How browsing and membership works

4. Browsing: You need to be 13 years or over to browse SygmaSolutions Elements. We don’t knowingly collect any information from anyone aged 13 or under. When browsing our SygmaSolutions Elements site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our SygmaSolutions Elements site whether or not you’re a member.

Becoming a Subscriber

5. Individual subscription: When you become a Subscriber you get to access our library of Items that must be used in accordance with the SygmaSolutions Elements License. Only real people, using their real details, can subscribe to SygmaSolutions Elements – shared or group subscriptions may be possible in the future, but are not available as at the date of these terms.
6. Age: You need to be 18 years or over to become a Subscriber. If you’re under 18 you will need to 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.
7. Your responsibility: You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your subscription is not transferrable. You are responsible for any use of SygmaSolutions Elements that occurs in conjunction with your username and password 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.

How downloading and registering Items works

8. What do you get when you download and register an Item?
   1. License: When you download an Item as a Subscriber, you will be asked to register that Item. Upon registration, you will be granted a license from us to use that Item for the purpose you nominate during the registration process.
   2. No ownership: By downloading or registering an Item you’re not actually acquiring ownership of the Item itself, only the license to use that Item. Items are subject to specific terms of use, and these terms are set out in the SygmaSolutions Elements License.
   3. Effect of ceasing subscription: As SygmaSolutions Elements is a subscription service, certain rights granted under an Item license are only applicable for as long as your SygmaSolutions Elements subscription is active.
   4. Services: As a Subscriber you also receive services from us like account support, fraud protection, library quality control and other related services.
   5. Support: We do our best to make sure that Items are high quality. However, due to the unlimited downloads on SygmaSolutions Elements, the Items do not include the level of after-sale support that you would find for similar items purchased separately on SygmaSolutions Market. Please visit SygmaSolutions Market if your project requires a particular level of support.
   6. Download: Please be advised that some products would require a maximum of 24 hours before you may be able to download depending on the size of the file.

Third party products and services:

9. As a Subscriber you may also have access to, or be eligible for special offers in relation to, products and services provided by our partnered suppliers (Third Party Offers). Information about Third Party Offers will be published on our website.
10. You have no obligation to redeem any Third Party Offer. However, if you choose to do so, then you will be buying the relevant product and/or service from the supplier and not from us.
11. The redemption of a Third Party Offer is subject to terms and conditions set by our partners. You should read and make sure that you agree to the applicable terms and conditions before redeeming any Third Party Offer.
12. The description of products and services forming part of a Third Party Offer published on our site, and any associated links, have been provided to us by the suppliers. While we have made reasonable efforts to check the accuracy of the descriptions, the suppliers are solely responsible for any representations contained in those descriptions. Further, we do not endorse or assume any responsibility for those products and services.
13. The suppliers might make, or be required by relevant laws to make, other promises to you as a consumer. Check their terms and conditions to see what they say.

Transacting as a Subscriber:

14. You can pay for your subscription via PayPal or credit card. You may be required to pay a handling fee depending on the method of payment you choose.
15. By signing on as a Subscriber you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you.
16. In the event that you select an ongoing, regular payment method (for example a monthly credit card or PayPal payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under these terms and the SygmaSolutions Elements License will also be suspended.
17. Currency conversion costs: You are responsible for all costs of currency conversion relating to your SygmaSolutions Elements subscription. 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).
18. Terms of subscribing: When you subscribe to SygmaSolutions Elements, you do so on the following terms:
    1. you promise to us that you understand what you can and can’t do with your downloaded Items in accordance with the SygmaSolutions Elements License;
    2. we and the authors do not promise that any particular Item will continue to be available on SygmaSolutions Elements;
    3. once you register an Item, you acquire a non- exclusive license to use the Item under the terms set out in the SygmaSolutions Elements License (non-exclusive means others might also license the same Item); and
    4. you do not gain any ownership rights in a downloaded Item.
19. Taxes:
    1. The final prices and fees are inclusive of transactional taxes where relevant (like VAT and GST). Our promotional materials will state whether or not the price is inclusive or exclusive of transactional taxes.
    2. You are responsible for paying all other fees and taxes associated with your use of SygmaSolutions Elements wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes).

Refunds and cancelations

20. Given the nature of digital content, we do not generally offer a refund or credit on a purchased subscription unless we have made changes to these terms that materially affect you to your detriment (see section 46 below) or as required under Australian consumer law or other relevant consumer protection laws. If you would like to request a refund or credit you should open a help request. If you cancel a subscription due to us making a change to our terms that materially affects you to your detriment then you will receive a refund for any whole unused months remaining in your subscription period.
21. We will assess refund or credit requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:
    1. you have changed your mind about your subscription;
    2. you subscribed by mistake;
    3. you do not have sufficient expertise to use the Items made available;
    4. you ask for goodwill; or
    5. you can no longer access any of your desired Items because they have been removed from SygmaSolutions Elements (we advise you to download Items as soon as you license them to avoid this situation).
22. If we decide to issue a refund or credit, this will generally be done using the same manner used to make the purchase. Any payment made to you (not SygmaSolutions credits) will be made in US Dollars, under the rules of the payment method (see section 17 – Currency conversion costs about currency conversion back to your local currency).
23. Disputes lodged with payment agents: If, as a Subscriber, you lodge a dispute with a payment agent, this will result in a freezing of your SygmaSolutions Elements subscription and your SygmaSolutions account until the dispute raised with the payment agent has been closed. This makes it very complex to resolve any related issues so we encourage you to contact us directly first to see if we can help resolve any concerns.
24. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere. Any credit we apply to your subscription is not a deposit 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.

