OVERVIEW

Thanks for choosing my offerings. Below you will find important legal terms that govern how you may access, use and purchase our services and products, including, but not limited to, my consulting services, website themes, social media themes, trainings, courses, and other resources such as video tutorials, guides, workbooks, checklists, blog posts, and emails.

The words ‘theme’ and ‘theme’ can be used interchangeably.

Please read these terms carefully before purchasing or using any of our services and products. By accessing, using and/or purchasing my services, you accept and agree to the following PEARLER Terms and Conditions, which constitutes a legally binding agreement (the “Agreement” or “Terms”) between "you"—the purchaser and/or user of any product, service, or resource—and "us," PEARLER.


PAYMENTS

We use a third party processor to process and receive any payments you make on our website. All information obtained during your purchase—such as name, address, payment method, credit or debit card number, and billing information—may be collected by both us and our payment processing platform.

You agree to only purchase offerings for yourself or for another person who has given you the express consent to provide their information as stated above.

By purchasing our offerings, you agree to the following terms:

• Any payment information you provide is true and complete;
• Charges incurred by you will be honored by your bank, credit card company, or e-commerce company (e.g., PayPal);
• You will pay the incurred charges at the agreed upon prices, including all applicable taxes;
• You give us permission to automatically charge your debit card, credit card, or e-commerce account; and
• If your initial payment method is dishonored, you will still pay the incurred charges, including any surcharges or applicable fees.

We reserve the right to cease your access to our offerings immediately and permanently if payment is not received within 7 days. You will still be held liable for the full cost of the offering.


TERMS OF USE

All the intangible assets that are accessible on or offered through our website are protected by intellectual property laws. The use and reproduction of these assets without accordance to this agreement is strictly prohibited.


INTELLECTUAL PROPERTY

All rights, title, and interest in and to the services and products offered to you, including any and all copyrightable materials which may be subject to any intellectual property rights under applicable law, are solely owned by PEARLER and its suppliers. These intangible assets—including but not limited to the text, information, logos, images, graphics, audio, video, and aesthetic—are protected by copyright and other proprietary laws.

Subject to your compliance with these terms, PEARLER grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the PEARLER services and products for its intended purpose only.

These terms do not convey any right or interest in or to PEARLER’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above.

PEARLER name, logo, slogan, and other related identifiers are trademarks belonging to PEARLER.
You are not allowed to use these marks without prior written permission from us.

Your purchase of our themes does not result in the transfer of the intellectual property to you. You must agree to abide by these laws for the continued use of our offerings.

If you violate PEARLER intellectual property rights, your access to our offerings will be terminated immediately. You may also be subject to further penalties and damages as the law permits.


LIMITED LICENSING

Each purchase grants you a limited, non-exclusive, non-transferable, single-seat license to the theme. This means that you may use the theme for only one website. To use the theme more than once, you must purchase a separate license for each project.

By accessing or using our offerings, you agree to abide by these terms:

• You may not modify, share, or exploit any of our offerings in whole or in part.
• You may not use, adapt, or represent our offerings as if they were created by you.
• You may not duplicate, trade, or distribute our offerings to another person in any way that earns them money.
• You may not create any derivative work and offer competing offerings based on information contained in your purchase.
• You may not violate our intellectual property rights, including copyright and trademark, as specified above.

You understand that engaging in unauthorized use of our offerings is considered theft, and we reserve the right to prosecute it as a civil and/or criminal offense.


theme ACCESS

You are granted lifetime access to theme and supplementary resources, such as tutorials and workbooks. This means you will have access for the entire life of these offerings from the date of purchase, including content updates.

We reserve the right to discontinue our offerings at any time in the future, for any reason. If this happens, we will give you 30 days’ notice, so you have ample time to back up the resources.

Should we decide to repackage these existing resources into a shorter or longer offering, you agree that we are not obligated to provide you that separate offering for free or at a discount.

We do our best to ensure that your experience of our themes are free of interruptions. However, due to the digital nature of our offerings, we cannot guarantee that your access will not be restricted periodically to make way for repairs, maintenance, or updates.

