​​PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

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Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, design agreement and website disclaimer, govern MissCreative Design Studio™ / www.misscreative.design relationship with you in relation to your use of this website.​

By using this website, you signify your acceptance of these terms and conditions of use.

For the purposes of these terms and conditions, “Us”, “Our”, “We”, "Site", and "www.misscreative.design" refers to MissCreative Design Studio™ and “You” and “Your” refers to you, the client, visitor, website user or person using our website.​

All products ​are owned and provided by Company. These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to update and change these Terms and Conditions of Use at any time, and will update them accordingly with the ‘date last updated’ at the top of this page.

You are legally bound to these Terms and Conditions of Use whether or not You have read them. If You do not agree with any of Our Terms and Conditions of Use, please email Us at the contact details listed at the top of this agreement,​ and We will make reasonable efforts to remove Your name, email, and access to Our Offering and website(s).​

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AMENDMENT OF TERMS

We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and www.misscreative.design’s rights and obligations to each other.​

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YOUR​ ​PRODUCT​ ​OR​ ​COURSE​ ​USE​ ​AND​ ​CONSENT

When You purchased Our Offering, You were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with Your purchase of the Offering and further access of the Offering, You implicitly agreed and continue to agree to abide by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree You are at least 18 years old or of the age of majority in Your applicable jurisdiction to access the Offering. Access of Our Offering and related materials by a minor is a violation of use, and We reserve the right to terminate Your access if such an issue is discovered.​

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INTELLECTUAL PROPERTY

www.misscreative.design website, products and services contain intellectual property owned by us and / or by third-parties that license the content to us (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, audio files, graphics, other files, and software (“Content”).  Your use of our Site, the services and access to any content does not grant or transfer any rights, title or interest to you in relation to this Site, the services  or the content. ​

All images, text, designs, graphics, trademarks, and service marks are owned by and property of Company, or the properly attributed party. It is a violation of federal law to use any of Our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should We choose to do so, including asking for financial penalties (damages) and/or an injunction forcing You to stop using Our intellectual property immediately.

You may NOT use Our intellectual property in any way, which includes republishing any text, image, design, or other property on another website, or posting a quote or image from Our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, We cannot allow any third party use.

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YOUR​ ​MATERIALS​ ​AND​ ​CONTRIBUTIONS

​By submitting a comment, photo, video, or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third-party access sites, such as Our Facebook group(s) or online software platforms that We use to distribute Our Offering and related materials, You agree that We have a non-revocable, commercial license to re-publish Your submission in whole or in part unless You explicitly state that We may not do so with said submission. You have no right to privacy by accessing Our Offering or related materials, and We reserve the right to disclose Your participation in the same.

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PRODUCT/SERVICE REVIEWS

We may ask You to leave a rating and/or review of Your purchase. If You choose to write a review, You must comply with the following guidelines:

• You have used and/or accessed the product(s) sufficiently to speak with reasonable knowledge as to its effectiveness, value, aesthetics or utility; and

• You do not use any offensive language, such as profanity, hateful or racist speech; and

• Your submission does not discriminate on the basis of race, gender, religion, nationality, age or disability; and

• You have not used your purchase in an illegal way, or made any implied or express claims to the same; and

• You are not related to anyone who owns any part of Our site; and

• You are not claiming any false or misleading statements; and

• You are not affiliated with or working for any site or company we deem a competitor, at our sole discretion; and

• You do not organize a campaign encouraging others to leave reviews, whether good or bad, unless otherwise authorized to do so.

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We reserve the right to accept or reject Your review at our sole discretion. Reviews are not Our opinions or beliefs. We do not assume any liability for any review or for any claim, issue, liability or loss resulting from any posted review. By posting a review, You hereby grant to Us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

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MODEL​ ​RELEASE

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​Our​ ​platforms​ ​or​ ​in​ ​Our​ ​Offering​ ​or​ ​related​ ​materials.​ ​You​ ​grant​ ​Us​ ​a commercial​ ​license​ ​to​ ​any​ ​image(s)​ ​You​ ​submit​ ​to​ ​Us​ ​by​ ​default,​ ​such​ ​as​ ​a​ ​Facebook profile​ ​photo​ ​or​ ​other​ ​profile​ ​image​ ​You​ ​voluntarily​ ​provide​ ​in​ ​accessing​ ​the​ ​Offering,​ ​or voluntarily​ ​upon​ ​Our​ ​request.​ ​Such​ ​a​ ​default​ ​or​ ​voluntary​ ​release​ ​of​ ​Your​ ​image​ ​and likeness​ ​may​ ​be​ ​used​ ​for​ ​any​ ​reasonable​ ​future​ ​business​ ​use.

