1. About the Website
1.1. Welcome to www.mcdcreative.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase various digital products that have been listed for sale (the 'Eproducts') as well as browse services through the Website (the 'Services’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').
1.2. The Website is operated by Courtney Day (ABN: 76 988 113 308) t/a MCD Creative. Access to and use of the Website, or any of its associated Eproducts or Services, is provided by MCD Creative. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
1.3. MCD Creative reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MCD Creative updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MCD Creative in the user interface.
3. Purchase of Eproducts
3.1. In using the Purchase Services to purchase a Eproduct through the Website, you will agree to the payment of the purchase price listed on the Website for the Eproduct (the 'Purchase Price').
3.2. Payment of the Purchase Price may be made through the payment provider options provided (the 'Payment Gateway Providers')
3.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
3.4. Following payment of the Purchase Price being confirmed by MCD Creative, you will be issued with a receipt to confirm that the payment has been received and MCD Creative may record your purchase details for future use.
3.5. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST inclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999. Where the services are provided outside Australia, GST is inapplicable
4. Delivery
4.1. Eproducts are delivered as links to download sent via email following purchase. Should you not receive the email within 30 minutes of purchase please first check your spam folder and then contact contact@mcdcreative.com.au.
4.2. MCD Creative will endeavour to respond to you as a priority and will not be liable for any issues concerning your e-mail account and inability to receive the Eproduct.
5. Refunds and Returns
5.1. MCD Creative does not provide refunds for Eproducts. Please keep this in mind when making a purchase.
6. Warranty
6.1. MCD Creative’s Eproducts come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Eproduct and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Eproducts repaired or replaced if the Eproducts fail to be of acceptable quality and the failure does not amount to a major failure (the 'Warranty'). A major failure with a product under Australian Consumer Law includes but is not limited to, where the product is significantly different from the description shown to you, or the goods are unsafe or unfit for their normal purpose.
7. Copyright and Intellectual Property
7.1. The Website, the Purchase Services and all of the related products of MCD Creative are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by MCD Creative or its contributors.
7.2. MCD Creative retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of MCD Creative; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
7.3. You may not, without the prior written permission of MCD Creative and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
MCD Creative takes your privacy seriously and any information provided through your use of the Application and/or the Purchase Services are subject to MCD Creative’s Privacy Policy.
9. Information Disclaimer
9.1. The information contained on this Website, the blog and within all associated Eproducts, is for general information purposes only and is not meant to substitute business or marketing advice. You agree to seek business and marketing advice prior to following any advice or utilizing information or Eproducts offered by MCD Creative. To the maximum extent permitted by law, MCD Creative and all persons acting on behalf of MCD Creative, disclaim all responsibility and liability to any person or business, arising directly or indirectly from any person taking or not taking action based upon the information presented on the Website, the blog and within all associated Eproducts.
10. General Disclaimer
10.1. You acknowledge that MCD Creative does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Eproducts other than provided for pursuant to these Terms
10.2. Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
10.3. Subject to this clause, and to the extent permitted by law:
(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(b) MCD Creative will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
10.4. Use of the Website, the Purchase Services, and any of the products of MCD Creative is at your own risk. Everything on the Website, the Purchase Services, and the Eproducts of MCD Creative, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MCD Creative make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of MCD Creative) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
(c) costs incurred as a result of you using the Website, the Purchase Services or any of the Eproducts;
(d) the Content or operation in respect to links which are provided for the User's convenience;
(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
11. Limitation of Liability
11.1. MCD Creative's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of MCD Creative is the resupply of information or Purchase Services to you.
11.2. You expressly understand and agree that MCD Creative, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11.3. MCD Creative is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of MCD Creative, by third parties or by any of the Purchase Services offered by MCD Creative.
12. User Generated Content
12.1. If you choose to contribute any content to the Website or any other platform operated by MCD Creative, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).
12.2. By contributing content to the Website or associated social media platforms, you grant MCD Creative a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by MCD Creative.
12.3. Additionally, if you post your User Content with any personal information including identifying information such as location or name, you agree MCD Creative can use that information with your User Content for advertising and promotional purposes, or any other business purpose.
12.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to MCD Creative social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to MCD Creative. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.
12.5. Please ensure you keep your own copies of Your Content as MCD Creative may not archive, store or back-up Your Content nor continue to make Your Content accessible online.
12.6. MCD Creative will endeavour to provide you with an appropriate credit when using Your Content on MCD Creative platforms, though you understand and agree this may not always be possible.
12.7. MCD Creative reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.
13. Mailing List and SMS List Registration
13.1. You will be given the option to register for the MCD Creative Mailing List (the 'Mailing List').
13.2. As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) Email address
(b) Name and address
(c) Mobile telephone number
13.3. If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from MCD Creative.
14. Indemnity
14.1. You agree to indemnify MCD Creative, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
(c) any breach of the Terms.
15. Venue and Jurisdiction
The Purchase Services offered by MCD Creative are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
16. Governing Law
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
17. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
18. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