We will not be held liable for refunds or damages, should our offerings be rendered inaccessible to you due to network failures, server overload, backup procedures, or other similar reasons.


MEDIA RELEASE

By posting, submitting, or distributing content—such as comments, photos, or videos—in our website and community, you are granting us the right to use them in our marketing or promotional efforts, now or at any time in the future.

This right includes granting us the use of your name and intellectual rights such as copyright and trademark to identify you as the author of your content. You acknowledge that this usage would require neither permission from nor compensation to you.

We are not obligated to display your content on our offerings, and we may choose to remove your content at any time for any reason.


CONFIDENTIALITY

When you purchase our offerings, we may collect your personal data, including but not limited to the following:

• Name, address, and contact details
• Demographic information (e.g., age, income, location)
• Billing and payment information (e.g., credit or debit card)
• Preferences, interests, and other information that may identify you

By participating in the use of our offerings, you grant us the permission to use and store your personal data. We respect your privacy, so we will not disclose any information you provide except as stated in this agreement.

We will exert our best efforts to keep your data safe and secure. However, we make no assurances about our ability to prevent the loss, misuse, or alteration of your personal data. Submitting your confidential information is done at your own risk.


LAWFUL PURPOSES

You agree to access and use our services, products and resources for legitimate and lawful purposes only. This means that you shall not use our offerings in a manner that infringes the rights of others, encourages crime, or constitutes fraud.

PEARLER reserves the right to revoke your access from our offerings if you violate these terms and policies.

We also reserve the right to investigate complaints and reported violations and take any action we deem necessary or appropriate. This includes but is not limited to reporting any suspected unlawful activity to law enforcement and disclosing any information as needed.


POLICIES

The following policies identify the duration and scope of theme installation, support, and refund. Note that we cannot help you with issues that arise from third-party plugins and user modifications.


INSTALLATION

Your purchase of any Shopify theme includes the delivery of your theme copy to your email within 3 business days of purchase.

Your purchase of any Shopify theme includes the delivery of your theme onto you or your client’s Shopify store within 3 business days of receiving collaborator store access via PEARLER’s Shopify Partner account.

We will only request the required parts of the store needed to:

• Install the theme files
• Add required metafields or metaobjects
• Provide adequate ongoing support

At any point you may remove our access, however it may need to be re-authorized to provide accurate support to any requests you have.


Further to this, you will receive:

• Immediate access to the theme's video tutorials, documentation, and other supplementary resources
• Inclusion of placeholder sections and their pre-configured settings, as featured in the demo website

These actions fall outside the scope of the theme installation:

• Migration or transfer of your existing website content and media
• User-specific configurations and customization of the theme in any form, including changes to content, colors, and functionality
• Setup of a new Shopify account
• Installation of third-party plugins
• Revisions of any form

We strive to represent our themes as accurately as possible. But due to Shopify updates, there may be minor differences between the demo version and the installed theme. Some sections or blocks may also appear un-styled before user-specific configurations.

Though installation would not change the content on your existing website, it does materially affect how the content is displayed in the browser. You can set up a password page during the process.

Since the theme is added to the Shopify store as an unpublished theme, you will have to manually migrate any pre-existing content. Take note that you will also have to replace the placeholder content.

Please understand that backlog or other unforeseen circumstances (e.g., medical emergency, natural disaster, act of war) may cause delays to our services. We will do our best to keep you updated on progress. However, no compensation will be provided for the delayed delivery of the theme.

We also do our best to protect your existing website data during the installation. However, in the unlikely event that something goes wrong, PEARLER cannot be held liable for lost or corrupted blocks, sections, pages, or code. We strongly encourage you to back up your site.


SUPPORT

We offer 12 months of support beginning on the date of your purchase. Within this period, you are entitled to a reasonable amount of support from us—the definition of which will be determined by PEARLER at our sole discretion.

Requests for support must only be made by submitting a ticket via your Notion dashboard. We aim to respond to your questions within 48 hours during business hours on weekdays, but please understand that this may take longer for more technical problems or during peak periods.

