Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to BrandHumour. The terms “we”, “us” and “our” refer to BrandHumour. BrandHumour operates this website and online store, including the information, content, features, tools, digital products and services made available through it (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with the policies and licences referred to within them, set out the terms on which you may access our website, use our Services and purchase products from BrandHumour.
Please read these Terms of Service carefully before accessing or using our website or purchasing any product.
By accessing or using our Services, you agree to these Terms of Service and our applicable policies. If you do not agree to these Terms, you should not use the Services.
Nothing in these Terms affects any statutory rights that you may have under applicable consumer law.
SECTION 1 – ACCESS AND ACCOUNT INFORMATION
You may be required to provide information including your name, email address, billing information and payment details when purchasing from BrandHumour.
You agree that information supplied by you is accurate, current and complete and that you are authorised to provide and use that information.
If you create or use an account, you are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account.
You must use our website and Services only for lawful purposes.
SECTION 2 – OUR DIGITAL PRODUCTS
BrandHumour currently sells digital products supplied electronically. No physical product is shipped unless a product is expressly described otherwise.
We make reasonable efforts to describe and display our products accurately. Colours and appearance may vary slightly depending on your device, monitor, software and display settings.
Product descriptions, contents, availability and pricing may be updated from time to time. We reserve the right to modify or discontinue products, subject always to any rights relating to purchases already made.
The purchase of a BrandHumour digital product does not transfer ownership or copyright in the artwork or other content to the purchaser. Instead, the purchaser receives permission to use the content in accordance with the applicable BrandHumour Business Use Licence supplied with the product.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase the selected product or products.
Orders are subject to successful payment processing and acceptance by BrandHumour.
Please check your order carefully before completing your purchase, particularly the product title, sector and volume selected.
If we are unable to accept or fulfil an order, we may cancel it and, where payment has already been taken, provide an appropriate refund.
Purchases are also subject to our Return and Refund Policy and, where applicable, the BrandHumour Business Use Licence supplied with the purchased product.
SECTION 4 – PRICES AND PAYMENT
Prices and promotions may change from time to time. The price applicable to your purchase will normally be the price displayed when your order is placed.
Any applicable taxes will be handled in accordance with the tax rules applying to the transaction.
You agree to provide accurate and complete payment and billing information and confirm that you are authorised to use the payment method supplied.
Payments may be processed by Shopify and/or third-party payment providers. Their own terms and privacy practices may also apply to their processing of your transaction.
SECTION 5 – DIGITAL DELIVERY
BrandHumour products are currently supplied by electronic download.
After successful completion of your purchase, your digital product will be made available electronically in accordance with our Digital Delivery Policy.
You are responsible for ensuring that the email address and other information supplied during checkout are correct.
If you experience difficulty accessing or downloading your purchase, please contact us at info@brandhumour.com and we will be happy to assist.
SECTION 6 – BUSINESS USE LICENCE
Unless expressly stated otherwise, BrandHumour digital cartoon products are supplied subject to the BrandHumour Business Use Licence included with the purchased product.
The licence explains how purchased content may and may not be used.
Subject to that licence, customers may use purchased BrandHumour content for permitted business purposes including their own business marketing and communications.
Purchasing a product does not give the purchaser ownership of the copyright or intellectual property in the underlying BrandHumour content.
BrandHumour content must not be resold, redistributed, shared, sublicensed or made available to others except where expressly permitted by the applicable licence.
Where there is a specific provision relating to permitted use of purchased artwork in the BrandHumour Business Use Licence, that licence will govern the permitted use of that artwork.
SECTION 7 – INTELLECTUAL PROPERTY
The BrandHumour website and its contents, including artwork, cartoons, illustrations, text, graphics, logos, branding, designs, product previews, audio, video and other materials, are owned by or licensed to BrandHumour and are protected by applicable intellectual property laws.
Nothing in these Terms transfers ownership of BrandHumour intellectual property to you.
You must not copy, reproduce, scrape, extract, redistribute, sell, license or commercially exploit content from the BrandHumour website except as expressly permitted by us or by a licence supplied with a purchased product.
For the avoidance of doubt, restrictions applying generally to website content do not prevent a legitimate purchaser from downloading and using purchased BrandHumour artwork in accordance with the applicable BrandHumour Business Use Licence.
All rights not expressly granted are reserved.
SECTION 8 – THIRD-PARTY TOOLS AND LINKS
Our Services may provide access to third-party services, tools, payment providers or websites.
We do not control third-party websites or services and are not responsible for their content, availability or practices.
Your use of third-party services may be subject to separate terms and privacy policies, which you should review where appropriate.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
BrandHumour is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with BrandHumour.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and BrandHumour, including any injury, damage or loss resulting from purchased products and services.
To the extent permitted by applicable law, you release Shopify and its affiliates from claims, damages and liabilities arising from or related to purchases and transactions with BrandHumour.
SECTION 10 – PRIVACY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify also processes certain personal information in connection with providing its services.
Other service providers, including payment processors, may process information where necessary to provide their services.
Please review our Privacy Policy for further information.
