About Brand Alchemy Design
The Website is operated by Brand Alchemy, LLC. By visiting Brand Alchemy Design and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”)
Brand Alchemy Design reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Brand Alchemy Design updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Brand Alchemy Design in the user interface.
Showit Website Templates
Licensing
The Customer one nonexclusive, non-transferable, non sublicensable license. This license permits the customer to use the website template for their own business. The Customer may not resell the purchased license key provided by Brand Alchemy Design to any other parties. The customer is also not authorized to redistribute the website template(s) to any other parties (whether for financial gain or as a gift)
Multi License Bundles
Please note that multi-license purchases are subject to terms. If The Customer purchases a two website template bundle Brand Alchemy Design grants one nonexclusive, non-transferable, non sublicensable license and The Customer is entitled to publish one (1) website using the templates. If The Customer purchases a three website template bundle Brand Alchemy Design grants two nonexclusive, non-transferable, non sublicensable licenses and The Customer is entitled to publish two (2) websites using the templates
Proprietary Rights
Brand Alchemy Design owns the rights to all design, text, graphics, logos, trademarks you see within each Template design. Photographs are the property of Unsplash or Pexels and governed under their respective copyright licenses. Brand Alchemy Design does not grant permission or a license agreement to use the images included.
Acknowledgement
Each Brand Alchemy Design template will include a ‘site credit’ area within the footer. The Customer is not required to include this in their final website UNLESS you are another Graphic, Brand or Web designer. Please be aware that Designers are not permitted to claim the work as their own and are required to include the site credit. If you are a Graphic or Brand or Web designer who chooses to purchase a template for your own business website you must provide a credit in the footer as follows: Template Design by Brand Alchemy Design. Customized by [Your Name]. For more information please refer to the Showit Designers Copyright Guide here.
Courses
Proprietary Rights
Brand Alchemy Design owns the rights to all design, text, graphics, logos, trademarks you see within its courses. All content provided within the website pages, emails and downloadable PDFs is the intellectual property of Brand Alchemy Design and is protected by American trademark, trade dress and copyright law. You may not remove any trademark, copyright or other notice from the content. You may not market or sell the content or any derivative works based on the content. Brand Alchemy Design reserves the right to pursue legal remedies against you for any violations of policies, terms, and conditions.
Disclaimer
You agree to purchase my courses on the basis that the information provided within the course is based entirely on my own personal experience as a branding specialist and website designer. What’s included within are expressions of opinion, and I cannot guarantee any specific outcomes.
All Products
Payment
Where the option is given to you, you may make payment for the Services (the 'Services Fee') by way of third party payment facilitator, Stripe and Paypal.
When making any payment in relation to your use of the Services, you warrant that you have read, understood and agreed to be bound by Stripe’s or Paypal’s terms and conditions which are available on their website.
You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
You agree and acknowledge that Brand Alchemy Design can vary the Services Fee at any time.
Payment Plans
For purchases where you choose the 2 x payment plan option, you will be billed in two separate payments over 2 consecutive months and monies will be automatically taken from your account. Please ensure that your account has sufficient funds available. You are not permitted to use the template until payment has been made in full. Brand Alchemy Design has the right to lawfully recover outstanding monies owed.
Refund Policy
As the Service is digital, Brand Alchemy Design will not issue refunds. If the Customer purchases a website template but feels it does not fit their business you may be eligible to exchange it for another template. Reach out to amber@ambersecrest.com to discuss your case but please be aware that not all requests will be fulfilled.
Limitation of liability
Brand Alchemy Design's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You expressly understand and agree that Brand Alchemy Design, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Indemnity
You agree to indemnify Brand Alchemy Design, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and
damage (including legal fees on a full indemnity basis) incurred, suffered
or arising out of or in connection with Your Content;
(b) any direct or indirect consequences of you accessing, using or transacting
on the Website or attempts to do so; and/or
(c) any breach of the Terms.
Governing Law
The Terms are governed by the laws of Arkansas, USA. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Arkansas, USA, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
Venue and Jurisdiction
The Services offered by Brand Alchemy Design is intended to be viewed by residents of the USA. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Arkansas, USA.
Privacy
Brand Alchemy Design takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Brand Alchemy Design's Privacy Policy, which is available on the Website.
