Website Terms and Conditions of Use

 

Last Updated: 12/03/2025

Welcome to JessaK Designs (“we,” “our,” or “us”). By accessing and using our website, https://jessakdesigns.com.au (the “Website”), you agree to be bound by these Terms and Conditions of Use (“Terms”). If you do not agree with any part of these Terms, you must immediately discontinue use of the Website and any related services.


1. About the Website

The Website provides users with the ability to browse and purchase digital downloadable products (“Products”). These digital products are delivered electronically, and no physical goods will be shipped. By purchasing from our Website, you acknowledge and agree to these Terms.

The Website is operated by JessaK Designs (Jessica Kristin Bramwell)(ABN 60 337 463 510). Access to and use of the Website, or any of its associated Products or Services, is provided by JessaK Designs (Jessica Kristin Bramwell). Please read these terms and conditions (Terms) carefully.


2. User Acceptance of Terms

You accept these Terms by using the Website, purchasing Products, or clicking “accept” where applicable. If you do not agree, you must stop using the Website immediately.

We reserve the right to modify or update these Terms at any time, and continued use of the Website constitutes acceptance of the revised Terms.

By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

JessaK Designs (Jessica Kristin Bramwell) reserves the right to review and change any of the Terms by updating this page at its sole discretion. When JessaK Designs (Jessica Kristin Bramwell) updates the Terms, it will use reasonable endeavours 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.


3. Account Registration

To access certain features, you may be required to register an account. By registering:

  • You agree to provide accurate and up-to-date information.
  • You are responsible for maintaining the confidentiality of your login details.
  • You must notify us immediately of any unauthorized access to your account.
  • You must not share or transfer your account access to others.

We reserve the right to suspend or terminate accounts that violate these Terms.


4. Purchases & Payments

4.1 Payment Processing

Payments are processed through third-party payment gateways, including Stripe, PayPal, Google Pay, and Afterpay. By making a purchase, you acknowledge that:

  • All transactions are securely processed through these providers.
  • We are not responsible for any payment processing errors or security breaches within these third-party systems.

4.2 No Refunds

Due to the digital nature of our Products, all sales are final, and no refunds will be issued. If you experience any issues with your digital download, please contact us at jessa.art@outlook.com for assistance.


5. Digital Product License & Usage

By purchasing our clip art, you are agreeing to our Terms of Use and are granted a single non-transferable license. All rights and intellectual property rights are retained—this is not a transfer of copyright and is non-exclusive.

5.1 Permitted Uses

You may:

  • Use our artwork for personal, non-profit projects without a commercial license.
  • Use our clip art for small business commercial use (up to 250 sales) under the included standard license.
  • Incorporate the clip art into physical or digital products as long as they are significantly modified or combined with other design elements.

5.2 Prohibited Uses

You may NOT:

  • Redistribute any of our clip art as a competing clip art product or claim the clip art as your own, in any shape or form.
  • Modify, vectorize, repackage, or redraw our clip art as a digital clip art product.
  • Sell or share our clip art as standalone assets.
  • Allow your customers to use our clip art for resale without purchasing their own business license from our store.

5.3 Extended Commercial License

By default, your purchase includes a small business commercial license for up to 250 sales. If you require more, please visit the link below to purchase an extended commercial license.

[Extended Commercial License]

Failure to comply with these terms may result in legal action.


6. Intellectual Property Rights

All Products, including artwork, designs, graphics, and other content available on the Website, are owned by or licensed to JessaK Designs. Unauthorized reproduction, modification, or distribution is strictly prohibited.


7. Limitation of Liability

  • All Products are provided “as-is”, with no warranties of any kind.
  • We are not liable for any damages resulting from the use or inability to use our digital products.
  • We make no guarantees about compatibility with third-party software or devices.
  • Under no circumstances shall we be responsible for indirect, incidental, or consequential damages.
  •  

8. Privacy Policy

Your personal information is collected and used in accordance with our Privacy Policy, available at privacy policy. By using our Website, you consent to the collection and handling of your data as outlined in the policy.


9. Dispute Resolution

Any disputes arising under these Terms shall first be attempted to be resolved through good faith negotiations. If unresolved, disputes will be settled through mediation or arbitration before any legal proceedings.

All disputes will be governed under the laws of Queensland, Australia.


10. Termination of Use

We reserve the right to suspend or terminate your access to the Website and Purchase Services at our sole discretion if:

  • You breach these Terms.
  • You engage in fraudulent or illegal activity.
  • You misuse the digital products or Website.

11. Governing Law

These Terms are governed by the laws of Queensland, Australia. Any disputes arising shall be resolved within the jurisdiction of Queensland courts.


12. Contact Information

For any questions regarding these Terms, please contact us at:

📧 Email: jessa.art@outlook.com
🌐 Website: https://jessakdesigns.com.au

By using our Website and purchasing our digital products, you acknowledge that you have read and agreed to these Terms and Conditions.

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