Terms & Conditions
1. INTRODUCTION
87DesignClub consents to give YOU the digital file’s in exchange for Your acceptance of the following terms and conditions AGREEMENT. You are accepting and concurring to the terms and conditions of this Agreement, which serve as a legal contract between You and the KM, by downloading the digital product. You shouldn’t download the digital file if You disagree with the terms of this Agreement. No refunds or exchanges for the digital download will be made after You have downloaded and received it unless a technical problem makes it necessary.
2. HOW THESE TERMS APPLY TO PRODUCT SALES
2.1 These terms and conditions for the sale of digital items (together with any applicable documents referred to in them, such as the website terms of use) outline the conditions under which we will provide you with any of the following goods through our website:
– Digital graphics items that you may download to your computer or mobile device;
– Digital online course/ video class you may download to your computer or mobile device;
– Digital downloads to your computer or mobile device of web page-related files (such as html, css, php, and js).
2.2 When you purchase Digital Products through this site you will be required to click the “Proceed Directly to Checkout” button to complete the order, which is preceded by the instruction “All purchases are subject to our license agreement & terms and conditions”. By clicking the “Proceed to Checkout” button and/or by using this site to purchase Digital Products you are accepting both this license agreement and terms and conditions of sale and if relevant any product-specific terms. There will be no contract between us if you put any conditions on your purchase of digital products through our website. Before placing an order for any of the Products from our website, please carefully read these terms and conditions. Before placing any orders, please get in touch with us if you have any questions about these conditions.
2.3 The following sequence of precedence will be followed if there is any disagreement or discrepancy about your use of and/or order for digital products between the terms and conditions on this site and the privacy policy:
– Privacy Policy
– Website terms of use
– Terms and conditions of sale
2.4 We advise printing a copy of these terms and conditions for future reference and reading them over each time you buy digital products.
3. REGISTRATION
3.1 In order to complete your order, you will need to register with our site. When registering, you will be needed for personal information as well as payment and billing information.
3.2 You guarantee that the information you give us is true, comprehensive, and accurate. You agree to give us your information only. Any account information, including any passwords, should be kept secure and kept private. Do not give this information to anybody. If you believe your account information has been hacked, please contact us right away. Every order placed and every action taken using your account information is your responsibility.
4. ABOUT YOU
4.1 By ordering Digital Products from our website, you represent and warrant that.
4.1.1 You are able to make legally binding agreements.
4.1.2 You must be at least 18 years old.
4.1.3 You will not copy, distribute, or share the Digital Products, except as expressly permitted by these terms of sale and the product license agreement.
4.2 By ordering Digital Products, you agree that we may store, process, and utilize the personal information we have about you to complete your order. We engage with third parties, such as card payment and collection agencies, to assist us deliver the Digital Products to you, and they will also have access to your personal information to the degree necessary to support us in processing/fulfilling your order. Please see our Privacy Policy for more details on how we may save, handle, and use your personal data.
5. PLACING AN ORDER AND HOW THE AGREEMENT BETWEEN YOU AND US IS CREATED
5.1 After ordering a Digital Product through our website, you will get an email from us as well as a notification from us outlining the specifics of your order and acknowledging that we have received it.
5.2 The agreement for the purchase of any Digital Product will be made between You and Us and will only take effect after we make the Digital Product available for download and after we have received full payment for the Digital Product. There is no contract between you and us for the Digital Products until we release them for download and receive complete payment. We have the right to refuse any orders you place at our sole discretion.
6. DIGITAL PRODUCTS
6.1 You can access and buy downloads of digital products through the digital service we offer on this website including information related to these products and associated artwork.
6.2 All digital products made available via this website are our property and are therefore shielded by intellectual property laws. This covers copyright, trademarks, designs, and other intellectual property, as well as the design, compilation, and overall aesthetic of the website. We are the exclusive owners of any trade names, service marks, and trademarks unless otherwise stated and excluding these things owned by others.
6.3 The product license agreement for all uses of digital products acquired through this website. You are given a non-exclusive, non-transferable license to use the Digital Product with these terms of sale upon payment of the Digital Product’s price.
