terms and condition

Welcome to Bitboxy Market

1. Hi, we’re Bitboxy and welcome! We’re happy to have you here and we hope you enjoy your stay. When we say ‘we’, ‘us’ or ‘Bitboxy’ it’s because that’s who we are and we own and run the Bitboxy Market sites.

2. Bitboxy’s ecosystem of digital marketplaces helps millions of people around the world get creative and earn online. When you create an account and accept these terms you become a member of our community. You will have an Bitboxy Market account that will allow you to buy and sell items like the ones found on the Bitboxy Market sites and make other related transactions.

3. The Bitboxy Market sites are platforms that allow members to buy and sell licenses to use digital items like website themes, production music, motion graphics project files, software code, vectors, images and much, much more. On Bitboxy Market, buyers and authors (sellers) transact with each other directly and we provide the platform to allow the transactions to happen. If you have an Bitboxy Market account, any transactions are logged on your member’s statement, which records the payments made by you to authors via Bitboxy Market (as a buyer) and by buyers via Bitboxy Market to you (as an author).

4. The items on Bitboxy Market are owned by the authors, not by us. The items on Bitboxy Market are uploaded at the direction of the author. Bitboxy provides the platform services; we do not take ownership of the items.

5. During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you don’t accept the terms then we’ll be sad, but you will need to leave because your presence on and use of the Bitboxy Market sites is conditional on your acceptance to be bound by these terms and the Acceptable Use Policy whether you become a member or not.

Bitboxy Websites

6. Preview Files: If you stream or download a preview file from our Bitboxy Market sites, you agree that you will not remove any watermarking or other protective measures from the preview file. You agree that you will use the preview file solely for the purposes of evaluating a purchase from Bitboxy Market sites and not for any other purpose.

How browsing and membership works

7. Browsing: You need to be 16 years or over to browse the Bitboxy Market sites. We don’t knowingly collect any information from anyone aged under 16 years. When browsing the Bitboxy Market sites you agree to these terms and conditions, together with applicable guidelines, policies and instructions (which are available in our Help Centre), apply to any use of Bitboxy Elements of our Bitboxy Market sites whether or not you’re a member.

Membership

8. Age: You need to be 18 years or over to become a member or to 'buy' (license) items from authors. 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.

9. Bitboxy Account: Membership is free. When you become a member you get an Bitboxy Market account that is accessible from any of our Bitboxy Market sites (and is also your Bitboxy account for other Bitboxy services). Your membership will allow you to ‘buy’ (license) items from authors, participate in our online forums, and generally contribute to our ecosystem of Bitboxy Market sites that help people get creative. Membership also gives you the opportunity to become an author (see section 29 – Becoming an Author) or earn referral income (see section 11 – Referrals).

It is important that you understand your responsibilities as a member of our community so please take the time to review the following section and the Bitboxy Market Terms carefully.

10. Your responsibility: You promise that the information you give us is true, accurate and complete and, if you sign up for an Bitboxy Market account, that you will keep your account information up-to-date (including a current email address). Your membership is not transferable, that means you cannot sell your account. If you have an Bitboxy Market account, you are responsible for any use of the Bitboxy Market sites including any activity 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. You must not use a virtual private network or VPN or any other means to avoid compliance with these terms and conditions, or for any fraudulent or illegal reasons.

11. Referrals: As a part of our Affiliate Program, if you refer a new member to any of our Bitboxy Market sites you may be eligible to receive affiliate income. You can find out more about the Affiliate Program and the terms applying to referrals here.

How buying items works This section will help you understand what you are buying when you purchase an item and how that transaction takes place on Bitboxy Market.

12. What you're buying:

1. License: 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 directly from the author to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on Bitboxy Market. 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 an Bitboxy Market member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.
2. Item support: Authors can choose whether or not to support certain items. If an author chooses to support an item, this will be identified on the item page.  All supported items include a support period. You can buy support extensions on these items. Your right to access Item Support requires an Bitboxy Market account. To learn more about item support, like what items are covered, what authors provide, the support period and support extension options, see the item support policy.
3. Buyer Services: In addition to the use of the platform, when you ‘buy’ an item you also receive buyer services from Bitboxy like 24/7 buyer support, fraud protection, item quality control and other related buyer services. You can read more about the awesome buyer services buyers get from us over at Why Buy From Us information page.

13. The total price for an item on Bitboxy Market is made up of:

1. Item price: The item price is made up of a license fee (for the license you choose for the item), and if relevant the item support fee (for supported items).
2. Buyer fee: This is the fee for the buyer services you get from Bitboxy.
3. Handling fee: In some transactions on Bitboxy Market the total checkout price may include a handling fee.
4. Taxes: Some transactions on Bitboxy Market may be subject to tax that may be added to the price. See section 22 for details about taxes on Bitboxy Market.

The list price is made up of the item price and buyer fee, and is the price you see on an item page. Transacting as a buyer:

14. If you have an Bitboxy Market account, you can make payments by using the ‘Buy Now’ or ‘Add to Cart‘ functions on the relevant item page or by using any existing Bitboxy Credits in your Bitboxy Market account.

15. Bitboxy Credits: Existing Bitboxy Credits can only be used to pay for Bitboxy Market transactions. If you choose to buy an Item using any existing Bitboxy Credits, the total price will be deducted from your Bitboxy Credits balance. If you haven’t used your Bitboxy Credits within 12 months from the date of issue, they will expire. See section 16 for details about the expiry of Bitboxy Credits.

