Buyer Terms and Conditions
About us and these terms
- Hi, we’re ElearnMarket and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘ElearnMarket it’s because that’s who we are and we own and run the ElearnMarket site.
- ElearnMarket is a site where ElearnMarket sells curated bundles of digital items like website themes, production music, motion graphics project files, software code, fonts and vectors that have been created by different contributors from around the world (Bundles). ElearnMarket ‘sells’ (ie, licenses) the Bundles as a reseller for the contributors..
How buying works
- Payments for Bundles can be made by credit card or Paypal.
- You are responsible for all costs of currency conversion relating to your transactions. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
- Some transactions may also be subject to tax that may be added to the price. See sections 18 and 19 for details about taxes on ElearnMarket Bundles.
- Given the nature of downloadable digital items, we do not generally offer a refund or credit on a purchase unless required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund or credit on a purchase, please contact us.
- We will assess refund or credit requests on their merits, considering the digital nature of Bundle items and the types of previews that were available before purchase. There is no obligation to provide a refund or credit in situations like the following:
- you have changed your mind about a Bundle;
- you bought a Bundle by mistake; or
- you do not have sufficient expertise to use the Bundle items.
- Refunds are not given for individual items within a Bundle. If a refund is given, it will be given for the whole Bundle and, unless otherwise agreed with us, this will mean that the Bundle License is revoked and you no longer have the right to use any items within the Bundle.
Updates and support
- If a Bundle incorporates code based items (like websites templates and plugins), then we will pass on to you any updates that contributors make available to us for buyers. There is no additional charge for these updates.
- While we are happy to answer your general questions about the items within a Bundle, we do not offer technical support for any particular items within a Bundle, including support with installation and customisation.
What we and our contributors promise
- We promise that ElearnMarket Bundles will be suitable for the purposes described on the site, that we will administer the site with reasonable skill and care, and that:
- the items within a Bundle are of acceptable quality and fit for the purpose for which they are ‘sold’;
- the items within a Bundle match any descriptions given on the ElearnMarket Bundles site, as well as any preview demonstration; and
- we will honour any express promises given to buyers that are not contained in these terms.
- We also promise that:
- the contributors have granted us the necessary rights to grant you the Bundles License, and that to our knowledge the items do not infringe the intellectual property rights of any other person; and
- the items within a Bundle do not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality or other computer software or hardware.
Liability and indemnity
- We grant you a limited indemnity on the following terms:
- someone else makes a claim against you that your use of a Bundle item in accordance with the Bundles License infringes their intellectual property or other rights; and
- if you promptly tell us about the claim and give us the option to control the defense of the claim (at our cost),
then we will indemnify you against any court awarded damages finally awarded against you or any settlement damages agreed to by us relating to that claim.
- We otherwise:
- exclude liability for loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of or damage to reputation, loss connected with any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you in any way connected with ElearnMarket Bundles or our agreement with you; and
- limit our liability in relation to each Bundle to an amount equal to the price paid for that Bundle, and you release us from any losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that you incur arising out of your use of any item within a Bundle,
except to the extent that this would contravene the Australian Consumer Law or any other applicable consumer protection law or otherwise cause any term of this agreement to be void.
- Prices and fees are inclusive of transactional taxes where relevant (like sales tax).
- You are responsible for paying all other fees and taxes associated with your use of ElearnMarket Bundles wherever levied (including withholding tax, if applicable). We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).
- We respect the intellectual property rights of others and we require that our contributors do the same. If you believe that an item infringes any intellectual property rights then please contact us directly at customersupport@ ElearnMarket.com.
- If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.
- Any notice you send us must be sent to customersupport@ ElearnMarket.com. Any notice we send to you will be emailed to the email address you used for purchase.
- Although we can change any of our terms at any time we will take reasonable steps to let you know when we do so.
- You consent to the novation of these terms to another company (like a group company or a business purchaser) in this way:
- the other company will assume our rights and obligations under these terms;
- we’ll be released from those rights and obligations; and
- your new agreement with the other company will be the same as these terms.
- Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
- We control and operate ElearnMarket Bundles from our offices in Orlando, Florida. The laws of Orlando, Florida, USA, govern these user terms, and you submit to the jurisdiction of the courts there.