6.4 You accept that any Digital Products made available through this site whether they are available as downloads may not be reproduced, transmitted, assigned, sold, broadcast, rented, shared, lent, modified, adapted, edited, or transferred in any way not expressly permitted by the applicable product license agreement. Nothing in these terms of sale gives you any additional rights than what is specifically stated in them. The synchronization, public performance, promotional use, commercial sale, resale, replication, distribution, or commercial exploitation of any Digital Product is not permitted under these terms.
6.5 In addition to any other legal options we may have, we shall be permitted to seek injunctive relief against you to enforce these terms of sale and stop any unauthorized use of this website and/or Digital Products.
6.6 Downloads of digital products can be downloaded to and kept on your computer’s or mobile device’s hard drive, and then they can be exported, burned, or copied. Any and all usage limits for the Digital Product outlined in the product license agreement must be followed.
6.7 Our digital products may include a digital watermark that enables us to trace any later unauthorized transfers and trace the source of the digital product. You consent to make no effort to get rid of the watermark or get around the security system in any other manner.
6.8 You may use our (graphic items) for your personal and commercial purposes.
6.9 Our (Course / Video Class) can only be viewed and learned by you. Don’t sale, don’t copy, don’t share and don’t buy in shares. Just only for you. Legal action will be taken if you are found to have done such a thing.
7. CANCELLATIONS AND RETURNS
7.1 Once a Digital Product has been made available for download by you, you cannot change or cancel your order for any download of that Digital Product. Each download purchase is regarded as a final, non-returnable, non-exchangeable sale.
7.2 We provide our Digital Products carefully. Please use our contact form if there are issues with, or damage to, the Digital Products, or if you have received a faulty or incomplete Digital Product. If it is practicable, we will replace any such defective or damaged digital products; otherwise, if there are still problems, we may give a refund. Within a 24 hours after downloading the Digital Product, you must inform us. We won’t be liable to you if you don’t notify us in a timely manner.
8. PRICE AND PAYMENT
8.1 We will give a download link to your purchased Digital Product within 48 hours of payment being received.
8.2 Except for an obvious error, the price of any Digital Product will be what is stated on this site at the time of purchase. You can buy digital goods single or as a package. We retain the right to only provide specific Digital Products as a component of larger products.
8.3 We make every effort to ensure that the costs of the digital goods shown on our website are accurate. Despite our best efforts, it is always possible that any of the Digital Products offered on our site may be priced inaccurately. This is because our site offers a variety of Digital Products. If, after you place your order, the correct price of a Digital Product changes and we have not yet processed your payment and made the Digital Product accessible for download, we will ordinarily, and at our discretion, either contact you for instructions prior to making the Digital Product accessible for download.
8.4 If the pricing error is clear and unmistakable and might have been recognized by you as a pricing error, we are under no duty to give you the Digital Product at the incorrect lower price. If there are clear and evident pricing problems, we retain the right to cancel any contract for Digital Products.
8.5 Digital product prices are subject to change at any time; however, these changes will not apply to orders for which we have already received money and made the download available.
8.6 Please take note that some network/service providers may charge you more for this service if you download the digital products on a mobile device. Before choosing the download to the mobile option, we advise you to speak with your network/service provider to learn the specifics of any additional fees and their scope. The possibility of international roaming fees should be noted.
8.7 All Digital Products must be purchased with a credit card or Paypal. We accept the credit cards listed on our website’s payment page.
8.8 You confirm that you are authorized to purchase the Digital Products and that you are the holder of the relevant credit or debit card or of the relevant payment account or are expressly authorized to use such by providing the details of a credit or debit card to be billed or of a payment account to be debited for payment of the price due. Both we and the card issuer may conduct validation checks on all card payments and cardholder information.
8.9 The card issuer must verify and authorize each and every credit/debit card holder. We will not accept your order if the cardholder for your payment method declines to authorize it. We will also not be responsible for any delivery delays or non-delivery, and we are not required to let you know why the decline was made. As a result of our processing of your credit/debit card payment in compliance with your purchase, we are not liable for any fees your card issuer or bank may charge you. If there is an issue with your payment, we will get in touch with you to discuss what to do next.