We provide assistance for the following areas of concern:

• Design and theme related questions
• Clarification on our theme features or settings
• Effects of Shopify updates on our themes
• General theme bug fixes and patches

However, take note that our support does not cover the following:

• General Shopify questions and issues
• Design strategy or guidance on theme use
• Compatibility with third-party plugins
• Issues from modifications of custom code or functionality
• Server or hosting configurations

Upon submitting a ticket, be prepared to present your proof of purchase to confirm your order. We reserve the right to suspend or deny our support services without notice for anyone who disrespects our support team. We will also not tolerate unreasonable demands or abuse of our support system.


REFUNDS

Due to the non-tangible, digital nature of our offerings, PEARLER does not issue refunds or exchanges if you are unsatisfied with them. Please review the product page and live demo prior to purchase. Kindly contact us if you have any other questions or clarifications.

PEARLER reserves the right to refuse the delivery of the product for any reason. If payment was made before refusal, we will promptly issue the refund. You acknowledge that we do not have control over the third-party payment processor and associated fees.

PEARLER also reserves the right to cancel any installation order at any time. If this occurs, you will be refunded the full amount of the service but not the cost of the theme itself.


DISCLAIMERS

By agreeing to the following, you agree that PEARLER does not guarantee results or potential earnings, nor will we be held responsible for legal or financial consequences of your purchase.


Legal & Financial Disclaimer

This agreement in no way forms a partnership, joint venture, employment, franchise, or agency relationship between you and PEARLER.

PEARLER only intends to provide you with these offerings for informative and educational purposes. This instruction is not meant to be a substitute for financial or legal advice. We advise you to consult with your own accountant, lawyer, or financial advisor for any concerns you have for your specific situation.

Earnings Disclaimer

You acknowledge that we cannot promise or guarantee a particular result, financial or otherwise, through the use of our offerings. Your success and earnings are dependent on your personal ideas, skills, and commitment. In other words, you are solely responsible for your results.
We have spared no effort to accurately represent the potential of our offerings. Note that these products and services are not affiliated to or sponsored by any platform, including Shopify.


Testimonials Disclaimer

Kind words and testimonials presented on our website are true to the individuals who contributed them. However, they are individual results and are not representative of all those who will purchase our offerings. These statements are merely intended to demonstrate what the best and most motivated users have achieved with our themes.


LIMITATION OF LIABILITY

PEARLER's obligations under these Terms shall be strictly limited to its terms. The limit of liability to you for any claim whatsoever under these terms is the total sum paid by you for the services or products purchased. In no event shall such liability on the part of PEARLER to you under these terms exceed the sum paid by you. PEARLER shall not be liable for any indirect, loss opportunity or loss profits, loss of use, incidental, punitive, or consequential damages. PEARLER shall not be responsible for any injury, damages, or losses resulting from client’s negligence, or any cause beyond our control. Our liability is limited to the fullest possible extent permitted by law.


Assumption of Risk

You agree that you are voluntarily purchasing our offerings. You are using your own judgment in accessing our themes and services, and you are doing so at your own risk. Hence, you are solely responsible for your actions and decisions based on the use, misuse, or non-use of our offerings.


Errors & Omissions

We have made every effort to present you with correct and up-to-date information in our offerings. However, since Shopify as a platform and website design in general are constantly evolving, we cannot be held accountable for the accuracy or timeliness of our content.

We do not claim that our offerings are free of errors or omissions, that mistakes will be corrected, or that our site or content are free of viruses or any other harmful components. Our themes and supplementary resources are provided as is without warranties of any kind.


Third-Party Content

PEARLER may feature content from third parties via interviews, blog posts, guest sessions, showcases, or other similar formats. We assume no responsibility for errors or omissions of third-party content since we cannot guarantee the accuracy or relevance of their data.

Similarly, we may provide external links to third-party websites. This does not mean that we have control over their information and privacy policy, or that we endorse their offerings. You agree to access these third-party sites at your own risk.


Force Majeure

PEARLER will not be liable to you for any failure or delay in performance if it is caused by acts or circumstances beyond our reasonable control.