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NOTIFICATION​ ​OF​ ​USE

​We are not obligated to notify You or anyone in photographs of Our publication or other use of any image or images You submit by default or voluntarily.

 

NO COMMERCIAL USE​

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever the Site, services or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms. ​

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LIMITATION OF LIABILITY

It is an essential precondition to you using our website that you agree and accept that MissCreative Design Studio™ is not legally responsible for any loss or damage you might suffer related to your use of the website, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.​

It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.​

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COMPETITION AND CONSUMER ACT

Our goods and services come with guarantees that cannot be excluded, modified or restricted under the Australian Consumer Law and are in addition to any manufacturer or supplier warranty.​

For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), www.misscreative.design’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.​

You must be over 18 years of age to use this website and to purchase any goods or services.​

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DELIVERY OF GOODS

Physical goods may be delivered by Australia Post and/or other reputable courier companies. Deliveries are processed promptly upon receipt of full payment. Delivery may take between 2 and 14 days, depending on the delivery option. Damaged or lost orders should be resolved with Australia Post or the courier company directly and we are not responsible for goods that are damaged in transit or not received. Replacement of damaged or lost items is made at the discretion of MissCreative Design Studio™.​

Digital goods are delivered immediately and are strictly non-refundable. Please be aware there are inherent risks associated with downloading any software and digital goods. Should you have any technical problems downloading any of our goods, please contact us so we may try to assist you.​

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ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission.  You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.​​​​

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ERRORS OR MISTAKES IN PRICING

We reserve the right to correct any errors or mistakes in pricing, even if We have already received payment. Any such changes will be conveyed in writing via email to notify You of Our correction and to allow You to take the most appropriate action in the event of such a correction or mistake.

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REFUNDS AND RETURN POLICY

www.misscreative.design handles returns and processes refunds in accordance with the Australian Consumer Protection legislation. Due to the nature of the services and/or products provided, MissCreative Design Studio™ does not offer returns, exchanges or refunds. We cannot issue any refunds once the purchase has been made. Please note: ‘change of mind’ refunds are not permitted at any stage. 

Please be careful when selecting a product and check the image of each item that will be provided in the purchase. If you have any questions regarding the product please check our FAQs. If you can’t find an answer to your question, then please contact us before you make the purchase. If there is a fault with the product please notify us within 7 days of purchase.

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PROMOTIONAL PRICING DEVICES AND PRICE ADJUSTMENTS

We are not able to accommodate a price adjustment after Your purchase.

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REVOCATION​ ​OF​ ​ACCESS

​You have the unilateral right to terminate Your use and access to any of Our Offering(s). Please send an email to Us to initiate this process. Termination will not excuse You of further payment. Upon confirmation of Your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and You agree to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.

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CURRENCY

All payments will be processed in the local currency, or if not specified at checkout, in Australian Dollars $AUD.

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ORDER REVERSAL OR CANCELLATION

We reserve the right to refuse to fulfill any order placed on Our website, in part or in full, and will issue a refund accordingly. We reserve the right to limit or cancel quantities purchased by any given user or household at our sole discretion. We may restrict order quantities based on personal data provided by You, such as orders placed under the same customer account, orders placed on the same payment method, and/or orders that use the same billing and/or shipping address.​

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COMMUNICATION

MissCreative Design Studio™ is an online business with all communications being conducted via email or zoom only, this enables efficiency with less room for error due to the written/recorded nature of these communication styles. We do not communicate via phone calls or text messages.

Contactable hours are advised at the beginning of each design project. MissCreative Design Studio™ will not respond to emails or zoom requests outside of our working hours; this includes excessive/spam requests. All communications and interactions between the studio and Clients are to be done in a professional and safe manner.

MissCreative Design Studio™ has the right to refuse and cancel orders at any time in which either party feels threatened or vulnerable.

Any communications made through Our ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on Our website, servers, comments, emails, or other media as allowed by Our jurisdiction’s laws, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how We store and use Your communications or any data provided by You in those communications, please refer to Our Privacy Policy.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of Our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libellous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.​

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LINKS TO OTHER WEBSITES

www.misscreative.design may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between www.misscreative.design and the owners of those websites. www.misscreative.design takes no responsibility for any of the content found on the linked websites.​

www.misscreative.design’s website may contain information or advertisements provided by third parties for which www.misscreative.design accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.