9. ACCOUNT TERMINATION
9.1 If you violate these terms, or if we have reason to believe that you have violated them, we may take any or all of the following actions:
– Legal action against you.
– Temporary, or permanent termination of your access to your account.
– a court case against you.
– We may provide information to law enforcement officials as we deem necessary.
We are not restricted to the responses mentioned above, and we are free to take whatever steps we feel sensible.
10. COMMUNICATION
Some of the information or communications we send to you should be in writing per applicable legislation. You acknowledge that communication with us will take place mostly online when using our site. We will email you with information or publish alerts on our website to notify you. You recognize that all contracts, notices, information, and other communications that we deliver to you electronically satisfies any legal need that such communications be in writing. You consent to this electronic method of communication for contractual reasons.
11. OUR LIABILITY TO YOU
The limitations of our liability to you are outlined in this section, so PLEASE READ IT CAREFULLY.
11.1 You acknowledge that if we decide to remove a Digital Product from this site or decide to suspend or terminate your access to this site or to Digital Products, including through purchases made through the site, you will not have any recourse against us.
11.2 We promise to you that any digital product you acquire from us through our website will be of acceptable quality and suitably appropriate for the intended use for which items of a similar nature are typically offered. We don’t provide any additional guarantees or assurances regarding the digital products. You acknowledge that accessing or purchasing Digital Products from this site is done at your own risk.
11.3 Except for losses that are a foreseeable result of the breach, neither You nor We will be liable for any losses incurred by the other as a result of a breach of the contract for the Digital Product on Our part. Losses are anticipated where they could be anticipated by you and us at the time we accept your order.
11.4 The amount of your losses caused by our breach of a contract for a Digital Product (or products)) is strictly limited to the cost of the affected Digital Product(s) in question.
11.5 Losses that occur as a result of the primary loss or damage but were not anticipated by you or us are not our responsibility, including but not limited to: 11.5.1 Third party loss; 11.5.2 Income or revenue loss; 11.5.3 Business Loss; 11.5.4 Profits or contracts loss; 11.5.5 Anticipated savings loss; 11.5.6 Damage to or corruption of data loss; 11.5.7 Opportunity or goodwill loss; 11.5.8 any kind of indirect or consequential loss. However originated and whether brought on by a tort, such as negligence, a breach of contract, or something else.
11.6 This section in no way limits or eliminates our liability: 11.6.1 For wrongful death or personal injury brought on by our negligence; 11.6.2 For fraud or fraudulent misrepresentation; 11.6.3 For any intentional violations of these terms on our part that would give you the right to revoke our agreement regarding the Digital Products; 11.6.4 For any other situation in which we are not permitted by law to exclude or limit our liability.
12. PRODUCT AVAILABILITY AND DOWNLOAD
12.1 All our digital products are subject to availability. We reserve the right to change or remove any Digital Products or other Content without notice or liability to you.
12.2 The purchased product download period will be 6 months. Must be downloaded within 6 months of order. We will not be responsible if the download link expires.
13. RIGHT OF US TO AMEND THESE TERMS AND CONDITIONS
13.1 We reserve the right to update and modify these terms and conditions of sale from time to time, including to reflect changes affecting our business, technological advancements, licensing agreements, payment options, amendments to applicable laws and regulations, and improvements to our site’s functionality.
13.1 We reserve the right to update and modify these terms and conditions of sale from time to time, including to reflect changes affecting our business, technological advancements, licensing agreements, payment options, amendments to applicable laws and regulations, and improvements to our site’s functionality.
14. LAW AND JURISDICTION
All applicable Bangladesh and local laws and regulations will apply to contracts for the purchase of Digital Products made through our site as well as to any dispute or claim arising out of or related to them, their subject matter, or their formation. The courts of Bangladesh shall have non-exclusive jurisdiction over any dispute or claim that arises out of or relates to such contracts or their formation including non-contractual disputes or claims.
15. QUESTIONS OR COMPLAINTS?
Please feel free to use our contact form to get in touch with us if you have any questions about this website, the products it features, or any of the terms. We will be happy to help.
