Terms of Service

1. Introduction

Last updated 06 September 2024

Our aim is to keep this Agreement as readable as possible, but in some cases for legal reasons, some of the language is required "legalese".

2. Your Acceptance of this Agreement

These terms of service are entered into by and between You and Message Creative Digital

Marketing Services. ("Company," "we," "our," or "us"). Our ABN number is 47 332 752 955. The

following terms and conditions, together with any documents they expressly incorporate by

reference (collectively "Terms of Service"), govern your access to and use of

www.msgcreativ.com, including any content, functionality, and services offered on or through

www.msgcreativ.com (the "Website").

Please read the Terms of Service carefully before you start to use the Website.

By using the Website [or by clicking to accept or agree to the Terms of Service when this option is made available to you], you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at /privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Website.

You must be at least 13 years old to use this Website. However, children of all ages may use theWebsite if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian's permission to use the Website. Please have them read these Terms of Service with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Website, you are subject to the terms of these Terms of Service and responsible for your child's activity on the Website.

BY ACCESSING AND USING THIS WEBSITE, YOU:

ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE;

YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY

UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,

YOU AGREE IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT

PERMITTED, YOU DO SO AT YOUR OWN RISK.

3. Updates to Terms of Service

We may revise and update these Terms of Service from time to time in our sole discretion. All

changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Continuing to use the Website following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

4. Your Responsibilities

You are required to ensure that all persons who access the Website are aware of this

Agreement and comply with it. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND

YOUR COMPUTER, INTERNET AND DATA SECURITY.

5. Prohibited Activities

You may use the Website only for lawful purposes and in accordance with these Terms of

Service. You agree not to use the Website:

● In any way that violates any applicable federal, state, local or international law or

regulation (including, without limitation, any laws regarding the exports of data software

to and from the U.S. or other countries).

● For the purpose of exploiting, harming, or attempting to exploit or harm minors in any

way by exposing them to inappropriate content, asking for personally identifiable

information or otherwise.

● To send, knowingly receive, upload, download, use, or re-use any material that does not

comply with the Submission Standards set out in these Terms of Service.

● To transmit, or procure the sending of, any advertising or promotional material, including

any "junk mail," "chain letter," "spam," or any other similar solicitation.

● To impersonate or attempt to impersonate the Company, a Company employee, another

user, or any other persona or entity (including, without limitation, by using email

addresses associated with any of the foregoing).

● To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the

website, or which as determined by us, may harm the Company or users of the website,

or expose them to liability.

Additionally, you agree not to:

● Use the Website in any manner that could disable, overburden, damage, or impair the

site or interfere with any other party's use of the Website, including their ability to engage

in real-time activities through the Website.

● Use any robot, spider, or other automatic device, process, or means to access the

Website for any purpose, including monitoring or copying any of the material on the

Website.

● Use any manual process to monitor or copy any of the material on the Website, or for

any other purpose not expressly authorized in these Terms of Service, without our prior

written consent.

● Use any device, software, or routine that interferes with the proper working of the

Website.

● Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is

malicious or technologically harmful.

● Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of

the Website, the server on which the Website is stored, or any server, computer, or

database connected to the Website.

● Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

● Otherwise attempting to interfere with the proper working of the Website.

6. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such

material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Service permit you to use the Website for your personal, non-commercial use

only. You must not reproduce, distribute, modify, create derivative works of, publicly display,

publicly perform, republish, download, store, or transmit any of the material on our Website,

except as follows:

● Your computer may temporarily store copies of such material in RAM incidental to your

accessing and viewing those materials.

● You may store files that are automatically cached by your Web browser for display

enhancement purposes.

● You may print or download one copy of a reasonable number of pages of the Website for

your own personal, non-commercial use and not for further reproduction, publication or

distribution.

You must not:

● Modify copies of any materials from this site.

● Delete or alter any of the copyright, trademark, or other proprietary rights notices from

copies of materials from this site.

You must not access or use for any commercial purposes any part of the website or any

services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.

7. Our Rights

We have the right, without provision of notice to:

● Take appropriate legal action, including, without limitation, referral to or cooperation with

law enforcement or regulatory authorities, or notifying the harmed party of any illegal or

unauthorized use of the Website; and

● Terminate or suspend your access to all or part of the Website for any or no reason,

including, without limitation, any violation of these Terms of Service.

YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES,

AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,

SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND

SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY

THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY,

INVESTIGATIONS BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.

