About us and these terms

 

The “no bullshit” promise:

  • We are honest about what we do; we will be straightforward in how we deal with you.

  • We will not exaggerate or over complicate our claims of value to our customers.

  • We will give you what we promise to give you.

  • If we make mistakes, we will apologize and make good.

  • If we’re ever hypocritical we will admit it, and clean up our act.

  • We will listen to you, and be honest and professional in our replies, even if it means you won’t always like what we say.

  • We expect you to treat us the same way.

Hi, welcome to DezineDesk, a subscription service for digital Items creator company for your commercial and non-commercial use. All references in these terms of use and conditions of sale to the “website” or “Website” refer to this website DezineDesk.com; to “we”, “us”, “our” and “DezineDesk” refer to DezineDesk is a property of AHOY DIGITAL PRIVATE LIMITED; and to “you” and “your” are to you, the user / buyer; the “Product(s)” refers to any material you download or use from the Website, the “Service(s)” refers to any written and recorded video material on the website, educational tutorials, email advice, templates, items, any digital goods and consulting services.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.dezinedesk.com website.

When you create a DezineDesk account and accept these terms you become a member of our community. This Website is designed for you — please read these terms and conditions as they protect your interest, and if you have any comments, problems or any questions regarding our Website and/or products and services featured, please get in touch with us. By using or accessing our Website and/or placing any order(s), you agree to be legally bound by these terms and conditions. If you do not wish to agree to the outlined terms and conditions (the “terms of use” or “agreement”), please refrain from using the site, whether you become a member or not.

The Items on DezineDesk are owned by us. They are licensed to you under the terms of the DezineDesk License (as amended from time to time).

DezineDesk reserves the right to make any changes to our terms of use and/or our privacy statement without prior notification to you. If we make changes to our terms of use and privacy statement and you continue to use our site, you are impliedly agreeing to the terms of use and privacy statement expressed herein.

By creating an account on DezineDesk or/and subscribing to the newsletter, you give us permission to send you emails. You will receive information regarding your account activity and updates about our resources. You can unsubscribe anytime by clicking on the “unsubscribe” link on our emails.

If you have any questions about these terms, please contact DezineDesk.

 

I. How membership works? Becoming a Subscriber –

  1. Individual subscription:

    When you become a Subscriber you get to access our library of Items that must be used in accordance with the DezineDesk License. Only real people, using their real details, can subscribe to DezineDesk – shared or group subscriptions may be possible in the future, but are not available as at the date of these terms.

  2. Age:

    You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

  3. Your responsibility:

    You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferable. You are responsible for any use of DezineDesk that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately.

II. How downloading and registering Items works

What do you get when you download and register an Item?

  1. License:

    When you download an Item as a Subscriber, you will be granted a license from us to use that Item for the purpose you nominate.

  2. No ownership:

    By downloading or registering an Item you’re not actually acquiring ownership of the Item itself, only the license to use that Item. Items are subject to specific terms of use, and these terms are set out in the DezineDesk License.

  3. Effect of ceasing subscription:

    As DezineDesk is a subscription service, certain rights granted under an Item license are only applicable for as long as your DezineDesk subscription is active.

If you’ve used Items for specific projects or end uses, they retain a valid license after your subscription ends. But for trial licenses, free files and everything else, you’ll need to remove the Items from any associated product, project or end-use. Please read the DezineDesk License in detail to understand what you can do with Items.

  1. Services:

    As a Subscriber you also receive services from us like account support, fraud protection, library quality control and other related services.

  2. Support:

    DezineDesk provides support services for its products to clients with active memberships. Support is provided via the DezineDesk support mail and remote support in the extreme case. Upon subscription expiration or account closure, a client’s access to support is terminated. DezineDesk provides support for its own products only. We do not provide support for third party products or services, nor do we provide support for our own products when obtained through third parties.

III. Third party products and services:

  1. As a Subscriber you may also have access to, or be eligible for special offers in relation to, products and services provided by our partnered suppliers (Third Party Offers). Information about Third Party Offers will be published on our website.
  2. You have no obligation to redeem any Third Party Offer. However, if you choose to do so, then you will be buying the relevant product and/or service from the supplier and not from us.
  3. The redemption of a Third Party Offer is subject to terms and conditions set by our partners. You should read and make sure that you agree to the applicable terms and conditions before redeeming any Third Party Offer.
  4. The description of products and services forming part of a Third Party Offer published on our site, and any associated links, have been provided to us by the suppliers. While we have made reasonable efforts to check the accuracy of the descriptions, the suppliers are solely responsible for any representations contained in those descriptions. Further, we do not endorse or assume any responsibility for those products and services.
  5. The suppliers might make, or be required by relevant laws to make, other promises to you as a consumer. Check their terms and conditions to see what they say.

