OVERVIEW
The terms “we,” “us,” and “our” refer to VISUALPACKS (*) . The term the “Site” refers to thevisualpacks.com. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.
SERVICE
THEVISUALPACKS.COM is a membership site for digital templates resources and other content relating to email templates, slides and presentation files (the “Service”).
Use of thevisualpacks.com, including all materials presented herein and all online services provided by VISUAL PACKS (*), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
The scope of services provided by VISUAL PACKS according to this Agreement are limited to those listed on thevisualpacks.com website. VISUAL PACKS reserves the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to membership sites and other information are subject to change. VISUAL PACKS makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. VISUAL PACKS disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
ACCOUNT CREATION
In order to use the Service, you will be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to VISUAL PACKS will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
(*) Visual Packs is the trade name and brand of NZB with ID 54298760S, Spain
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
PROMOTIONS AND NEWSLETTERS
If you buy a product from us, you agree to receive product recommendations, promotions and new offers. You can unsubscribe at any time to not receive future emails. All newsletters that we send include a link to unsubscribe from those emails.
ORDER CONFIRMATION
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
STOCK PHOTOS
Stock photos are not included as part of the product. By continuing with the purchase you agree with this.
DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against VISUAL PACKS when there are reasonable delays in the access of the Service.
VISUAL PACKS reserves the right to terminate the Service, and or access to certain features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.
LIFETIME ACCESS
Is for the lifetime of the Service. If for any reason, VISUAL PACKS should dissolve or cease to exist, then your access to the Service terminates.
We reserve the right to update the content, offer customer service, and add new content. VISUAL PACKS is NOT obligated to add new content. Content may change over time as templates are modified, added, or removed. As such, it is the User responsibility to download and keep files on their computers or personal clouds. VISUAL PACKS reserves the right to remove access. VISUAL PACKS reserves the right to remove User access to the infographics.
PRICE
The prices of our products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices are correct at the time when the relevant information was entered onto the system.
Prices and offers for our Products may change from time to time. We reserve the right to increase or decrease the price for marketing and A/B test purposes.
CANCELLATIONS & REFUNDS
As the item, you are purchasing is digital goods, by delivering or downloading the item you have taken ownership of the item, and we cannot offer refunds or exchanges due to a change of mind.
If you have technical issues with the product or you can't download the files contact us and we will help you as soon as possible.
Please Note: Some content is not compatible with Google Slides because are native charts from Microsoft PowerPoint.
Stock Photos are NOT included. Before to proceed with the purchase make sure you are agree with that.
Any disputes we receive through PayPal or Credit/Debit/Bank automatically disable your account without the right to have access again.
If for any reason we decide to give you a refund, your license and use of the product remain permanently revoked.
Refund Policy
As the item, you are purchasing is digital and there are no physical goods, by delivering or downloading the item you have taken ownership of the item, and we cannot offer refunds or exchanges.
If you have technical issues with the product or you can't download the files contact us and we will help you as soon as possible.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by VISUAL PACKS, including trademarks, copyrights, proprietary information, and other intellectual property. VISUAL PACKS copyrighted and original materials are provided to you as part of the Service for your individual use only and a single-user license. All intellectual property, including VISUAL PACKS copyrighted materials shall remain the sole property of VISUAL PACKS No license to sell or distribute our materials is granted or implied.
All the content can be used for both personal and commercial purposes, for yourself or on behalf of a client, on their own, or as part of new work.
Cannot be sub-licensed, resold, shared, transferred, or otherwise redistributed on its own.
CHANGED TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, VISUAL PACKS IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF VISUAL PACKS HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL VISULA PACKS CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM VISUAL PACKS.
INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and VISUAL PACKS pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by VISUAL PACKS shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by VISUAL PACKS
NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
hello@thevisualpacks.com
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
