1. Hi, we’re Jvzoo and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Jvzoo’ it’s because that’s who we are and we own and run the Jvzoo Market sites.
2. Jvzoo’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an Jvzoo Market account that will allow you to buy and sell items like the ones found on the Jvzoo Market sites and make other related transactions.
3. The Jvzoo Market sites are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On Jvzoo Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Jvzoo Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Jvzoo Market (as a buyer) and by buyers via Jvzoo Market to you (as an author).
4. The items on Jvzoo Market are owned by the authors, not by us. The items on Jvzoo Market are uploaded at the direction of the author. We provide the platform services; we do not take ownership of the items.
5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Jvzoo Market sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.
6. You can also access Jvzoo Websites via the Jvzoo Market sites. The products offered on Jvzoo Websites (which include hosted theme and hosted starter site subscriptions) are offered by Jvzoo Hosted and Jvzoo Sites and are subject to separate terms and conditions, which you can access here: Jvzoo Hosted Terms and Jvzoo Sites Terms. To avoid any doubt, the Jvzoo Market terms do not apply to the products offered via Jvzoo Websites.
7. Preview Files: If you stream or download a preview file from our Jvzoo Market sites, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Jvzoo Market sites and not for any other purpose.
8. Browsing: You need to be 16 years or over to browse the Jvzoo Market sites. We don’t knowingly collect any information from anyone aged 16 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our Jvzoo Market sites whether or not you’re a member.
9. Age: You need to be 18 years or over to become a member or to buy items. If you’re under 18 you will need to get a parent or guardian to buy items or 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.
10. Jvzoo Account: Membership is free. When you become a member you get an Jvzoo Market account that is accessible from any of our Jvzoo Market sites (and is also your Jvzoo account for other Jvzoo services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Jvzoo Market sites that help people get creative. Membership also gives you the opportunity to become an author (see section 31 – Becoming an Author) or earn referral income (see section 12 – Referrals).
11. Your responsibility: You promise that information you give us is true, accurate and complete and, if you sign up for an Jvzoo Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. You are responsible for any use of the Jvzoo Market sites including any activity that occurs in conjunction with your username and password, if you have an Jvzoo Market account, 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. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.
12. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Jvzoo Market sites you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.
13. What you're buying:
* License: When you buy an item, you acquire the right to use that item; you're not actually acquiring the item itself. What you get includes a license directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Jvzoo Market. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an Jvzoo Market member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
* Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page. All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an Jvzoo Market account.
* Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Jvzoo like 24/7 buyer support, fraud protection, item quality control and other related buyer services.
14. The total price for an item on Jvzoo Market is made up of:
* Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
* Buyer fee: This is the fee for the buyer services you get from Jvzoo.
* Handling fee:In some transactions on Jvzoo Market the total checkout price may include a handling fee.
* Taxes: Some transactions on Jvzoo Market may be subject to tax that may be added to the price. See section 23 for details about taxes on Jvzoo Market.
15. If you have an Jvzoo Market account, you can make payments by using the ‘Buy Now’ function or by using any existing Jvzoo Credits in your Jvzoo Market account.
16. Jvzoo Credits: Existing Jvzoo Credits can only be used to pay for Jvzoo Market transactions. We do not refund any monies originally placed into your Jvzoo Market account to buy Jvzoo Credits (but you may have rights under an applicable consumer law, which we don’t exclude).
17. If you choose to buy using any existing Jvzoo Credits, the total price will be deducted from your Jvzoo Credits. If you haven’t used your Jvzoo Credits within 12 months they may expire from the date of purchase. See section 24 for details about the expiry of Jvzoo Credits.
18. When using Buy Now you will be redirected to a payment method provider.
19. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Jvzoo Market. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
20. Terms of buying: When you buy an Jvzoo Market item you’re doing so on the following terms:
* you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
* you cannot cancel a completed purchase of an item;
* we and the authors do not promise that any particular item will continue to be available on Jvzoo Market so you should download and save the item as soon as you buy it;
* once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
* the author retains ownership of the item;
* your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; and
* we have the right to enforce against you the terms of the license that you have acquired from an author.
21. Warranties we make:
* We warrant that the Jvzoo Market sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
* We otherwise do not make any express or implied warranties about the Jvzoo Market sites (or any items on the Jvzoo Market sites).
22. Warranties authors make: The author of an item you buy warrants to you that:
* the item is of acceptable quality and fit for the purpose for which it is 'sold';
* the item matches the description given by the author on the item preview page, as well as any item preview;
* they will honour any express warranties given to you that are not contained in these terms;
* they have the rights necessary to license that item on the terms of applicable license;
* your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
* the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
* the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
* the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
* if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy;
* they will process your data in accordance with applicable privacy law and data protection regulations.
23. Taxes:
Sales Tax. Prices and fees made for supplies made to you (whether by Jvzoo or authors) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Jvzoo Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Jvzoo (or authors) the gross amount on the invoice(s) such that the amount received by Jvzoo (or authors) after the withholding tax is applied is the full amount Jvzoo (or authors) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Jvzoo’s standard processes).
24. Jvzoo Credits expire: Jvzoo Credits expire if not used within 12 months from the date of purchase, and will be forfeited on the 12 month anniversary of the purchase date. We generally try to tell you beforehand when Jvzoo Credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under an applicable consumer law, we don’t exclude them.
25. Items with an incorrect price or incorrect information: Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.
26. Given the nature of digital content, a refund or credit on a purchase is not granted unless one of the warranties given by the author in section 22 has been breached, or a refund is required under the Jvzoo Market Refund Rules or Australian consumer law or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.
27. We will assess refund or credit requests (if you have an Jvzoo Market account) on their merits, considering the digital nature of Jvzoo Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund or credit in situations like the following:
* you have changed your mind about an item;you bought an item by mistake;
* you bought an item by mistake;
* you do not have sufficient expertise to use the item;
* you ask for goodwill; or
* you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).
28. If the author or we decide to issue a refund or credit (if you have an Jvzoo Market account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using Jvzoo Credits, you will be given credit in Jvzoo Credits; if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you (not Jvzoo Credits) will be made in US Dollars, under the rules of the payment method (see section 19 - Currency conversion costs about currency conversion back to your local currency).
29. Disputes lodged with payment agents: If, as a buyer via your Jvzoo Market account, you lodge a dispute with a payment agent, this will result in a freezing of your Jvzoo Market account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Jvzoo Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.
30. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits under Australian law about banks, and that means you don’t get the benefit of any deposit insurance or guarantee under those laws. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.