Terms of Service

Last updated: 9 Oct 2024 20:07

BY VISITING OVERTHEMOONCREATIVE.CO, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the overthemooncreative.co website (the “Website”) operated by Cindy Kershaw (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Our company registration number is Over The Moon Creative. Our address is 7 St George Wharf. Our phone number is 07880 127 093. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

OUR OFFERS AND PRICING
We offer services and digital products on this Website. The price of these services and digital products is customised based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged.

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 WordPress Design & Development and other information are subject to change. Over The Moon Creative makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Over The Moon Creative disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

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.

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

PRODUCT DESCRIPTION

We endeavour 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.

THEME LICENSING

You may use the theme you purchased on up to 3 of your own websites. You may not redistribute the theme to anyone else.

If you are a website designer creating sites for your clients, then you or your client will need to purchase an additional licence for each of your client’s websites. Over The Moon Creative will only provide support to the person who purchased the theme. Designers using our themes are encouraged to have their clients purchase the licence directly from us, so they are able to access support from us.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Over The Moon Creative, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

SUPPORT

Our support team is here to help answer questions pertaining to any Over The Moon Creative theme setup and installation. Any further customizations to themes is not covered under our provided support.

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.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

PURCHASES
When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: bank transfer, MasterCard, Visa, and Wise.

You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.

CANCELLATION POLICY
We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Website.

We reserve the right to cancel your purchase prior to download. We will let you know immediately if we plan on cancelling your purchase.

We will issue you a refund of the full purchase price that you paid if we cancel your purchase.

REFUND POLICY

Due to the digital nature of all our products, we do not offer refunds or exchanges of products on this Website.

ADVANCE PAYMENTS
We may ask you to provide an advance payment on any purchase made of the services and digital products offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services and digital products.

We will issue you a refund of the advance payment that you made if we cancel.

We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on this Website. As such, we do not refund advance payments.

DEPOSITS

We may ask you to provide a deposit for purchases made of the services and digital products offered on our Website. A deposit is a payment made to reserve the services and digital products.

We will issue you a refund of the deposit that you made if we cancel your purchase.

We do not offer you the ability to cancel any purchases that you have made of the services and digital products offered on our Website. As such, we do not refund deposits.

WARRANTY ON PURCHASES
We offer the following warranties on purchases of services:

  • Services will be performed with reasonable care and skill;
  • Services will be performed within a reasonable time.

We offer the following warranties on purchases of digital products:

  • Digital products will be of satisfactory quality;
  • Digital products will be fit for a particular purpose;
  • Digital products will match the description;
  • Digital products will match a sample;
  • We have the right to supply the digital products;
  • We have clear title to the digital products;
  • Digital products do not have any undisclosed securities.

This warranty shall apply for 6 months from the date of the purchase.

Except as stated above and to the extent permitted by law, the items or services sold on this Website are provided “as is,” Except as stated above, no express warranty shall apply to any items or services displayed or sold on this Website. Note that you may have additional statutory rights provided to you under consumer protection laws. These rights are not affected by these terms.

REMEDIES
You agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be repair. You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. To the extent permitted by law, these remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.

Prohibited uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate Cindy Kershaw, Over The Moon Creative or its employees, representatives, subsidiaries or divisions;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorised purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorised access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.

To the extent permitted by law, this Website is provided “as is,” No express warranty shall apply to this Website. Note that you may have additional statutory rights provided to you under consumer protection laws. These rights are not affected by these terms.

Availability, errors and inaccuracies

To the extent permitted by law, we assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. If you determine that there is an error on this Website, or any invoices or purchase orders sent to you by us, please inform us immediately using the contact information below. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

Damages and limitation of liability

In no event shall Cindy Kershaw and Over The Moon Creative be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of or use of this Website or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of contract, tort, strict liability, consumer protection statutes or otherwise, even if Cindy Kershaw has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, Cindy Kershaw IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF Cindy Kershaw WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO Cindy Kershaw IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS Website. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF USE INURE TO THE BENEFIT OF Cindy Kershaw. The aggregate liability of Cindy Kershaw arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by Cindy Kershaw from you.

Note that you may have additional statutory rights provided to you under consumer protection laws. These rights are not affected by these terms.

Links to third party websites

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual property and DMCA notice and procedure for intellectual property infringement claims

All contents of this Website are ©2022 – 2024 Cindy Kershaw or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Cindy Kershaw and are either registered trademarks, trademarks or otherwise protected intellectual property of Cindy Kershaw or third parties in England and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact Cindy Kershaw at info@overthemooncreative.co.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorised to act on behalf of the owner of the intellectual property right’s interest;
  2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
  3. Your name, email, address and telephone number; and
  4. A statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the work, its agent or the law.

Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

You may submit your claim to us by contacting us at:

Cindy Kershaw
info@overthemooncreative.co
‭+44 7880 127093‬
7 St George Wharf
London
SW8 2JA

Governing law, severability, dispute resolution and venue

These Terms shall be governed and construed in accordance with the laws of England, without regard to its conflict of laws provisions. These terms shall not be governed by the United Nations convention on contracts for the sale of international goods, the Uniform Commercial Code, nor Incoterms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in England.

Changes to Terms of Service

We reserve the right to make changes to these Terms of Service at any time. We will notify you immediately of making any changes to these Terms of Service via by posting the updated terms of service to this website.

Questions

If you have any questions about our Terms of Service, please contact us at info@overthemooncreative.co.