8. Third-Party Links and Content

For your convenience, this Website may provide links or pointers to third-party sites or

third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

9. Online Orders

● All orders, purchases or transactions for the sales of goods, digital products, or

information made using this Website are subject to the following additional terms and

conditions of sale:

○ You may not order or obtain goods, digital products or information from this

Website if you: (i) are prohibited from accessing or using this Website or any of

this Website's contents, goods, digital products or information by applicable law

or (ii) you are outside the geographic region where the goods, digital products or

information are available for purchase;

○ You agree that your order is an offer to buy, under these Terms of Service, all

goods, digital products, or information listed in your order. All orders must be

accepted by us or we will not be obligated to sell such goods, digital products or

information to you. We may choose not to accept orders at our sole discretion,

even after we send you a confirmation email with your order number and details

of the items you have ordered; and

○ All prices, discounts, and promotions posted on this Website are subject to

change without notice. The price and currency charged for a goods, digital

products or information will be the price and currency advertised on this Website

at the time the order is placed, subject to the terms of any promotions or

discounts that may be applicable. The price and currency charged will be clearly

stated in the shopping cart before you confirm your purchase. Price increases will

only apply to orders placed after the time of the increase. Posted prices do not

include taxes or charges for shipping and handling. All such taxes and charges

will be added to your total pricing and will be itemized in your shopping cart and

in your order confirmation email. We strive to display accurate price information;

however, we may, on occasion, make inadvertent typographical errors,

inaccuracies, or omissions related to pricing and availability. We reserve the right

to correct any errors, inaccuracies, or omissions at any time and to cancel any

orders arising from such occurrences.

● Where an order indicates a license is being purchased:

○ All uses on this Website of the terms "sell", "sale", "resell", "resale", "purchase",

"price", and the like mean the purchase or sale of a license;

○ Each good, digital product or information marketed as such on this Website is

made available solely for license, not sale, to you and other prospective

customers under the terms, conditions, and restrictions of the license Terms of

Service posted with or made available to you at /license;

○ You will comply with all terms and conditions of the applicable license Terms of

Service for any goods, digital products or information you obtain through this

Website, and you will not cause, induce, or permit others' non-compliance with

the terms and conditions of any of license Terms of Services for the goods, digital

products or information; and

○ Except for the limited license granted under the relevant license Terms of

Service, nothing in these Terms of Service grants any right, title, or interest in or

to (including any license under) any intellectual property rights in or relating to,

the good, digital product or information, whether expressly, by implication,

estoppel, or otherwise. All right, title, and interest in and to the good, digital

product or information are and will remain with Company or its licensors, as

applicable.

● Shipments & Delivery.

○ We will arrange for shipment of the goods to you. Please check the individual

product page for specific delivery options. You will pay all shipping and handling

charges unless otherwise specified in the order confirmation.

○ Title and risk of loss pass to you upon our transfer of the products to the

carrier/delivery. Shipping and delivery dates are estimates only and cannot be

guaranteed. We are not liable for any delays in shipments.

10. Payment and Fees

You may be required to purchase or pay a fee to access our services. We accept Mastercard,

Visa and American Express for all purchases. However, Company does not guarantee the

availability of any payment method at any moment and Company may add, remove or suspend any payment method temporarily or permanently at Company's sole discretion. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website and to promptly update account and payment information, including email address, payment method, and payment card expiration date, in order to complete your purchases and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in USD or AUD. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We also reserve the right to refuse any order placed through the Website.

11. Return and Refund

If you are not completely satisfied with our services, you may be eligible for a refund of up to

50% of fees paid. To cancel your service agreement and request a refund, send the letter of

request to the following address:

Message Creative Digital Marketing Services

Attn: Accounts

81-83 Campbell Street

Surry Hills NSW 2010

After receiving your request and considering the reasons and circumstances of the claim, if

found reasonable we will notify you by email of your refund amount. Refunds are not

guaranteed. You will need to respond via email with agreement within 30 days and if you do so

we will confirm receipt of this and then the refund will be processed. Please allow at least 30

day(s) from this confirmation from us to process your return. Refunds may take 1-2 billing cycles

to appear on your credit card statement.

