Terms of Use

Terms of Use

Harper + Scott Terms of Use for Canva Originals

Welcome to Canva Originals (the "Website" or the "Site"). These Terms and Conditions ("Terms of Use") govern your access to and use of the Website. Harper + Scott doing business as Bensussen Deutsch & Associates, LLC (“Harper + Scott”) operates this online store where registered users can browse and buy Canva Originals products. In these Terms of Use, the words "you" and "your" refer to each customer, user, site guest or visitor and "we", "us" and "our" refer to Harper + Scott and its respective subsidiaries, successors in interest and assigns.

Please read these Terms carefully to understand them. They form the complete agreement between you and Harper + Scott regarding your use of the Website, overriding any prior statements. Canva’s Privacy Policy is part of these Terms. If you don't agree to these Terms, you're not authorized to use the Website.

  1. Consent to Terms and Conditions

By using the Website and/or placing an order, you agree that you have read and understood the Terms of Use, agree that you will comply with the same for as long as you use the Website and represent your acknowledgement that you are legally bound by them.

  1. Use of the Site

By agreeing to these Terms of Use, browsing the Site and/or placing an order, you confirm that: (a) you're at least 18 years of age; (b) any info you provide on the Website is true and up-to-date; (c) you’ll follow these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation. 

  1. Ownership of the Website

Harper + Scott owns, licenses and/or has the right to use this Website and all intellectual property rights to the same, including but not limited to the intellectual property owned by us, our client, Canva ("Client"), and/or third party vendors ("Vendors") who have granted Harper + Scott the right to use their intellectual property on the Website (collectively, "Materials"). Harper + Scott hereby grants you permission to use the Website as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Harper + Scott's or Canva’s intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials. You further understand and agree that you will not use any trademarks, trade names, service marks, copyrights or logos of Harper + Scott, and/or Canva in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and only with Harper + Scott and/or Canva's written consent.

Except as otherwise indicated on this Site, copying, reproducing, uploading, downloading, transmitting or any other use of this Site or of any of the Materials, in whole or in part, without the express permission of Harper + Scott, is prohibited. Any unauthorized access to, use or copying of this Site and/or the Materials may subject you to liability under applicable law, and may result in legal action.

  1. Purchasing Canva Originals from the Site

All payment transactions are processed through and governed by the Terms and Conditions of Use and other policies of Shopify. Please review carefully the terms and conditions of use on the Shopify website. Harper + Scott and Canva are not liable to buyers for any claims, losses, causes of action, or damages arising from or related to conduct or actions governed by the Shopify terms.

We can choose to decline any orders you place with us. At our discretion, we might limit or cancel quantities bought per person, household, or order. This could apply to orders made by the same customer account, credit card, or those sharing a billing or shipping address. If we alter or cancel an order, we'll make best efforts to notify you via the email or phone number you provided when ordering. We can limit or block orders that appear to be from dealers, resellers, or distributors.

Product descriptions and prices may change without notice, and we can stop offering any product at any time. We don't guarantee that the quality of products, services, or information you purchase will meet your expectations.

  1. Your Responsibilities

You are responsible for maintaining the confidentiality of your account information and/or password (if applicable), and you agree that you will restrict access to your device to avoid disclosure of such. You agree that you will be responsible for all activity taken under your account.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, including tax obligations that may apply to your use of the Site and purchase of orders.

  1. Your Conduct

In connection with your use of the Website, you agree that you will not:

  • Violate any applicable law or regulation, or any order of a court;

  • Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained on the Site;

  • Use the Site, Material and content on the Site (collectively, "Content") for any commercial or other purposes that are not expressly permitted by these Terms of Use or in a manner that falsely implies Harper + Scott or Canva endorsement, partnership or otherwise misleads others as to your affiliation with Harper + Scott or Canva;

  • Infringe the rights of Harper + Scott, Canva, Vendors, or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;

  • Interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  • Register for more than one account or register for a Harper + Scott account on behalf of an individual other than yourself;

  • Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  • Engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Site;

  • Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any content on the Website through which the Service is provided, without express written permission by us;

  • Post or transmit comments or content that are libelous, unlawful, abusive, obscene, threatening, defamatory, pornographic or otherwise objectionable.

  1. Shipping of Canva Originals

Please see our Shipping Policy for more information.

  1. Problems with your Order

If you have a problem relating to the Website or your order, please contact us at canvaoriginals@harperandscott.com and we will attempt to resolve the issue with you. If we cannot resolve the issue, then the Terms of Use will govern any legal dispute involving the Website, your order and/or our services.

  1. Limitation of Liability and Warranty and Use Disclaimer

Harper + Scott strives for accuracy, but this Website and its services are provided on an "as is" and "as available" basis without any warranties, express or implied, including those of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Website and/or service will be uninterrupted, timely, secure, or error-free, and we reserve the right to modify, suspend, or withdraw access at any time without notice.

To the fullest extent permitted by law, Harper + Scott (including its officers and agents), Canva (including its officers and agents), and any parties involved in creating this Website shall not be liable for any direct, indirect, incidental, punitive, or consequential damages resulting from your use of, or inability to use, the website. This includes, but is not limited to, liability for errors or omissions in content, personal injury, property damage, unauthorized server access, viruses, or any loss of data, even if advised of the possibility of such damages. Your use of the service is at your sole risk.

  1. Indemnity

Unless prohibited by law, you agree to indemnify Harper + Scott and each of its parent, subsidiary and affiliated entities, and Canva and each of its parent, subsidiary and affiliated entities, and in each case their respective furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys' fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Harper + Scott and Canva, shall survive beyond any term for which these Terms of Use are in effect.

  1. Electronic Communications

When you place and order and/or communicate with Harper + Scott electronically, via e-mail or otherwise, you consent to receive electronic communications from Harper + Scott. You agree that all communications (including, but not limited to all notices and order confirmations) provided to you electronically by Harper + Scott satisfy any legal requirement that such communication be in writing. Harper + Scott encourages you to retain your own copies of relevant information; however, upon your written request, Harper + Scott will provide you with a copy of the information you provided to Harper + Scott.

You may also opt-in via the Website to receive email marketing communications from Canva. You can update your marketing preferences via the steps set out in Canva’s Privacy Policy.

  1. Privacy

Information collected via the Site is governed by Canva’s Privacy Policy. Harper + Scott process your information on behalf of Canva.

Harper + Scott may require billing and payment information such as credit and debit card information when you purchase items from the Website and/or create an account.

Your Personal Information is transmitted and stored only on servers located in the U.S. Harper + Scott reserves the right to use IP addresses to identify individuals who threaten the Website or other users or visitors.

  1. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to the Website to place orders.

  1. Disputes and Governing Law

These Terms of Use and any separate agreements where we provide you services shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to any conflict of laws provisions.

Except where prohibited by law, as a condition of these Terms of Use and/or accessing this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in California within one year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. Unless prohibited by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

  1. Changes to the Terms of Use

Occasionally, these Terms of Use may be updated. Harper + Scott retains the right to alter these Terms of Use without providing prior individual notice. We will publish any changes to the Terms of Use on the Site, and they will take effect immediately upon posting. Your ongoing access to or use of the Site will be considered your acceptance of the current Terms of Use. We encourage you to review these Terms of Use frequently to stay informed about our latest policies.

  1. Entire Agreement

These Terms of Use and any policies or operating rules posted by us on this Site or in respect of the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

  1. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of any other remaining provisions.

  1. Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at canvaoriginals@harperandscott.com.