Intellectual Property

25. What we own: We own all the SygmaSolutions Content that we have put on SygmaSolutions Elements (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of the SygmaSolutions Elements site, and copyright, trademarks, designs and other intellectual property on SygmaSolutions Elements. We own all the trademarks, logos, service marks and trade names on SygmaSolutions Elements (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our SygmaSolutions Content or use any of our intellectual property in any way not expressly stated in these terms.
26. What we don’t own: We do not own the Items on SygmaSolutions Elements; the Item authors do. However, we have the right to sublicense the Items to you on the terms of the SygmaSolutions Elements License.
27. Copyright, trademark and intellectual property claims: We respect the intellectual property rights of others. If you believe that an Item or any content on Elements infringes any intellectual property right (including copyright) please see the information in our Intellectual Property Policy.

Our use of your information

28. Privacy: We respect your privacy. When you become a Subscriber you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the SygmaSolutions Elements site and subscription services, including marketing activities by SygmaSolutions Companies.
29. Confidential Information: We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of SygmaSolutions Elements will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using SygmaSolutions Elements, you may also become aware of confidential information about us, or someone else. You promise to not disclose any confidential information made available to you through SygmaSolutions Elements to any other person.

Playing fair

30. Prohibited Conduct: Your use of SygmaSolutions Elements including the content and the Items must comply with our policies from time to time (as published on the SygmaSolutions Elements site) including the Acceptable Use Policy and the Fair Use Policy.

Linking; apps made by others

31. Linking to SygmaSolutions Elements: We reserve the right to insist that any link to SygmaSolutions Elements be discontinued, and to revoke your ability to link to SygmaSolutions Elements.
32. Links from SygmaSolutions Elements: The SygmaSolutions Elements site and Item downloads may contain links to other non-SygmaSolutions sites. We have no control or responsibility over anything on those sites, and do not endorse or sponsor those sites, even if they are affiliated to us.

Legal Housekeeping

33. Eligibility, suspension or termination: Being a Subscriber is not an automatic right, it is a benefit for those who follow our reasonable rules. We hope that you will be with us for a long time. But we may, using reasonable discretion, decide whether or not your use of SygmaSolutions Elements complies with these terms. We can suspend or terminate your subscription account at any time for any reason (acting reasonably of course) including:
    1. if you breach these terms;
    2. if you act in a way that does not align with the values of our community; or
    3. if you act in a way that could cause us or others harm.
34. SygmaSolutions Companies: If an indemnity, limitation or disclaimer of liability, promise or release (a ‘benefit’) is given in our favour in these terms or the Elements License we hold that benefit on trust for the other SygmaSolutions Companies. We may enforce that benefit as trustee for and on behalf of the other SygmaSolutions Companies as beneficiaries under that trust.
35. We may use the services of another SygmaSolutions Company to collect payment or carry out other activities with you to bring you SygmaSolutions Elements.

Liability and indemnity – between us and Subscribers

36. You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to use of SygmaSolutions Elements, any Item or the products or services forming part of any Third Party Offer.
37. SygmaSolutions Elements, the Items and all Third Party Offers are made available to you on an “AS IS” basis. Subject to clause 41, we disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
38. Our liability to you in connection with SygmaSolutions Elements or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
    1. we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense; and
    2. our total aggregate liability to you is otherwise limited to the total amounts paid by you to us for your SygmaSolutions Elements subscription in the 6 months immediately preceding the date on which the claim giving rise to the liability arose.
39. Availability: We strive to have SygmaSolutions Elements available to you 24 hours a day, seven days a week but you know how the internet works: occasionally you might not be able to access SygmaSolutions Elements, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how SygmaSolutions Elements works, including the kinds of Items available on SygmaSolutions Elements. The SygmaSolutions Companies will not be liable to you for any loss you suffer as a result of these things.
40. Third party: If you’re agreeing to these terms on behalf of someone else then you’re promising to us that you have full legal authority to bind that third party. Remember that only real people can subscribe to SygmaSolutions Elements.
41. Consumer laws: In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited, at our option, to replacing or paying the cost of replacing the relevant Item or service, (unless the non-excludable consumer guarantee says otherwise). You must not use an Item in violation of any export laws that apply to you.
42. Blocking you, disabling your subscription or refusing to process a payment: We may block you, terminate your subscription or refuse to process a payment if we reasonably believe there is a risk associated with you, your subscription, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where the payment is from or to a person or country sanctioned by an authority (like the United Nations, the United States government or the Australian government); or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. You promise that you are not located in a sanctioned country and are not on a sanctioned persons list. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments. We may take any of the actions stated in this section without notice and against all of your SygmaSolutions accounts you use on other SygmaSolutions sites. As our sites are global, there are different laws that may apply and these may restrict our relationship with you.
43. US-specific controls: SygmaSolutions Elements is not available to anyone located in any U.S. sanctioned countries or to anyone on the U.S Treasury Department’s list of Specially Designated Nationals List (SDN list). You must not export or re-export SygmaSolutions Elements Items to a U.S. sanctioned country or to anyone on the SDN list.
44. Relationship between the parties: Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other member. Neither you nor us can bind each other in any way.
45. Notices: Any notice you send us must be submitted via a help request. Any notice we send to you will be emailed to the email address you provided to us.
46. Changes to these terms: We may change these terms (including the SygmaSolutions Elements License) at any time and, if we make changes, we will take reasonable steps to let our Subscribers know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. If a change we make has a material effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your SygmaSolutions Elements subscription in accordance with section 20 above. However, if you continue to use SygmaSolutions Elements after the changes are made, then you will be agreeing to the changes regardless of the amount of time which has elapsed.
47. Interpretation: Words like ‘include’ and ‘including’ are not words of limitation and where anything is within our discretion we mean our sole discretion.
48. Applicable Laws: We control and operate SygmaSolutions Elements from our offices in Australia. The laws of Victoria, Australia govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

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