If you have any questions concerning our return policy, please contact us at:

[email protected]

12. Disclaimers, Liability and Indemnification

EXCEPT FOR THE LIMITED WARRANTIES AT /warranty , YOU UNDERSTAND AND AGREE

THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY GOODS, DIGITAL

PRODUCTS, SERVICES, INFORMATION OR ITEMS FOUND OR ATTAINED THROUGH THE

WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY GOODS,

SERVICES, DIGITAL PRODUCTS, INFORMATION OR ITEMS FOUND OR ATTAINED

THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS,

WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED

OR LIMITED UNDER APPLICABLE LAW.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY OR ITS RESPECTIVE DIRECTORS,

OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,

LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE NO WARRANTY, REPRESENTATION,

OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,

SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE OR ITS

CONTENTS OR THAT ANY GOODS, SERVICES, DIGITAL PRODUCTS, INFORMATION OR

ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,

ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR

WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE OR CONTENT ARE FREE OF

VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE.

How We Limit Our Liability to You

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL

THE COMPANY NOR ITS RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS,

SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR

SUCCESSORS BE LIABLE UNDER THESE TERMS OF SERVICE TO YOU OR ANY

THIRD-PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY,

SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES FOR

BUSINESS INTERRUPTION, LOSS OF USE, DATA, REVENUE OR PROFIT, COST OF

CAPITAL, LOSS OF BUSINESS OPPORTUNITY, LOSS OF GOODWILL, WHETHER ARISING

OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), ANY OTHER

THEORY OF LIABILITY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES

WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold

harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers,

employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns

from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses,

or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these

Terms of Service or your use of the Website including, but not limited to, third-party sites and

content, any use of the Website's content and services other than as expressly authorized in

these Terms of Service or any use of any goods, digital products and information purchased

from this Website.

13. Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. In

accordance with the Digital Millennium Copyright Act, which can be found here

http://www.copyright.gov/legislation/dmca.pdf, and specifically in accordance with 17 U.S.C. §

512(c)(3), we will respond expeditiously to claims of copyright infringement committed using the

Company Website if such claims are reported to Company’s Designated Copyright Agent

identified below.

If you are a copyright owner or authorized to act on behalf of one, please report alleged

copyright infringements taking place on or through the Website by completing a DMCA Notice of

Alleged Infringement and delivering it to Company’s Designated Copyright Agent. Upon receipt

of Notice as described below, we will take whatever action in our sole discretion as we deem

appropriate, including removal of the challenged content from the Website. Please note that if

you fail to comply with all of the requirements of this section and of 17 U.S.C. § 512(c)(3), your

DMCA notice may not be valid.

● Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted

works are covered by your Notice, you may provide a representative list of the

copyrighted works that you claim have been infringed.

● Identify the material or link you claim is infringing (or the subject of infringing activity) and

to which access is to be disabled, including at a minimum, if applicable, the URL of the

link shown on the Website or the exact location where such material may be found.

● Provide your company affiliation (if applicable), mailing address, telephone number, and,

if available, email address.

● Include both of the following statements in the body of the Notice:

○ "I hereby state that I have a good faith belief that the disputed use of the

copyrighted material is not authorized by the copyright owner, its agent, or the

law (e.g., as a fair use)."

○ "I hereby state that the information in this Notice is accurate and, under penalty

of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the

copyright or of an exclusive right under the copyright that is allegedly infringed."

● Provide your full legal name and your electronic or physical signature.

● Deliver this Notice, with all items completed, to:

MESSAGE CREATIVE DIGITAL MARKETING SERVICES

81-83 Campbell Street

Surry Hills NSW 2010

If you believe that your content that was removed (or to which access was disabled) is not

infringing, or that you have authorization from the copyright holder, the holder's agent, or

pursuant to law, to post and use the material in your content, you may send a counter-notice

containing the following information to us:

● Your physical or electronic signature;

● Identification of the content that was removed or to which access has been disabled as a

result of mistake or a misidentification of the content; and

● Your name, address, telephone number, and email address, a statement that you

consent to the jurisdiction of the federal court in Ontario, and a statement that you will

accept service of process from the person who provided notification of the alleged

infringement.

If a counter-notice is received by the Copyright Agent, we may send a copy of the

counter-notice to the original complaining party informing that person that it may replace the

removed content or cease disabling it in ten business days. Unless the copyright owner files an

action seeking a court order against Message Creative Digital Services. or the person who has

posted allegedly infringing content, the removed content may be replaced, or access to it

restored, in ten business days or more after receipt of the Counter-Notice.

Message Creative Digital Services. does not condone or tolerate copyright infringement or any

violation of the intellectual property rights of Message Creative Digital Services. or of others.

