Terms & Conditions

Website Terms and Conditions of Use Relating to www.shakadesigns.com

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Shaka Designs (“Provider”) website located at the domain name www.shakadesigns.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Electronic Communications

By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website www.shakadesigns.com sells PDF downloads, Professional Website Review Services, and Online Courses online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Online Payment – Stripe

All online credit card payments are processed by the Stripe or PayPal.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to info@shakadesigns.com.

Refunds for PDF Guides & Checklists

PDF downloads are exempt from being returned. Due to the nature of digital products, refunds are not available

Updating of these Terms and Conditions

Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Other than the content you own, under these Terms, Shaka Designs and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Template(s) Terms & Conditions

By purchasing a website template from Shaka Designs you are legally bound to the following terms.

Each template has a site credit in the footer. I ask that you leave the site credit on your final website version. But please be sure to add in your business name for the copyright. Upon purchase, you will be invited to a Facebook support group as well as access to join my website as a member so you have access to the training materials.

You may not resell or redistribute the template(s) under any circumstances.

You must have a Premium Plan with Wix in order to use website templates.

Note For Designers: (graphic designers, website designers, branding designers, etc.) are prohibited from claiming Shaka Designs’ templates as their own and promoting them as their own original, unique work. You cannot use them as starting points for future client projects and you cannot use them as your website to advertise your design services. Designers may still use Shaka Designs’ templates, but must not claim the template as their creation and must always leave the site design credit linking back to www.shakadesigns.com

Payments & Refunds

I want you to be completely satisfied with your website template, however, due to the nature of this template, since digital files can not be returned, all sales are final and non-refundable.

I do want to make sure editing and launching your website goes as smoothly as possible which is why I've included in depth training videos and links to Wix articles. But on top of that your template comes with 30-day post-purchase support. That means if you get really stuck, you can shoot me an email and I'll be happy to answer any of your questions within 2 business days.

Restrictions

You are specifically restricted from all of the following:

publishing any Website material in any other media;
selling, sublicensing and/or otherwise commercializing any Website material;
publicly performing and/or showing any Website material;
using this Website in any way that is or may be damaging to this Website;
using this Website in any way that impacts user access to this Website;
using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Shaka Designs may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Limitation of liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Privacy: casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Links to this website

You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website

We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Affiliate Links

Links in my blog and throughout my website might be affiliate links to other products, websites, etc. I am also an Amazon Associate, as an Amazon Associate I earn from qualifying purchases.

Indemnification

You hereby indemnify to the fullest extent Shaka Designs from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Assignment

Shaka Designs is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Shaka Designs and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of the State of Colorado, United States, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the United States for the resolution of any disputes.