Terms & Conditions for Hello Magic Studio

Last Updated on 2 May 2023

This website belongs to Hello Magic Studio, an Australian sole trading company owned and operated by Sinead Easdon. Our principal place of business is located at 311/35 Malcolm Street, South Yarra 3141 VIC, Australia.

NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products,​ ​including​ ​online​ ​courses. By viewing this website or anything made available on or through this website, including but not limited to programs, products, templates, services, opt-ins, e-books, videos, webinars, blog posts, newsletters, e-mails, social media and/or other communication (collectively referred to as “website”), you are agreeing to accept all parts of these Terms & Conditions. Thus, if you do not agree to the Terms below, STOP now, and do not access or use this website.


General Provisions

You must be at least sixteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The Terms and Conditions contained on this page are subject to change at any time.


Terms​ ​of​ ​​Service​ ​or​ ​Product​ ​Purchaser​ ​Agreement

All programs, products and services ​are owned and provided by Hello Magic Studio (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). 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 hello@hellomagic ​and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).


Your​ ​Product​ ​or​ ​Service​ ​Use​ ​and​ ​Consent 

When you purchased our Offering, you were given reasonable notice that these Terms and Conditions of Use existed. By moving forward with your purchase of the Offering and further access to 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 age in your applicable jurisdiction to access the Offering. Access to 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.


Intellectual Property Notice

All images, text, designs, graphics, trademarks and service marks are owned by and property of Hello Magic Studio, 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 use our intellectual property with clear and obvious credit back to our site, as well as links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.


Request​ ​for​ ​Permission​ ​to​ ​Use​ ​Content ​

If you wish to use, publish or access any of our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by emailing Us at hello@hellomagic.io.


Civil​ ​and​ ​Criminal​ ​Penalties

Even though our Offerings are not necessarily something you can physically hold in your hand and walk away with, it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statutes in any jurisdiction allowed. 


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 licence 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. 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 licence 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. 


Model​ ​Release

You​ ​must​ ​own​ ​the​ ​copyright​ ​to​ ​any​ ​image(s)​ ​You​ ​use​ ​by​ ​default​ ​or voluntarily​ ​on​ ​our​ ​platforms​ ​or​ ​in​ ​our​ ​Offerings​ ​or​ ​related​ ​materials.​ ​You​ ​grant​ ​Us​ ​a commercial​ ​licence​ ​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​ ​our Offerings,​ ​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.


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.


Security

It is Your responsibility to secure your username and password from theft or any other means of unauthorised use that would violate these Terms and Conditions of Use. 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 Shopify. By utilising 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.


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. 


Assumption​ ​of​ ​Risk

​By accessing our Offerings 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.


Your Communications

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 are not held privileged or confidential and are 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 Australian law, 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 on this page.

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.


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).


Indemnification

​​​You ​​agree​​ at ​​all​​ times​​ to​​ indemnify​​ and ​​hold​​ harmless​​ our​​ Company, ​​as well​ ​as​ ​any​ ​of​ ​our​ ​affiliates,​ ​agents,​ ​contractors,​ ​officers,​ ​directors,​ ​shareholders, employees,​ ​joint​ ​venture​ ​partners,​ ​successors,​ ​transferees,​ ​assignees,​ ​and​ ​licensees,​ ​as applicable,​ ​from​ ​and​ ​against​ ​any​ ​and​ ​all​ ​claims,​ ​causes​ ​of​ ​action,​ ​damages,​ ​liabilities, costs​ ​and​ ​expenses,​ ​including​ ​legal​ ​fees​ ​and​ ​expenses,​ ​arising​ ​out​ ​of​ ​or​ ​related​ ​to​ ​our Offering(s)​ .


Limitation​ ​of​ ​Liability

​​​We​ ​will​ ​not​ ​be​ ​held​ ​responsible​ ​or​ ​liable​ ​in​ ​any​ ​way​ ​for​ ​the information,​ ​products​ ​or​ ​materials​ ​that​ ​you​ ​request​ ​or​ ​receive​ ​through​ ​or​ ​in​ ​relation​ ​to​ ​our Offering(s).​ ​We​ ​do​ ​not​ ​assume​ ​liability​ ​for​ ​any​ ​third​ ​party​ ​conduct,​ ​accidents,​ ​delays,​ ​harm or​ ​other​ ​detrimental​ ​or​ ​negative​ ​outcomes​ ​as​ ​a​ ​result​ ​of​ ​Your​ ​access​ ​of​ ​our​ ​Offering(s) and​ ​related​ ​material(s).


Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.


Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user access to our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).


Financial​ ​Considerations

Due to the nature of the services and/or products provided, refunds will not be given unless otherwise specified in writing. Hello Magic Studio reserves the right to charge a $50 late fee after a 3 day grace period of when payments are due. If payments are delinquent beyond 30 days, the project balance will be immediately DUE IN FULL. If payment delinquency goes beyond 45 days, the balance will be submitted for collection.

After 45 days of outstanding payment, Hello Magic Studio reserves the right to send you to collections, upon which you will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.


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.


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.


Entire Agreement

Before you register with our website or make any purchases therefrom, you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.


Severability

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


Law and Jurisdiction

These Terms, Conditions, Privacy Policy and Disclaimers are governed by and construed in accordance with Australian law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Victoria, Australia.


Consent

By using our website, you hereby consent to our Terms and Conditions of Use. If you require any more information or have any questions about our Terms, Conditions, Privacy Policy, or Disclaimers, please feel free to contact us by email at hello@hellomagic.io.


All​ ​Rights​ ​Reserved​

All rights not expressly granted in these Terms and Conditions of Use or any express written here are reserved by Hello Magic Studio.


Terms and Conditions of Use

Limited​ ​Licence: ​ Any and all materials, paid or free, that You access on this or any related domains that contain our Offerings are under the sole ownership or licensed use of Hello Magic Studio.

To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable licence for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this licence, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole. 

You​ ​may: 

- Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member) 

- Download and/or print any Offering materials for your personal use in your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)

- Use our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Hello Magic Studio as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™. 

You​ ​may​ ​not: 

- Re-sell or trade Your access to the Offering

- Share the Offering with anyone else who has not yet purchased it or opted in to receive it 

- Reprint or republish any of the Offering, in part or in whole 

- Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing 

- Reproduce and tweak any part or whole of the Offering for distribution as your own work 

- Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials) 

- Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

Terms & Conditions