Message Creative Digital Services. reserves the right to terminate the access and/or use

privileges of any person who has been determined to be a 'repeat infringer' of the copyrights of

Message Creative Digital Services. or others. Message Creative Digital Services. reserves the

right to define the criteria by which Message Creative Digital Services. will determine that a

person is a 'repeat infringer.' In the event that 'repeat infringer' is defined by statute, law, or

regulation as applicable to 17 U.S.C. § 512, Message Creative Digital Services. will adopt that

definition as a minimum standard. Without limiting Message Creative Digital Services.’s right to

define 'repeat infringer,' as a general rule, Message Creative Digital Services. will define a

'repeat infringer' as any person or entity about whom Message Creative Digital Services. has

received two or more DMCA Notices of Alleged Infringement. Message Creative Digital

Services. will take into account all relevant facts and circumstances when determining whether

or not termination of access and/or use privileges of a 'repeat infringer' is appropriate.

REGARDLESS OF WHETHER Message Creative Digital Services. TERMINATES ACCESS

AND/OR USE PRIVILEGES OF ANY PERSON OR ENTITY, 'REPEAT INFRINGER' OR

OTHERWISE, Message Creative Digital Services. IN NO WAY WAIVES ANY RIGHT TO

PURSUE ANY AVAILABLE REMEDY AT LAW OR IN EQUITY AGAINST COPYRIGHT

INFRINGERS OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS VIOLATORS, NOR

WILL Message Creative Digital Services. INDEMNIFY OR PROVIDE LEGAL

REPRESENTATION TO ANY ALLEGED INFRINGER IN ANY ACTION ARISING FROM THE

ALLEGED INFRINGER’S USE OF ANY Message Creative Digital Services. WEBSITE OR

SERVICE, EXCEPT AS EXPRESSLY DESCRIBED IN THIS NOTICE.

14. Privacy Policy

Your provision of personal information through the Website is governed by our privacy policy

located at /privacy-policy (the "Privacy Policy").

15. Governing Law

The Website and these Terms of Service will be governed by and construed in accordance with

the laws of the Province of Ontario and any applicable federal laws applicable therein, without

giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your

domicile, residence, or physical location. Any action or proceeding arising out of or relating to

this Website and/or under these Terms of Service will be instituted in the courts of the Province

of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any

such action or proceeding. You waive any and all objections to the exercise of jurisdiction over

you by such courts and to the venue of such courts.

The parties agree that the United Nations Convention on Contracts for the International Sale of

Goods will not govern these Terms of Service or the rights and obligations of the parties under

these Terms of Service.

16. Severability

If any provision of these Terms of Service is illegal or unenforceable under applicable law, the

remainder of the provision will be amended to achieve as closely as possible the effect of the

original term and all other provisions of these Terms of Service will continue in full force and

effect.

17. Entire Terms of Service

These Terms of Service constitute the entire and only Terms of Service between the parties in

relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of

Services, undertakings, arrangements, understandings or statements of any nature made by the

parties or any of them whether oral or written (and, if written, whether or not in draft form) with

respect to such subject matter. Each of the parties acknowledges that they are not relying on

any statements, warranties or representations given or made by any of them in relation to the

subject matter of these Terms of Service, save those expressly set out in these Terms of

Service, and that they shall have no rights or remedies with respect to such subject matter

otherwise than under these Terms of Service save to the extent that they arise out of the fraud

or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be

effective unless it is in writing and signed by or on behalf of Company.

18. Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any

power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of

any right or power hereunder preclude further exercise of that or any other right hereunder.

19. Notice

We may provide any notice to you under these Terms of Service by: (i) sending a message to

the email address you provide to us and consent to us using; or (ii) by posting to the Website.

Notices sent by email will be effective when we send the email and notices we provide by

posting will be effective upon posting. It is your responsibility to keep your email address

current.

To give us notice under these Terms of Service, you must contact us as follows: (i) by personal

delivery, overnight courier or registered or certified mail to Message Creative Digital Services.,

100 Main Street, Waterloo, Ontario, N2G 4X8. We may update the address for notices to us by

posting a notice on this Website. Notices provided by personal delivery will be effective

immediately once personally received by an authorized representative of Company. Notices

provided by overnight courier or registered or certified mail will be effective once received and

where confirmation has been provided to evidence the receipt of the notice.

Last Updated: 06 September 2024

Powered By msgcreativ