Terms & Conditions

Before using this site, please read the terms and conditions below.

OVERVIEW

These Terms & Conditions are subject to change, with or without notice to you, at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Throughout the site, the terms “we”, “us” and “our” refer to ELAIENEI CREATIVE, which offers this website, including all information, tools, products and services available on this website to you, the user, on a condition that you accept all terms, conditions, policies and notices stated here.

1. Ownership of Digital Products:

All digital products on ELAIENEI CREATIVE, including mockups, illustrations, icons, templates and other digital assets, are protected by intellectual property laws. When you purchase a product from this website, you are buying the right to use it for personal, non-commercial purposes. It's important to note that you do not acquire ownership rights to any product, and thus, none of the products can be copied, reproduced, distributed, republished, resold, or displayed as your own in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission from us.

2. Age Restrictions:

To use our website and purchase our digital products, you must be at least 18 years old. If you are under 18, you may only use our website with the permission and supervision of a parent or guardian.

3. Purchase Process:

When you place an order on our website, it will be subject to acceptance according to these Terms and Conditions. The final details of your order will be provided at the end of the checkout process. Please be aware that we reserve the right to cancel orders at any time, with or without cause.

Please note that you will not receive physical products, but you will be able to download digital products instantly, after placing your order, and/or you will receive an email shortly after placing your order, to download the assets purchased.

4. Products and Services:

We are making every effort to display as accurately as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected

5. Errors and Changes:

While we strive for accuracy, it's possible that our website may contain errors or inaccuracies. We may change prices, product descriptions, and availability without prior notice. The price you pay for a product is the one displayed at the final checkout stage. Please be aware that placing an item in your shopping cart does not reserve the price shown at that time.

6. No Warranty:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

If you notice an issue on the website or the products, provided on this website, please inform us via email hello@elaienei-creative.co.uk and we will try to amend, update, remove or fix issues, where necessary.

7. Viruses, Hacking and Other Offences

You must refrain from misusing our site by deliberately introducing viruses, trojans, worms, logic bombs, or any other malicious or technologically harmful materials. Additionally, attempting to gain unauthorized access to our site, the server where it's hosted, or any server, computer, or database connected to our site is strictly prohibited. Engaging in activities that involve attacking our site through methods such as denial-of-service attacks or distributed denial-of-service attacks is also forbidden.

It's important to note that violating this provision constitutes a criminal offense under the Computer Misuse Act of 1990. In the event of such a breach, we will promptly report it to the appropriate law enforcement authorities and fully cooperate with them, including disclosing your identity. Consequences of this breach may include the immediate cessation of your right to use our site.

Please be aware that we are not liable for any loss or damage resulting from a distributed denial-of-service attack, viruses, or any other technologically harmful materials that may infect your computer equipment, computer programs, data, or other proprietary materials due to your use of our site or when downloading any content from our site or any linked website.

8. Limitation of Liability:

To the fullest extent allowed by applicable laws, we, along with our affiliates and service providers, disclaim liability for any losses, damages, or expenses, whether direct, indirect, special, or consequential, arising from the use of our website. You are responsible for data backup and virus checking. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but limited to:

• loss of income or revenue

• loss of business

• loss of profits or contracts

• loss of goodwill

• loss of anticipated savings

• loss or corruption of data, or

waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

9. Third-Party Links:

Our website may provide links to other websites operated by third parties. These links are provided for your convenience, but we have no control over these third-party websites. We are not responsible for their content or materials. When using these websites, you are subject to their terms and policies.

10. Modification and Termination:

We reserve the right to modify, edit, or discontinue our website and services at any time without prior notice. Your continued use of our site constitutes acceptance of these changes.

11. Privacy:

Your use of our website is also governed by our Privacy Policy, which outlines how we handle your personal information. It's essential to review our Privacy Policy to understand how we protect your data.

12. Indemnity:

By using our website, you agree to indemnify and hold ELAIENEI CREATIVE harmless from any claims or liabilities that may arise from your use of our site or any breach of these Terms and Conditions.

13. Alterations:

Please note that these Terms and Conditions are subject to change. The version displayed on our website when you access it applies to your use. We recommend periodically reviewing these terms for any updates or modifications.

14. License Agreement

Purchasing products on this website gives you a non-exclusive, limited-use Standard License. The terms apply to all purchases and free photos provided to our mailing list subscribers (referred to as 'users').

You are allowed to:

• Use images for personal or business purposes, both online and in print.

• Modify images as desired—adjust colours, apply filters, crop, overlay text, and get creative.

• Utilize images on websites and social media without the need for attribution.

• Create digital products for your business or personal project, such as e-books, PDFs, or worksheets. However, ensure that the images are flattened as part of the design (not extractable) and are not the primary component of the product/download. In other words, you can't distribute the images themselves, even if edited, as downloads.

• Use and reuse images/files an unlimited number of times for personal projects but limit usage to once for commercial projects.

• Create End Products for sale, provided the lifetime sales of the End Product do not exceed 500 units.

You are prohibited from:

• Claiming the purchased images and files as your own. ELAIENEI CREATIVE retains original image rights, and customers agree to use the images according to these terms.

• Redistributing, selling, re-selling or loaning the image to third parties in any manner.

• Using the images to promote or sell other stock photography products, services, or resources.

• Using the images for illegal activities, pornography, or to spread negative messages.

15. Governing Law:

These Terms & Conditions, and any disputes or legal matters arising from your use of this website or our products, shall be governed by and construed in accordance with the laws of Scotland. Any legal action or proceeding relating to your access to or use of this website shall be instituted in the courts of Scotland, and you expressly agree to the jurisdiction of such courts.

16. Contact Us:

If you have questions or concerns regarding our Terms and Conditions or if you're unhappy with any of the products you have purchased from this website, please feel free to contact us at hello@elaienei-creative.co.uk. We're here to help and provide any necessary clarifications.