Terms of service.

Magic Goat Design Terms and Conditions effective: October 2021

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www.brittanyhart.me

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This website, products and intellectual property is owned and operated by Magic Goat Designs. The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

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ACKNOWLEDGEMENT

These are the Terms and Conditions governing the use of this Service and the agreement that operates between Visitor and Magic Goat Designs. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

 

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service. Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

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LINKS TO OTHER WEBSITES

Our Service may contain links to third-party websites or services that are not owned or controlled by the Magic Goat Designs.

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Magic Goat Designs has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

 

You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

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We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

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TERMINATION

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

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AGE RESTRICTIONS 

To use our website or purchase from our design shop, you must be at least 18 years of age or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

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AUSTRALIAN LAW

Here are Magic Goat Designs we comply with Australian law. The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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PURCHASE OF GOODS
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our products are listed on the website on the shop page. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. 

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DIGITAL PRODUCTS

Upon purchasing digital products from magic Goat Designs you are sent an email with a downloadable link. This where applicable will include a link to a direct download of the assets. 

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When purchasing templates designed in Canva you will be sent a link to "make a copy" of that template in a Canva browser. 

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You agree that it is your responsibility to ensure you have the right software and applications to use the digital assets. All products include what software or platform is needed in the description. 

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Are per our Terms and Conditions Policy you cannot sell or redistribute Magic Goat Design's digital products even after a purchase is made. 

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REFUND

Due to the nature of our digital products we do not offer a refund. Purchase is final and assets should be chosen wisely. 

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PRICE AND PAYMENT
All prices are in Australian Dollars (AUD) and include Australian Good and Services Tax (GST). 

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Magic Goat Designs reserves the right to offer discounted products from time to time. Only one discount code can be used with each purchase. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.  Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.

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We offer visitors the option to pay with Stripe or Pay Pal. Full payment is required in order to purchase the products. We do not offer payment plans. You acknowledge and agree to make timely payments of products when purchased. You acknowledge that your credit card (if applicable) must be valid for us to charge it. You authorise us to automatically charge your payment option selected for any and all payment balances owed and agree to keep all billing information current at all times. 

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WARRANTY

Due to the nature of the digital asset, no warranty is given for the products. If you find an issue with any of the digital assets please contact hello@magicgoatdesigns.com.au

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DELIVERY

All products in the design shop are digital items. Please allow up to 30 minutes for the design assets to be delivered to your inbox. If they are not there in that time please contact hello@magicgoatdesigns.com.au.

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INTELLECTUAL PROPERTY

The products and all materials therein or transferred thereby, including, without limitation, images, software, graphics, templates, text, logo variations, colour palettes, typography styling, patterns, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of Magic Goat Designs. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

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ACCOUNT

We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

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INDEMNIFICATION

You agree to indemnify and hold Magic Goat Designs harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

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LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Magic Goat Designs assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

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RIGHT TO MODIFY TERMS

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

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PROMOTIONAL MARKETING

You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time, or unsubscribe to our mailing list. 

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PERSONAL INFORMATION

A user of Magic Goat Designs can always opt-out and exit the community, and upon doing so, such a user’s profile will not be publicly visible. Naturally, in such an event, the user will not be able to use the community features (e.g. liking, commenting or writing posts).

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DISPUTE RESOLUTION 

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

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EUROPEAN UNION(EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

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TRANSLATION

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

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CONDITIONS

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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PREFERENCE FOR LAW AND DISPUTE RESOLUTION 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Queensland, Australia, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Queensland, Australia. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

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CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

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