1. Introduction

1.1 Overview

These Terms and Conditions (“Agreement”) govern your purchase, download, and use of the products (whether physical or digital, the “Products”) provided by ABC Seams® Pty. Ltd. (“we,” “us,” or “our”). By purchasing and/or using our Products, you (“you” or “Licensee”) agree to be bound by the terms of this Agreement.

1.2 Payment and Billing Terms

• Payment Methods: We accept various payment methods as indicated on our website. You agree to pay all fees associated with your purchase in the currency stated during checkout.
• Taxes and Duties: Prices listed may include or exclude taxes (including VAT) depending on your location and applicable law. For international shipments, you are solely responsible for any customs duties, import taxes, or additional fees levied by the destination country.
• Non-Refundable Purchases: All purchases of our Products are final and non-refundable, except where otherwise required by law.

1.3 No Refunds

As stated above, purchases of our Products are non-refundable. We encourage you to read all available information (descriptions, pictures, technical specifications) prior to completing any purchase. If you have questions or concerns, please contact us at hello@abcseams.com before ordering.

1.4 Updates to the Terms

We reserve the right to modify or replace these Terms and Conditions at any time without prior notice. The most current version will be posted on our website, and your continued use of our Products constitutes acceptance of any changes.

2. Scope of License

2.1 Personal (Single-User) License

• Grant of License: Upon valid purchase, you receive a limited, non-exclusive, non-transferable, single-user license to download and use one copy of the Product for your personal, non-commercial use.
• Permitted Uses:
  You may use the Product to design, develop, and produce clothing or textile items.
  You may use the Product as a reference for teaching or explaining construction methods, finishes, or textile details. If you are an educator, you may share up to five (5) pages per Product with students, provided you clearly credit ABC Seams® as the source.
• Prohibited Uses:
  You must not share, distribute, resell, rent, sub-license, or otherwise provide the Product (or any portion of it) to a third party.
  You must not edit, modify, create derivative works, or remove any copyright notices from the Product.
  You must not use the Product (or parts of it) in ways that compete with ABC Seams®, whether directly or indirectly.

2.2 Multi-User License

• Grant of License: Subject to your purchase of a multi-user license, ABC Seams® grants you a limited, non-exclusive, non-transferable right to allow multiple authorized users, depending of the license type you purchase, within your organization to access and use the Product internally, strictly for the purposes described below.
• Permitted Uses:
  Educational Institutions: May use the Product for teaching, training, and research.
  Fashion Brands and Factories: May use the Product to design, develop, and produce clothing or textile products for internal business operations.
• Restrictions:
  No External Distribution: The Product may not be shared or sublicensed outside your organization.
  No Modifications or Derivative Works: You may not modify, adapt, create derivative works, or remove any copyright or proprietary notices.
  No Commercialization: You may not sell, rent, lease, or otherwise commercialize the Product or any part of it.
  No Circumvention: You must not circumvent or disable any security measures protecting the Product.

• Term and Termination:
  The multi-user license commences on the date of purchase and is valid for one (1) year unless otherwise specified at the time of purchase.
  We reserve the right to terminate the license immediately if you breach any term of this Agreement.

3. Intellectual Property Rights

3.1 Ownership

All intellectual property rights in and to the Products, including but not limited to copyrights, trademarks, and trade secrets, remain exclusively owned by ABC Seams®.

3.2 Proprietary Notices

You must not remove, alter, or obscure any copyright or other proprietary notices placed on or embedded in the Products.

4. Disclaimer of Warranties and Limitation of Liability

4.1 Disclaimer

All Products are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

4.2 Limitation of Liability

To the fullest extent permitted by law, ABC Seams® shall not be liable for any indirect, incidental, special, consequential, or punitive damages, nor for any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of or inability to use the Products.

4.3 Limitation of Liability Cap

In jurisdictions where such limitations are permissible, the total liability of ABC Seams® for any claim arising out of or relating to this Agreement shall not exceed the amount you paid for the Product in the twelve (12) months preceding the event giving rise to liability.

4.4 Indemnification

You agree to indemnify and hold harmless ABC Seams®, its affiliates, and their respective officers, employees, and agents from and against all claims, damages, losses, or liabilities arising out of or in connection with:

• Your misuse of the Products,
• Any breach of this Agreement, or
• Any violation of third-party rights (including intellectual property).

5. Additional Clauses

5.1 Force Majeure

ABC Seams® shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent that such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, governmental actions, power outages, labor disputes, and civil disturbances.

5.2 Third-Party Tools or Content

Certain Products or functionalities may require the use of third-party tools or content. While we may recommend or provide links to such tools, ABC Seams® does not warrant or guarantee the performance, reliability, or security of any third-party resource. You acknowledge that your use of any third-party tool or content is at your own risk.

5.3 No Guarantee of Results

Examples, demonstrations, or testimonials regarding the Products are provided for illustrative purposes only. ABC Seams® does not guarantee any specific results, and your success in using the Products will vary depending on your skill, knowledge, and other factors beyond our control.

5.4 Notices and Communications

All notices under this Agreement must be in writing and are deemed effectively given when sent to the parties’ respective email addresses or physical addresses (if so designated). You agree that emails sent to hello@abcseams.com (or another address we designate) constitute valid notice to ABC Seams®.

5.5 Severability

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.

6. Governing Law and Dispute Resolution

6.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Australia, without regard to its conflicts of law provisions.

6.2 Dispute Resolution

Any dispute arising out of or relating to these Terms and Conditions shall be resolved through binding arbitration in accordance with the rules of [specify arbitration body]. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

7. Termination

7.1 Termination by ABC Seams®

We may terminate or suspend your access to the Products at any time if we have reason to believe that you have violated any of the terms of this Agreement. In the event of termination, you must cease all use of the Products and destroy any copies in your possession.

7.2 Survival

Any provisions of this Agreement which by their nature should survive termination, including but not limited to ownership, indemnification, warranty disclaimers, limitations of liability, and dispute resolution, shall survive.

8. Entire Agreement

This Agreement constitutes the entire understanding between you and ABC Seams® regarding the subject matter herein and supersedes all prior or contemporaneous communications, whether electronic, oral, or written.