terms and conditions

Effective Date: April 2025

This website is owned and operated by Āhua Creative Lab (“we”, “our”, “us”), and these Terms of Use apply to your engagement with our Site and related content, including our social media channels. By visiting or using our website, purchasing, or interacting with our content, you agree to these Terms and our Privacy Policy.

AGREEMENT TO TERMS

By using the Site or engaging with our services, you confirm that you have read, understood, and agree to these Terms.

AGE REQUIREMENT

You confirm that you are at least 18 years old and legally able to enter into a binding contract, and that you will comply with these Terms while using our services.

UPDATES TO THESE TERMS

We may update these Terms at any time without notice. Changes take effect when posted, and it is your responsibility to review them regularly. Continued use of the Site after updates constitutes acceptance of the revised Terms.

INTELLECTUAL PROPERTY

All content on this Site, including but not limited to text, images, videos, audio, designs, and software, is owned or licensed by Āhua Creative Lab. You do not acquire any ownership or rights to this content by accessing or using the Site. All rights are reserved.

PERSONAL USE ONLY – NO COMMERCIAL EXPLOITATION

You may not use any part of this Site, its products, services, or content, including intellectual property and third-party materials, for commercial purposes without our written permission. This includes copying, altering, sharing, or creating derivative works. Violation of these Terms may result in immediate revocation of access to the Site and its content without refund.

DIGITAL PRODUCTS & LICENSE

Āhua Creative Lab offers both free and paid digital products through this Site. By downloading or purchasing any digital product, you agree to the following terms:

PAID DIGITAL PRODUCTS

When you purchase a digital product, you are granted full commercial rights to use, reproduce, and modify the item for your business, creative projects, or client work.

You may:

Use the product for both personal and commercial purposes without attribution;
Incorporate it into marketing, websites, client deliverables, or other final outputs.

You may not:

Resell, redistribute, or sublicense the product in its original or modified form;
Share the files in any online repository, template library, or marketplace;
Claim authorship of the original work.

FREE DIGITAL PRODUCTS

Free downloads are offered for inspiration, education, or internal use. Unless otherwise stated, free resources are provided under a limited-use license for personal or non-commercial use only.

You may:

Use the product for personal projects or learning;
Share inspiration or screenshots with attribution.

You may not:

Use free products for commercial purposes without prior written permission;
Modify and resell or redistribute the files;
Present the work as your own or remove any embedded branding.

If you’re unsure whether your intended use falls within these permissions, feel free to reach out before proceeding.

DIGITAL PRODUCTS

Upon purchasing a downloadable product, you’ll receive a confirmation email with a download link or access instructions. Some resources may be available for free, but you are fully responsible for downloading and using them. By doing so, you agree to indemnify Āhua Creative Lab for any issues that may arise. Ensure your device is compatible with our digital files, as we cannot offer refunds for technical incompatibility.

REFUND POLICY FOR DIGITAL PRODUCTS

Due to the nature of digital products, all sales are final. No refunds, returns, or exchanges are offered after purchase. If you encounter a broken link, we’ll provide a working link at no extra cost.

PRICES + PAYMENT

All prices are listed in NZD and include applicable New Zealand GST. Prices may change at any time, but the price at the time of order confirmation is final. We reserve the right to modify or discontinue products/services without notice, and are not liable for changes. Promotions or discount codes can only be used one per order and are subject to terms.

We accept credit card payments and may offer additional methods. By purchasing, you authorize us to charge your payment method for the full amount and agree to keep your details up to date. Failure to pay may result in access revocation.

ELECTRONIC AGREEMENTS + SIGNATURES

By interacting with this Site (including proposals and audits), you agree that any electronic consent or agreement—such as clicking "I agree"—is as binding as a handwritten signature, including consent to receive electronic communications from us.

INFORMATION + ADVICE

The content on this Site is for general informational purposes only and is not a substitute for professional advice tailored to your specific circumstances. We recommend consulting a qualified expert before making decisions based on this information. We reserve the right to decline services or offer refunds if we believe a product or service is unsuitable or potentially harmful.

We strive to represent products accurately, but slight discrepancies in color or visuals due to device settings are not grounds for refund.

Mentions of third-party services or products do not imply endorsement, unless explicitly stated.

FEEDBACK + USER-GENERATED CONTENT

We value your feedback! By submitting content to us (via our Site or social platforms), you agree:

You are the original creator or have the right to share it.
You grant us the right to use and share the content for promotional purposes.
You waive any moral rights in the content.
Your content complies with our Terms of Use.
You are at least 18 years old.