 

IV. Transacting as a Subscriber:

  1. Terms of subscribing:
    It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully.
    When you subscribe to DezineDesk, you do so on the following terms:
    1. you promise to us that you understand what you can and can’t do with your downloaded Items in accordance with the DezineDesk License;
    2. we do not promise that any particular Item will continue to be available on DezineDesk;
    3. once you register an Item, you acquire a non- exclusive license to use the Item under the terms set out in the DezineDesk License (non-exclusive means others might also license the same Item); and
    4. you do not gain any ownership rights in a downloaded Item.
  1. Taxes:

    1. All prices quoted are in US Dollars and are inclusive of tax (as applicable), except for VAT. VAT is charged applicable to your location and is additional to the listed price. The price does not include any delivery cost. Prices may change at any time but will not affect orders which have already been shipped. Our Website may contain a number of products and it is always possible that, despite our best efforts, some of the products listed on our Website may be incorrectly priced. We are under no obligation to provide the product to you at the incorrect (lower) price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing. Our promotional materials will state whether or not the price is inclusive or exclusive of transnational taxes.
    2. You are responsible for paying all other fees and taxes associated with your use of DezineDesk wherever levied. Your responsibility includes withholding tax if it applies. 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).
  2. Coupons are only applicable at the time of purchase and cannot be applied retroactively.
  3. Full payment will be taken at the time of placing your product order, and we reserve the right to obtain validation of your payment before accepting your order. If your order is rejected, for whatever reason, and payment has been accepted, you will receive a full refund.
  4. In the event that you select an ongoing, regular payment method (for example a monthly credit card or PayPal payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under these terms and the DezineDesk License will also be suspended.

 

V. Refunds and cancellations

We cannot accept returns for any reason. We do not offer refunds. In select cases, we do offer exchanges to replace a model you purchased for a model up to the same price. If you have any question about the applicability of the models for your business or questions about the models, email us before purchase at support@dezinedesk.com

 

VI. Intellectual Property

  1. What we own:

    We own all the DezineDesk Content that we have put on DezineDesk (unless otherwise stated and excluding content owned by others). This includes the design, items, compilation, and look and feel of the DezineDesk site, and copyright, trademarks, designs and other intellectual property on DezineDesk. We own all the trademarks, logos, service marks and trade names on DezineDesk (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our DezineDesk Content or use any of our intellectual property in any way not expressly stated in these terms.

  2. Copyright, trademark and intellectual property claims:

    We respect the intellectual property rights of others, and we expect our users to do the same. As the service provider of DezineDesk address allegations of intellectual property infringement against the content in our items, and copyright owners and authorised parties can submit valid notices claiming intellectual property infringement. If you believe that an any Item or any content on DezineDesk infringes any intellectual property right (including copyright) please contact us at support@dezinedesk.com

 

VII. Our use of your information

  1. Privacy:
    Our Privacy Policy explains how we deal with your information.
    We respect your privacy and process your information in accordance with our Privacy Policy.
  2. Confidential Information:We value your information and take reasonable precautions to protect it. While using DezineDesk, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through DezineDesk to any other person.

 

VIII. What’s not acceptable use?

It’s NOT OKAY to use DezineDesk or any of our sites or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following content:

  1. Adult content:

    This includes images or videos that contain nudity or sexual activity, or any commercial activity linked to making money from adult content such as escort agencies.

  2. Exploitation of children:

    This includes images or videos depicting children in a way that encourages or promotes attraction towards children.

  3. Hate speech:

    This includes content that supports or condones violence or discrimination against individuals based on race, ethnicity, religion, disability, age, gender, nationality, sexual orientation or gender identity.

  4. Incitement of violence:

    This includes content that threatens, or that is intended to incite, violence against an individual or group of individuals.

  5. Harassment:

    This includes any form of harassment or bullying against an individual or group of individuals.

  6. Defamation:

    This includes any untruthful comments about a person that has the tendency to lower their estimation in the eyes of others.

  7. Copyright and third party intellectual property:

    Using the DezineDesk, products or service in violation of the copyright or other intellectual property rights of others is NOT cool, and is illegal, so please don’t do that.

