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HYOV Terms

HYOV Overview

HYOV is a digital marketplace for marketing creatives. By creating an account, you can purchase the licenses to use a wide range of creatives. You’ll also be able to review all of your transactions (including free downloads!) quickly and easily.

The creatives featured on HYOV are designed in-house by the HYOV team and you’re dealing directly with us when you make a purchase.

How Membership Works

1. You need to be 18 years or over to become a member. If you’re under 18 you will need to get a parent or guardian to buy items or 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.

2. Membership is free. Your membership will allow you to ‘buy’ (license) items from HYOV.

3. You promise that information you give us is accurate, up-to-date and complete (including a current email address). Your membership is not transferable, and you are responsible for any activity that occurs in conjunction with your username and password. If you realise there’s any unauthorized use of your password or any breach of security please let us know immediately.

4. Membership is dependent on following our terms and policies. We may, using reasonable discretion, decide whether or not your use of HYOV complies with these terms and our policies. We can suspend or terminate your HYOV account at any time for any reason (acting reasonably of course), including if you:

  • breach these terms;
  • act in a way that could cause HYOV or other members harm.
  • if we reasonably believe there is a risk associated with you, your HYOV account, or your payment, including if it breaches a law or regulation.

How Purchases Work

5. When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license to use an item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on HYOV. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be a HYOV member).

6. Our list price is your price as the end user. There are no hidden fees.

7. You are responsible for all costs of currency conversion relating to a transaction on HYOV. Your financial institution does the currency conversion and may charge you additional fees.

8. When you buy a HYOV item the following terms apply:

  • you warrant to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
  • you cannot cancel a completed purchase of an item;
  • we cannot guarantee that any particular item will continue to be available on HYOV so you should download and save the item as soon as you buy it;
  • once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
  • HYOV retains ownership of the item;
  • your relevant details may be provided to HYOV in order to facilitate the transaction, for example for invoicing and item support services;
  • we have the right to enforce against you the terms of the license that you have acquired.

9. Warranties we make:

  • the item is of acceptable quality and fit for the purpose for which it is ‘sold’;
  • the item matches the description given on the item preview page, as well as any item preview;
  • we will honour any express warranties given to you that are not contained in these terms;
  • we have the rights necessary to license our item;
  • your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of any third party;
  • the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
  • the item and its description do not violate any applicable law or regulation
  • we will process your data in accordance with applicable privacy law and data protection regulations.

10. Prices, fees and charges are inclusive of applicable taxes unless stated otherwise on our site. You are responsible for paying all such taxes and imposts associated with your use of HYOV 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).

11. Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be credited or refunded and you must not use the item unless you re-purchase it at the correct price.

How Refunds Work

12. We will assess refund requests on their merits. There is generally no obligation to provide a refund or credit in situations like the following:

  • you have changed your mind about an item;
  • you bought an item by mistake;
  • you do not have sufficient expertise to use the item;
  • you ask for goodwill; or
  • you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

13. If we decide to issue a refund this will generally be done using the same manner, and in the same currency, used to make the purchase.

Intellectual Property

14. We own all the content that we have put on hyov.com (unless otherwise stated and excluding content owned by others). This includes the design, compilation, and look and feel of hyov.com and copyright, trademarks, designs and other intellectual property on hyov.com. You will not copy, distribute, modify or make derivative works of any of our HYOV Content or use any of our intellectual property in any way not expressly stated in these terms.

15. We strive to have HYOV available to you 24 hours a day, seven days a week but occasionally you might not be able to access HYOV, 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 HYOV works. HYOV will not be liable to you for any loss you suffer as a result of these things.

16. If you’re agreeing to these terms on behalf of someone else (like your employer), then you’re promising to us that you have full legal authority to bind that third party.

17. Except for non-excludable consumer guarantees, we are bound only by the express warranties made in these terms. Our liability for breach of a non-excludable consumer guarantee is limited to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

18. 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.

19. Any notice you send us must be submitted via our contact form. Any notice we send to you will be emailed to your HYOV account email address.

20. We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members 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. You can close your Account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to use the HYOV site after the changes are made, then you will be agreeing to the changes.

21.  We control and operate HYOV from our offices in Markham, Ontario, Canada. The laws of Ontario, Canada, 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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