REVIEWS + COMMUNITY GUIDELINES

We value your feedback and appreciate your insights. However, we reserve the right to remove any reviews or comments that:

Are defamatory, unlawful, abusive, or obscene;
Attack our team or other contributors;
Contain personal or private information; or
Are unrelated to the content they reference.

Our Site and social media may feature reviews or blogs from customers and guest contributors. These views are their own and do not necessarily represent the perspectives of Āhua Creative Lab or its affiliates. We are not responsible for content submitted by others.

COMPETITIONS

By entering our competitions or giveaways, you agree to these Terms and any specific rules for each promotion.

TESTIMONIALS + CLIENT STORIES

We may share testimonials or case studies to showcase our work, but these reflect personal experiences and do not guarantee outcomes for future clients. Each journey is unique.

PROHIBITED USE

You agree not to use the Site or its content for:

Unlawful activities or soliciting unlawful acts;
Violating laws or regulations;
Tampering with or interfering with the Site or its content;
Gaining unauthorized access to systems or introducing harmful code;
Harassing or harming other users;
Infringing on intellectual property rights;
Sending unsolicited promotional materials or spam;
Attempting to impair the performance or security of the Site.

WARRANTIES AND DISCLAIMERS

The Site, services, and products are provided "as is" and "as available." We make no representations or warranties, express or implied, regarding:

The suitability, reliability, or accuracy of the Site or its services/products;
Uninterrupted, secure access or freedom from harmful components (including viruses);
Correction of defects or confidentiality of information.

Your use of the Site is at your own risk.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Āhua Creative Lab, its affiliates, and partners are not liable for any loss, damage, or expense arising from:

Your use or inability to use the Site, products, or services;
Interruptions, errors, or delays in operation;
Inaccuracies or omissions in content;
Harmful components or data loss;
Unauthorized access to secure servers.

Where liability cannot be excluded, it is limited under New Zealand Consumer Law.

INDEMNITY

You agree to indemnify and hold Āhua Creative Lab and its affiliates harmless from any claims or losses arising from:

Your use of the Site in violation of these Terms;
Any breach of these Terms or your representations;
Breach of laws or third-party rights.

FONT AND IMAGE LICENSES
Any font or image licenses required for the final design are the responsibility of the client. It is understood that the client will cover any costs associated with purchasing licenses for fonts, images, or other third-party resources used in the project. If needed, we can assist in sourcing these resources, but the client will remain responsible for all licensing fees.

OWNERSHIP - UNUSED CONCEPTS AND SKETCHES
All unused sketches, concepts, and design drafts remain the property of Āhua Creative Lab. The client acknowledges that any concepts or sketches not selected for final development are not transferable and will not be used by the client without prior written consent. These materials are protected by copyright and remain the intellectual property of Āhua Creative Lab.

OWNERSHIP - FINAL DELIVERABLE
Upon full payment of the agreed project fees, the client will own the final approved deliverable. The client is granted full rights to use, reproduce, and modify the final design for their business purposes. Āhua Creative Lab retains the right to showcase the final design in our portfolio and promotional materials unless otherwise agreed in writing.

EXTERNAL LINKS

Our Site may contain links to third-party websites. Unless stated otherwise, we do not endorse or take responsibility for the content or views expressed on those sites. Exercise caution and research them as needed.

PRIVACY

By using this Site, you agree to our Privacy Policy, which explains how your personal information is collected, used, and protected. You confirm that any data you provide is accurate and up-to-date.

ADDITIONAL TERMS

If you enter into further agreements with us (e.g., purchasing products/services), additional terms may apply. These, along with these Terms, form the complete agreement between us.

BREACH & TERMINATION

We may terminate the agreement created by your use of the Site at any time, without notice, if you breach these Terms or at our sole discretion. Upon termination, your access to the Site will immediately cease, but all disclaimers, liability limitations, and indemnities will survive.

SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, it will be interpreted to reflect the original intent, and the remaining provisions will remain in effect.

DISCONTINUATION OF SITE

We may suspend, restrict, or cease operation of the Site at any time, with or without notice, and may restrict access at our sole discretion. We are not liable for any loss or inconvenience caused.

ASSIGNMENT

We may assign, transfer, or subcontract our rights and obligations under these Terms without notice or consent. You may not assign or transfer any of your rights or obligations without our written consent.

ENTIRE AGREEMENT

These Terms, along with our Privacy Policy, Additional Terms, and disclaimers, form the complete agreement between you and us and supersede all prior communications or agreements.

GOVERNING LAW AND JURISDICTION

These Terms are governed by the laws of New Zealand. Any dispute should first be resolved directly with us. If unresolved, you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.