SECTION 11 – FEEDBACK AND REVIEWS
If you voluntarily provide BrandHumour with feedback, suggestions or reviews, you grant us permission to use that material for reasonable business and promotional purposes, subject to applicable law and our Privacy Policy.
You confirm that any feedback or review you submit is truthful to the best of your knowledge and does not infringe another person's rights or contain unlawful or malicious material.
We reserve the right to remove content submitted to our Services where we reasonably consider it unlawful, abusive, misleading, infringing or otherwise inappropriate.
SECTION 12 – ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions or availability.
We reserve the right to correct errors and update information.
If an error materially affects an order you have already placed, we will take reasonable steps to contact you and deal with the order appropriately, including providing any remedy required by applicable law.
SECTION 13 – PROHIBITED USES
You must not use the BrandHumour website, Services or content for unlawful or malicious purposes.
You must not attempt to interfere with the operation or security of our website; introduce viruses or malicious code; obtain unauthorised access to systems or information; collect personal information unlawfully; impersonate another person; or use the Services in a manner that infringes the rights of BrandHumour or any third party.
You must not use automated scraping, extraction or similar technologies to reproduce, harvest or commercially exploit BrandHumour content without our prior permission.
Nothing in this section limits legitimate use of purchased BrandHumour content in accordance with the applicable Business Use Licence.
SECTION 14 – SUSPENSION AND TERMINATION
We reserve the right to restrict, suspend or terminate access to our Services where we reasonably believe that these Terms, an applicable BrandHumour licence or the law has been breached.
Termination or suspension does not affect rights or obligations that arose before termination or provisions which by their nature should continue afterwards, including intellectual property and licensing provisions.
SECTION 15 – AVAILABILITY OF THE SERVICES
We aim to keep the BrandHumour website and digital delivery services available and functioning correctly, but we cannot guarantee uninterrupted or error-free availability.
Temporary interruptions may occur because of maintenance, technical problems, third-party services or circumstances outside our reasonable control.
If a technical problem prevents you from accessing a digital product you have legitimately purchased, please contact us at info@brandhumour.com so that we can investigate and assist.
SECTION 16 – LIABILITY AND STATUTORY RIGHTS
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability that cannot legally be excluded or limited.
Nothing in these Terms affects your statutory rights as a consumer where those rights apply.
To the fullest extent permitted by applicable law, BrandHumour will not be responsible for losses that were not reasonably foreseeable when the contract was formed or for business losses for which liability may lawfully be excluded or limited.
You are responsible for ensuring that your use of purchased BrandHumour content complies with the Business Use Licence and with laws or regulations applicable to your own business, advertising, marketing or communications.
SECTION 17 – INDEMNITY
Where you use the Services in the course of a business, you agree, to the extent permitted by law, to be responsible for losses, claims or reasonable costs incurred by BrandHumour as a direct result of your unlawful use of the Services, your material breach of these Terms or your infringement of another person's rights.
Nothing in this section limits any rights that cannot lawfully be limited.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary, without affecting the validity and enforceability of the remaining provisions.
SECTION 19 – WAIVER
If we do not immediately exercise or enforce a right under these Terms, that does not mean that we have waived that right.
Any waiver of a right on one occasion does not constitute a waiver of that right on another occasion.
SECTION 20 – ENTIRE AGREEMENT
These Terms, together with the policies and licences expressly incorporated or referred to within them, constitute the agreement governing your use of the BrandHumour Services and purchases from our store, subject to any rights that cannot legally be excluded.
For purchased BrandHumour artwork, the applicable BrandHumour Business Use Licence forms part of the terms governing how that artwork may be used.
SECTION 21 – ASSIGNMENT
You may not transfer your rights or obligations under these Terms where doing so would transfer or sublicense BrandHumour intellectual property or licensed content contrary to the applicable BrandHumour Business Use Licence.
We may transfer our rights and obligations where permitted by law, provided this does not reduce any statutory rights you may have.
SECTION 22 – GOVERNING LAW
These Terms of Service and any contract between you and BrandHumour are governed by the laws of Scotland, subject to any mandatory consumer protections that apply in the country in which you reside.
If you are a consumer, nothing in these Terms deprives you of any mandatory rights or protections available to you under applicable law.
Any dispute will be dealt with by the courts having jurisdiction under applicable law.
SECTION 23 – CHANGES TO THESE TERMS
We may update these Terms of Service from time to time to reflect changes to our Services, products, business practices or legal requirements.
The current version will be published on our website.
Changes will not retrospectively remove statutory or contractual rights relating to purchases already completed.
SECTION 24 – DIGITAL PRODUCTS, CANCELLATION AND REFUNDS
Digital purchases are subject to our Return and Refund Policy.
Where a statutory cancellation right applies, digital content will only be supplied in circumstances consistent with applicable consumer law.
Where you expressly request or consent to immediate supply of digital content and acknowledge that this results in the loss of an applicable statutory cancellation right once supply begins, your cancellation rights will be affected accordingly.
Nothing in these Terms limits your statutory rights where digital content is faulty, not as described or otherwise does not conform to the contract.
SECTION 25 – CONTACT INFORMATION
Questions about these Terms of Service or a BrandHumour purchase can be sent to:
Additional business contact information is provided on our website where required.