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EARNINGS​ ​DISCLAIMER

​You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches Our Offering(s) with different backgrounds, disposable income levels, motivation, and other factors that are outside of Our control. Therefore, We cannot guarantee Your success merely upon access or purchase of Our Offering(s) or related material(s).​​

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GENERAL DISCLAIMER

To the fullest extent permitted by law, www.misscreative.design absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. www.misscreative.design gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.​

Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.

It is your sole responsibility and not the responsibility of www.misscreative.design to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.​​

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THIRD PARTIES DISCLAIMER

We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.​

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YOUR PRIVACY

At www.misscreative.design, we are committed to protecting your privacy. We use the information we collect about you to maximise the services that we provide to you. We respect the privacy and confidentiality of the information provided by you and adhere to the Australian Privacy Principles. Please read our separate Privacy Policy carefully.​

You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. www.misscreative.design’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

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DISCLOSURE OF INFORMATION

www.misscreative.design may be required, in certain circumstances, to disclose information in good faith and where www.misscreative.design is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.

You acknowledge and agree that We are not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including You.​

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EXCLUSION OF COMPETITORS

If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of www.misscreative.design. www.misscreative.design expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then www.misscreative.design will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. www.misscreative.design reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.​

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COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.​

www.misscreative.design expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.​

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.​

The name 'MissCreative Design Studio' is trademarked by us. To find out more please visit this link https://search.ipaustralia.gov.au/trademarks/search/view/1920345?q=misscreative​​

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WARRANTIES​ ​DISCLAIMER

​WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.

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TECHNOLOGY​ ​DISCLAIMER

​We make reasonable efforts to provide You with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge Our lack of responsibility for said failure, and while We will make reasonable efforts to support You, some technological issues are far outside Our control and will require You to access support from a third-party provider. To be clear, you hold Us harmless from any claims arising out of any technological failure except in the unforeseen case of gross negligence, as determined by industry standards.

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EXCLUSION OF UNENFORCEABLE TERMS

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.

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NO RESELLING OR DISTRIBUTION OF OUR PRODUCTS

We expressly prohibit orders that, in Our sole discretion, appear to be placed in an attempt to resell Our products. We expressly prohibit orders placed by resellers, dealers, distributors or wholesalers and will ban Your access to Our site in any lawful way possible if we discover your prohibited use(s).

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DISPUTE​ ​RESOLUTION

​If You and Our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

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NON-DISPARAGEMENT

​If You are found to be slandering, libelling, or otherwise disparaging Our Company, Offering(s), or related materials at Our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm Our Company.​

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GRAPHIC DESIGN SERVICES
To engage our services, a formal quote must be agreed. All proposals, quotes and projects are subject to the client terms included in our Graphic Design Agreement.

When you engage our services, you agree that we are reliant on the information supplied by you, the client, in order to provide the services. We cannot be held responsible for any results of our services based on such client information and we cannot be held responsible for how you choose to use the outputs of our services.
Any images, graphics, photographs and other content (together “Material”) you may find on our website are owned by us or may have been created by us for our clients with permission to reproduce on our website. At no time are you permitted to copy, download, share or otherwise use this Material for any purpose. All Material on our website is copyright protected.​

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SECURITY

It is Your responsibility to secure Your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. To the best of Our abilities, We do not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors such as Stripe, Paypal, or other third party payment processors, as selected by You at checkout. ​By utilizing these payment processors to gain access to the Offering, You indemnify Us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.

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CONFIDENTIALITY

​You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

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ASSUMPTION​ ​OF​ ​RISK

​By accessing Our Offering and/or related materials, whether paid or unpaid, You assume all the risk of Your access and any subsequent actions You choose to take as a result of the influence, information, or educational materials provided to You.

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ERRORS​ ​AND​ ​OMISSIONS

​We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in Our Offering(s). We are not liable for any inaccuracies, errors, or reliance on personal opinions contained in Our Offering(s) or related material(s).

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WHOLE AGREEMENT

These terms and conditions represent the whole agreement between you and www.misscreative.design concerning your use and access to www.misscreative.design’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.

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JURISDICTION

This agreement and this website are subject to the laws of QLD and Australia. If there is a dispute between you and www.misscreative.design that results in litigation then you must submit to the jurisdiction of the courts of QLD.

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CONSENT

By using Our website, You hereby consent to Our Terms and Conditions of Use and Privacy Policy.

If You require any more information or have any questions about Our Terms and Conditions of Use, or Our Privacy Policy, please feel free to contact Us by email.

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ALL​ ​RIGHTS​ ​RESERVED​

All rights not expressly granted in these Terms and Conditions of Use and Privacy Policy or any express written here, are reserved by Company.

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SEVERABILITY

If any part of these Terms and Conditions of Use and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.