PeachCreme — Legal

Terms of Service

These Terms of Service ("Terms") govern your access to and use of the website located at peachcreme.com (the "Site") and the purchase of any products offered through it. This website and its e-commerce infrastructure are owned, operated, and managed by Global Manner Sdn Bhd (Business Registration No. 69128-X). In these Terms, "PeachCreme", "we", "us", and "our" refer to the operator of the Site.

By accessing the Site, creating an account, or completing a purchase, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or purchase any products from it.

1.Definitions

In these Terms: "Products" means the fonts and any other digital goods offered for sale on the Site (the "Fonts"); "EULA" means the End User Licensing Agreement that governs the use of the Fonts; "Content" means all text, images, graphics, and other material published on the Site; and "you" or "your" means the individual or entity accessing the Site or purchasing a Product.

2.Eligibility

To purchase any Product or enter into a binding agreement with us, you must be at least eighteen (18) years of age and capable of forming a legally binding contract under the laws applicable to you. By placing an order, you represent and warrant that you meet these requirements.

3.Products and their digital nature

All Products sold on the Site are digital goods, delivered electronically by download. No physical goods are shipped. It is your responsibility to ensure that your device and software are capable of receiving, unzipping, and installing standard font files before purchase.

We make reasonable efforts to describe each Product accurately. However, we do not warrant that product descriptions, previews, or other Content are complete, current, or error-free, and we may correct any errors, inaccuracies, or omissions at any time without prior notice.

4.Orders, pricing and payment

Prices are displayed in the currency shown at checkout and are payable in full at the time of purchase. We reserve the right to correct pricing errors and to amend prices at any time before you place an order.

Payment is processed through third-party payment providers. By submitting payment information, you authorise the relevant provider to charge the full order amount, and you agree to provide accurate and current billing and account information. We reserve the right to refuse or cancel any order where we reasonably suspect fraud, error, or a breach of these Terms.

5.Taxes

Prices shown on the Site are exclusive of any applicable taxes unless stated otherwise. You are responsible for any sales, use, value-added, or similar taxes or duties that may apply to your purchase under the laws of your jurisdiction. Where we are required to collect such taxes, they will be shown at checkout.

6.Delivery and access

Once your payment has been confirmed, the Product will be made available to you for download. If a download link fails or expires, please contact us with your order details and we will provide a replacement link within a reasonable time.

7.Licence to use the Fonts

Your purchase of a Font does not transfer ownership of the Font to you. Instead, you are granted a licence to use the Font strictly in accordance with the EULA applicable to the licence tier you have purchased.

The EULA forms part of your agreement with us. In the event of any conflict between these Terms and the EULA in respect of the permitted use of a Font, the EULA shall prevail.

8.Intellectual property

All Fonts, together with all Content on the Site, are protected by copyright and other intellectual property laws and remain the exclusive property of PeachCreme. Except for the licence expressly granted to you under the EULA, no right, title, or interest in any Font or Content is transferred to you.

You may not copy, reproduce, distribute, resell, sublicense, decompile, or create derivative works from the Fonts or Content, except as expressly permitted by the EULA or by applicable law.

9.Acceptable use

You agree not to use the Site or any Product to:

  1. infringe the intellectual property or other rights of any party;
  2. distribute, share, or make available the Font files in source form;
  3. claim authorship or ownership of any Font;
  4. engage in any unlawful, fraudulent, or harmful activity; or
  5. interfere with the operation, security, or integrity of the Site.

We reserve the right to suspend or terminate access, and to pursue any remedy available to us, in respect of any breach of this clause.

10.Refunds and cancellations

Because the Products are digital goods delivered instantly, all sales are final. We do not offer refunds, returns, or exchanges once a Product has been delivered, except where required by applicable law.

If a Product is defective, corrupted, or fails to function as described, please contact us and we will work with you in good faith to resolve the issue, including by providing a replacement file where appropriate.

11.Third-party services and links

The Site relies on third-party services, including payment processors and hosting providers. Your use of those services may be subject to their own terms and policies. The Site may also contain links to third-party websites that we do not control. We are not responsible for the acts, omissions, content, or policies of any third party.

12.Availability of the Site

We aim to keep the Site available and functioning, but we do not guarantee that it will be uninterrupted, secure, or free of errors. We may modify, suspend, or discontinue any part of the Site at any time without notice and without liability to you.

13.Disclaimer of warranties

To the maximum extent permitted by law, the Site and all Products are provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

14.Limitation of liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising out of or in connection with your use of the Site or any Product. In any event, our total aggregate liability shall not exceed the amount you paid for the Product giving rise to the claim.

15.Indemnity

You agree to indemnify and hold harmless PeachCreme, together with its officers and directors, from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of your breach of these Terms or the EULA, or your misuse of any Product.

16.Termination

We may suspend or terminate your access to the Site, and decline to provide any Product to you, at our discretion and without notice, if you breach these Terms or the EULA, or where we reasonably consider it necessary to protect the Site, our rights, or other users.

Termination does not affect any rights or obligations that accrued before termination. The clauses of these Terms that by their nature should survive termination — including those on intellectual property, disclaimers, limitation of liability, indemnity, and governing law — will continue to apply.

17.Privacy

Your use of the Site is also governed by our Privacy Policy, which explains how we collect and handle personal information. By using the Site, you consent to that handling.

18.Changes to these Terms

We may revise these Terms from time to time. The revised version takes effect when published on this page, and your continued use of the Site after publication constitutes acceptance of the revised Terms.

19.Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

20.Entire agreement

These Terms, together with the EULA and the Privacy Policy, constitute the entire agreement between you and us regarding your use of the Site, and supersede any prior agreements or understandings on that subject. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.

21.Governing law and jurisdiction

These Terms are governed by and construed in accordance with the laws of Malaysia, and you agree to submit to the exclusive jurisdiction of the courts of Malaysia in respect of any dispute arising out of or in connection with these Terms.

22.Contact

Questions regarding these Terms may be sent to hello@peachcreme.com.