16. Bitboxy Credits will expire if not used within 12 months from the date of issue, and will be forfeited on the 12 month anniversary of the issue date. We generally try to tell you beforehand when your Bitboxy Credits are going to expire and be forfeited, but this is not always possible and don’t promise to warn you. Check your member’s statement regularly for details of expiry dates. If you have different rights under an applicable consumer law, we don’t exclude them.

17. When making a payment for your item, you will be either redirected to a payment method provider (such as Paypal) or you will be able to process a credit card payment on the checkout page.

18. Currency conversion costs: You are responsible for all costs of currency conversion relating to a transaction on Bitboxy Market. 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).

This means that you may incur additional costs when purchasing from Bitboxy Market, which we have no control over.

19. Terms of buying: When you buy an Bitboxy Market item you’re doing so on the following terms:

1. you warrant to us and the author that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
2. you cannot cancel a completed purchase of an item;
3. we and the authors do not promise that any particular item will continue to be available on Bitboxy Market so you should download and save the item as soon as you buy it;
4. 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);
5. the author retains ownership of the item;
6. your relevant details may be provided to the author of the item in order to facilitate the transaction, for example for invoicing and item support services; and
7. we have the right to enforce against you the terms of the license that you have acquired from an author.

It is important that you understand the terms on which you are making a purchase. Please take the time to review this section carefully. See our Help Center article article for information about account limits.

20. Warranties we make:

1. We warrant that the Bitboxy Market sites will be suitable for the purposes described on the sites, and that we will provide our platform services with reasonable skill and care.
2. We otherwise do not make any express or implied warranties about the Bitboxy Market sites (or any items on the Bitboxy Market sites).

21. Warranties authors make: The author of an item you buy warrants to you that:

1. the item is of acceptable quality and fit for the purpose for which it is 'sold';
2. the item matches the description given by the author on the item preview page, as well as any item preview;
3. they will honour any express warranties given to you that are not contained in these terms;
4. they have the rights necessary to license that item on the terms of applicable license;
5. your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
6. the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
7. the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
8. the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
9. if the item is marked as 'supported', they will provide you with the services as outlined in the item support policy;
10. they will process your data in accordance with applicable privacy law and data protection regulations.

This is what authors are promising you when you buy an item.

22. Taxes:

1. Sales Tax. Prices and fees made for supplies made to you (whether by Bitboxy or authors) in connection with these terms exclude consumption and sales taxes (Sales Tax). If a supply is made to you under or in connection with these terms on which Sales Tax is imposed, the fee you must pay for that supply is increased by the Sales Tax amount.
2. Other taxes. You are responsible for paying all such taxes and imposts associated with your use of Bitboxy Market wherever levied. Your responsibility includes withholding tax if it applies, unless we already process that withholding tax. If a withholding is required by applicable law, you will remit the legally required amount to the applicable taxing authority; you must pay to Bitboxy (or authors) the gross amount on the invoice(s) such that the amount received by Bitboxy (or authors) after the withholding tax is applied is the full amount Bitboxy (or authors) would have received if no withholding or deduction had been made (and it is your responsibility to arrange the remittance of the gross invoice amount in accordance with Bitboxy’s standard processes).

23. Items with an incorrect price or incorrect information: 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 refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

24. Given the nature of digital content, a refund on a purchase is not granted unless one of the warranties given by the author in section 21 has been breached, or a refund is required under the Bitboxy Market Refund Rules or Australian consumer law or other relevant consumer protection laws. If you would like to request a refund see this Help Centre article.

25. We will assess refund requests (if you have an Bitboxy Market account) on their merits, considering the digital nature of Bitboxy Market items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:

1. you have changed your mind about an item;
2. you bought an item by mistake;
3. you do not have sufficient expertise to use the item;
4. you ask for goodwill; or
5. 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); or
6. your product purchase was made over 180 days ago (Themeforest and CodeCanyon supported items) or over 30 days ago (Themeforest and CodeCanyon unsupported items, AudioJungle, VideoHive, GraphicRiver, PhotoDune, 3DOcean items).

26. If the author or we decide to issue a refund (if you have an Bitboxy Market account), this will generally be done using the same manner used to make the purchase. So if the item was purchased using a particular payment method you will be refunded using the same payment method in reverse. Any payment made to you will be made in US Dollars, under the rules of the payment method (see section 18 - Currency conversion costs about currency conversion back to your local currency).

It is important that you understand how refunds work on Bitboxy Market.

27. Disputes lodged with payment agents: If, as a buyer via your Bitboxy Market account, you lodge a dispute with a payment agent, this will result in a freezing of your Bitboxy Market account until the dispute raised with the payment agent has been cancelled. This makes it very complex to resolve any related issues, and means we cannot make payments or issue refunds out of your Bitboxy Market account, so we encourage buyers to contact us directly first to see if we can help resolve any concerns.

28. Fine print: We are not a bank or licensed deposit taker in Australia or elsewhere, your credits are not deposits 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.

Becoming an author

29. If you want to get involved in our community as an author, you can sign up and find out more here. Remember that if you become an author these terms will continue to apply, along with the Author Terms you’ll sign up to as an author.