  8. Offensive content:

    This includes content that would cause offence to a reasonable person, including content that is posted for ‘shock value’.

  9. Fraudulent, misleading or deceptive conduct:

    This includes making statements about your own products or services that are not accurate or impersonating others.

It’s also NOT OKAY to use DezineDesk or any of our sites or products to submit, post, build, host or otherwise make available any content that may contain, provide access to (eg, through links to third party websites) or promote any of the following activities:

  1. Supply of regulated goods and services:

    This includes the supply of alcohol, tobacco, pharmaceuticals, medical devices, supplements, fireworks, weapons, gambling or adult escort services.

  2. Illegal activities:

    This seems like a no brainer but using DezineDesk , products or services for any dangerous or illegal content or other purposes is NOT acceptable. You should always ensure you’re aware and comply with any applicable laws in India, USA or other jurisdictions you are located in or doing business in.

  3. Illegal activities which cause harm to DezineDesk products or services or brand or others:

    Unacceptable content or links which might cause harm to the DezineDesk products or services or brand or others is definitely NOT OKAY with us. This includes pirated software, programs or archives that provide the functionality to gain unauthorised access to other systems or networks of any kind, Warez sites, files or web pages that contain viruses, trojans, malware or other applications designed to access a user’s equipment or information with illegal intentions and/or without the knowledge of the user.

 

IX. Linking; apps made by others

  1. Linking to DezineDesk:

    We reserve the right to insist that any link to DezineDesk be discontinued, and to revoke your ability to link to DezineDesk.

  2. Links from DezineDesk:

    The DezineDesk site and Item downloads may contain links to other non- DezineDesk sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

 

X. Legal Housekeeping

Eligibility, suspension or termination:

Being a Subscriber is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of DezineDesk complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:

  1. if you breach these terms;
  2. if you act in a way that does not align with the values of our community; or
  3. if you act in a way that could cause us or others harm.

If we do decide to permanently terminate your DezineDesk account you must not apply for a new account as unfortunately you will no longer be welcome in our community. This decision may also apply to all of your DezineDesk account you use on DezineDesk.

 

XI. Liability and indemnity – between us and Subscribers

  1. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of DezineDesk, any Item or the products or services forming part of any Third Party Offer.
  2. DezineDesk, the Items and all Third Party Offers are made available to you on an “AS IS” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
  3. Our liability to you in connection with DezineDesk or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
    2. our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your DezineDesk subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
  4. Availability:

    We strive to have DezineDesk available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access DezineDesk, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how DezineDesk works, including the kinds of Items available on DezineDesk. The DezineDesk will not be liable to you for any loss you suffer as a result of these things.

  5. Third party:

    If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to DezineDesk.

  6. Consumer laws:

    In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.

  7. Blocking you, disabling your subscription or refusing to process a payment:

    We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the government of India); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.

  8. Relationship between the parties:

    Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.

  9. Notices:

    Any notice you send us must be submitted via our support@dezinedesk.com. Any notice we send to you will be emailed to the email address you provided to us.

  10. Changes to these terms:

    We may change these terms (including the DezineDesk License) at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your DezineDesk subscription in accordance with section ‘V’ above. However, if you continue to use DezineDesk after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.

Whether a change has a material effect on you to your detriment depends on the nature of the change and your particular circumstances. For example, a change which causes you to incur increased transaction fees, or which removes an entire category of Items, could have a material effect on the amount of value you get out of DezineDesk. The removal of individual items or a minor clarifying change to the  DezineDesk License will not typically have a material effect on you to your detriment.

 

XII. Interpretation:

Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.

 

XIII. Applicable Laws:

We control and operate DezineDesk from our offices in Nashik, Maharashtra, India. This agreement shall be governed and interpreted by and constructed in accordance with the laws of India and courts in Nashik alone shall have Jurisdiction over all matters arising out of or relating to this contract.

 

Definitions –

DezineDesk Content:

is all the content that we have put on DezineDesk and includes the design, compilation, and look and feel of DezineDesk, and copyright, trademarks, designs and other intellectual property on DezineDesk (unless otherwise stated and excluding content owned by others like author content)

Items:

digital goods found on DezineDesk, which may (but won’t necessarily) include goods like graphic design templates, fonts, WordPress themes, background music, After Effects project files, photography and much, much more.

Subscriber:

a person who signs up by creating an account and accepting these terms.

Payment method:

any payment agent or method we make available on DezineDesk.