Our failure or delay will not constitute a breach of this agreement if they are caused by any of the following, without limitation:

• Acts of God (e.g., flood, fire, earthquake)
• Civil unrest and armed conflict (e.g., war, invasion, terrorism, riot)
• Disease outbreak (e.g., pandemic, epidemic)
• Labor dispute (e.g., lockout, strike)
• Technological breakdown (e.g., server failure, power outage)
• Falling ill


Indemnification

You agree to defend, indemnify and hold harmless PEARLER and its respective directors, officers, employees, and agents from any and all losses, damages, demands, claims, assessments, actions, deficiencies, penalties, interest, reasonable attorneys’ fees (including without limitation those incurred to enforce this indemnity), and other costs and expenses (collectively “losses”), related to or incurred as a result of your acts or omissions, negligence, and/or your breach of any portion of these terms. If any action is brought against PEARLER with respect to any allegation for which indemnity may be sought from you, PEARLER will promptly notify you of any such claim of which it becomes aware and will (i) provide reasonable cooperation to you at your sole expense in connection with the defense or settlement of any such claim and (ii) be entitled to participate at its own expense in the defense of any such claim. You shall not acquiesce to any judgment or enter into any settlement that adversely affects PEARLER's rights or interests without the prior written consent of PEARLER.


Release of Claims

PEARLER will not be held liable to any party for any type of damages from the use or reliance on our offerings. You agree to release us from all claims, including but not limited to:

• Loss of revenue, anticipated profits, savings, or goodwill
• Theft, deletion, or corruption of confidential information
• Personal or business interruptions
• Misapplication of information
• Provision or failure to provide services

Since some states or jurisdictions do not allow the exclusion or limitation of liability, these may not apply to you. If you are dissatisfied with the theme or any portion of it, your sole and exclusive remedy is to discontinue its use.


International Users

Our offerings are operated and controlled by PEARLER from within its location in Australia. If you use our offerings from a location outside of Australia, you are responsible for complying with all your local laws. You agree not to access our offerings in any territory or in any manner prohibited by applicable laws and regulations.


Modification

PEARLER reserves the right to change these terms without notice. The most current version of this agreement will take the place of all previous versions. We encourage you to review these terms periodically to stay informed of important changes.


Termination

PEARLER reserves the right to terminate your access and use of our offerings at any time if you become disruptive to other users or violate this agreement. In the event of termination, you will not be entitled to a refund and will not be excused from any remaining payments.

The provisions of this agreement — including terms of use, disclaimers, limitation of liability, and release of claims — will still apply, even after termination by either party.


MISCELLANEOUS

Notices

Any notices required by this Agreement to be given by either Party to the other shall be made in writing and sent via email or registered post. Notices to PEARLER shall be sent to talk@pearler.work. Notices to you will be sent to the address and contact information you provide upon purchasing our services or products.


Relationship

The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.


Applicable Law, Venue and Dispute Resolution

The operation, construction, interpretation and enforcement of this Agreement will be governed by the laws of the state or territory of Australia in which PEARLER is primarily located. Any dispute arising out of or relating to this Agreement shall be submitted to mediation in accordance with the Australian Commercial Disputes Centre (ACDC) Mediation Guidelines before the commencement of any legal proceedings. If the dispute is not resolved by mediation, it will be submitted to the courts of the state or territory of Australia in which PEARLER is primarily located, and each party submits to the non-exclusive jurisdiction of those courts.


Attorney’s Fees

The prevailing party in any action to enforce or interpret any provision or provisions of this Agreement shall be entitled to its/his/her reasonable attorneys' fees in addition to all other costs associated with the action or appeal whether or not the action advances to judgment, including any and all costs for expert witnesses, in addition to any other relief to which that party may be entitled.


SEVERABILITY

If any provision or any part of any provision of this Agreement is for any reason held to be invalid, unenforceable, or contrary to any public policy, law, statute ordinance, then the remainder of this Agreement shall not be affected thereby and shall remain valid and fully enforceable.


WAIVER

Each party to this agreement hereby knowingly, voluntarily and intentionally waives any right they may have to a trial by jury in respect of any litigation based upon this agreement or arising out of, under or in connection with this agreement, or any other agreement conthemed and executed in connection herewith, or any course of dealing, course of conduct, statements (whether verbal or written) or actions of any party hereto.