Terms of Use

MAGI Web Design Terms of Service

 

1. Terms

By accessing the website at https://www.magiwebdesign.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Unless otherwise stated, permissions are granted to download one copy of the materials (information or software) on MAGI Web Design’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on MAGI Web Design’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MAGI Web Design at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Digital Products

The following terms in this “Digital Products” section reflect digital products for sale in our online shop at MAGI Web Design, and in no way reflect the custom terms created by MAGI Web Design for clients of our web development and marketing services.

  1. Payments — PayPal and Stripe transactions are the only current methods of payment for digital products in our online shop. Our terms are payment in full upon a digital transaction. All goods remain the property of MAGI Web Design until paid for in full.
  2. Subscriptions — Unless otherwise stated, our digital products are on yearly recurring subscriptions (excluding Lifetime licenses of a product). By purchasing our digital products, you agree for us to automatically charge your payment method again on the anniversary of your original purchase date. Automatic renewals are turned on by default, but can be turned off from within your MAGI Web Design customer account.
  3. Cancellation / Refund Policy — Due to the nature of the digital products offered on this website, we reserve the right to not offer a refund because it is impossible for you to return the item(s) purchased, and therefore impossible for us to prevent fraud. In the case of software being faulty in nature, our liability is limited to the full purchase price of the item in question and we will ask for full disclosure as to the reason the product does not reach your expectations. It is made clear at this point that some knowledge of WordPress, and the Divi theme, as well as Web related skills are necessary to fully take advantage of our digital products unless otherwise stated. For service providers that you source through this website, we recommend that you inform yourself of their refund policy. Additionally, we cannot offer refunds on renewals, as customers have one year to login and cancel the automatic renewal.
  4. Support Policy — MAGI Web Design provides support services for its digital products to customers with active product licenses. Support is provided via the MAGI Web Design support portal, a support ticketing email system. Upon license expiration or account closure, a customers’ access to support is terminated. MAGI Web Design provides support for its own digital products only. We do not provide support for 3rd party products or services, nor do we provide support for our own products when obtained through 3rd parties, unless through an authorized 3rd party marketplace. Our digital products are provided as is. We do not provide support with product customization, alteration or feature addition, nor do we guarantee that our products will be compatible with 3rd party software or services.

4. Disclaimer

  1. The materials on MAGI Web Design’s website are provided on an ‘as is’ basis. MAGI Web Design makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, MAGI Web Design does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall MAGI Web Design or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on MAGI Web Design’s website, even if MAGI Web Design or a MAGI Web Design authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Accuracy of materials

The materials appearing on MAGI Web Design website could include technical, typographical, or photographic errors. MAGI Web Design does not warrant that any of the materials on its website are accurate, complete or current. MAGI Web Design may make changes to the materials contained on its website at any time without notice. However MAGI Web Design does not make any commitment to update the materials.

7. Links

MAGI Web Design has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MAGI Web Design of the site. Use of any such linked website is at the user’s own risk.

8. Modifications

MAGI Web Design may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

9. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Ontario and you irrevocably submit to the exclusive jurisdiction of the courts in Ontario, Canada.

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