CREATE MAGIC™ Terms & Conditions
Last updated: 14 Jan, 2019
Welcome to Create Magic and/or its affiliates ("Create Magic") provide website features and other products and services to you when you visit or shop, use Create Magic products or services, use Create Magic applications for mobile, or use software provided by Create Magic in connection with any of the foregoing (collectively, "Create Magic Services"). Create Magic provides the Create Magic Services subject to the following conditions.


Create Magic™ - Contact Za Harricharan : za@createmagic.today or +61 (0) 418 292 780
PO Box 4287 Bay Village
NSW 2261
Australia


By using Create Magic Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Create Magic Services, and sometimes additional terms may apply. When you use a Create Magic Service (for example, your website account, shop, newsletter, email campaign, video, or mobile site) you also will be subject to the guidelines, terms and agreements applicable to that Create Magic Service ("Service Terms"). If these Terms & Conditions are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Policy and our General Data Protection Declaration (GDPR), which also govern your use of Create Magic Services, to understand our practices.

Electronic Communications

When you use any Create Magic Service, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this site or through the other Create Magic Services, such as our Message Centre, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Create Magic Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Create Magic or its content suppliers and protected by Australian and international copyright laws. The compilation of all content included in or made available through any Create Magic Service is the exclusive property of Create Magic and protected by Australian. and international copyright laws.

Trademarks

Graphics, clearings, logos, page headers, button icons, scripts, and service names included in or made available through any Create Magic Service are trademarks or trade dress of Create Magic in Australia and other countries. Create Magic's trademarks and trade dress may not be used in connection with any product or service that is not Create Magic's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Create Magic. All other trademarks not owned by Create Magic that appear in any Create Magic Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Create Magic.

Patents

One or more patents owned by Create Magic apply to the Create Magic Services and to the features and services accessible via the Create Magic Services. Portions of the Create Magic Services operate under license of one or more patents.

License and Access

Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, Create Magic or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Create Magic Services. This license does not include any resale or commercial use of any Create Magic Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Create Magic Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions or any Service Terms are reserved and retained by Create Magic or its licensors, suppliers, publishers, rights-holders, or other content providers. No Create Magic Service, nor any part of any Create Magic Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Create Magic. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Create Magic without express written consent. You may not use any meta tags or any other "hidden text" utilising Create Magic's name or trademarks without the express written consent of Create Magic. You may not misuse the Create Magic Services. You may use the Create Magic's Services only as permitted by law. The licenses granted by Create Magic terminate if you do not comply with these Terms & Conditions or any Service Terms.

Your Account

If you use any Create Magic Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Create Magic does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Create Magic Services only with involvement of a parent or guardian. Create Magic reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Reviews, Comments, Communications and Other Content

Visitors may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, testimonials, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Create Magic reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Create Magic a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Create Magic and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Create Magic for all claims resulting from content you supply. Create Magic has the right but not the obligation to monitor and edit or remove any activity or content. Create Magic takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from Create Magic are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Return, Refunds and Title

Create Magic does not take title to returned items until the item arrives at our fulfilment centre. At our discretion, a refund may be issued without requiring a return. In this situation, Create Magic does not take title to the refunded item. For more information please see our Returns Policy.

Product Descriptions

Create Magic attempts to be as accurate as possible. However, Create Magic does not warrant that product descriptions or other content of any Create Magic Service is accurate, complete, reliable, current, or error free. If a product offered by Create Magic itself is not as described, your sole remedy is to return it in unused condition following the return policy.

Pricing

With respect to items sold by Create Magic, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If the correct price of an item sold by Create Magic is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Create Magic Software Terms

In addition to these Terms & Conditions, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Create Magic Services (the "Create Magic Software").

Other Businesses

Parties other than Create Magic operate stores, provide services or sell product lines through the Create Magic Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Create Magic does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer of Warranties and Limitation of Liability

The Create Magic services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Create Magic services are provided by Create Magic on an "as is" and "as available" basis, unless otherwise specified in writing. Create Magic makes no representations or warranties of any kind, express or implied, as to the operation of the Create Magic services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Create Magic services, unless otherwise specified in writing. You expressly agree that your use of the Create Magic services is at your sole risk.

To the full extent permissible by applicable law, Create Magic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Create Magic does not warrant that the Create Magic services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Create Magic services, Create Magic's servers or electronic communications sent from Create Magic are free of viruses or other harmful components. Create Magic will not be liable for any damages of any kind arising from the use of any Create Magic service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Create Magic service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.

Please review our other policies, posted on this site. These policies also govern your use of Create Magic Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Copyright Complaints

Create Magic respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement below.

Notice and procedure for Making Claims of Copyright

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest
  • A description of the copyrighted work that you claim has been infringed
  • A description of where the material that you claim is infringing is located on the Website
  • Your address, telephone number, and e-mail address
  • A statement by you that you have a good-faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law
  • A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf
  • The Create Magic Copyright Agent for notice of claims of copyright infringement on the Website can be reached here.


Please note that this procedure is exclusively for notifying Create Magic that your copyrighted material has been infringed.
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