Terms of service

Welcome to the MiavaCreations website. The Terms and Conditions outlined here establish the guidelines for the interaction between users and MiavaCreations. By using our services, it is understood that you have reviewed and comprehended these Terms and Conditions, thereby agreeing to abide by them throughout your engagement with our brand.

This website is owned and operated by Miavacreations. Throughout the site, the terms “we”, “us”, “our” and "Services" refer to Miavacreations. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. Miavacreations offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By using our website and services, you agree to comply with the following terms and conditions ("Terms of Service"). These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.

We operate the website http://www.miavacreations.com.au (the 'Site'), as well as any other related products and services that refer or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you'), and Miavacreations, concerning your access to and use of the Services. You agree that by accessing the Services, you have read understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE IMMEDIATELY.

Before accessing or using our website, please carefully read these Terms of Service. If you do not agree with all the terms and conditions outlined in this agreement, you may not access the website or use any services. By accessing or using any part of the site, you are acknowledging and accepting these Terms of Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the 'Last updates' date of these Legal Terms, and you waive any right to receive specific notice of each change. It is your responsibility to periodically review these Legal Terms to stay informed for updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

In addition to the existing features and tools, any new additions to the store will also be subject to these Terms of Service. The latest version of the Terms of Service can be viewed on this page at any time. We reserve the right to update, modify, or replace any portion of these Terms of Service by posting changes on our website. It is your responsibility to check this page periodically for any updates. Your continued use or access to the website following the posting of any changes constitutes your acceptance of those changes.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

1. OUR SERVICES

By accepting these Terms of Service, you confirm that you are of legal age in your state or province of residence or that you are of legal age and have obtained the necessary consent to allow any minor dependents to use this site.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to extent local laws are applicable.

You agree not to use our products for any unlawful or unauthorised purpose, and you will comply with all applicable laws in your jurisdiction, including copyright laws.

It is strictly prohibited to transmit any viruses, or any malicious code that may cause harm.

Any breach or violation of these Terms will lead to an immediate termination of the services provided to you.

2. INTELLECTUAL PROPERTY RIGHTS

The content and Marks are provided in or through the Services 'AS IS' for your personal, non-commercial use or internal business purpose only.

Subject to your compliance with these Legal Terms, including the 'Prohibited Activities' section below, we grant you a non-exclusive, non-transferable, revocable license to:

· access the Services; and

· download or print a copy of any portion of the Content to which you have properly gained access.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: miavacreations@outlook.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the 'PROHIBITED ACTIVITIES' section carefully prior to using our Services to understand the (a) rights you give us and (b) obligation you have when you contact us, post, upload any content through the Services and send an email to us.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitles to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

You are responsible for what you post, upload, email or contact us: By sending us Submissions through any part of the Services you:

· confirm that you have red and agree with our 'PROHIBITED ACTIVITIES' and will not post, send, publish, upload or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

· to the extent permissible by the applicable law, waive any and all moral rights to any such Submission;

· warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and

· warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You acknowledge that your content, excluding credit card information, may be transmitted unencrypted and may undergo (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including the use of the Service or access to the Service, or any contact on the website through which the service is provided, without our express written permission.

The headings used in this agreement are for convenience purposes only and will not limit or affect these Terms in any way.

USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorised purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not accurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

USER REGISTRATION

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

OUR PRODUCTS

PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and details of the product available on the Services. However, we do not guarantee that the colours, features, specifications, and details of the products, will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We do our best to ensure that the images and descriptions of our products are accurate. However, we cannot be liable for differences in color or appearance that may be attributed to variations in the calibration of your computer monitor or handheld device compared to the actual color of our products.

Additionally, as our items are handcrafted, they may differ slightly from product to product. Any variation in colour, design, or other aspects is not considered a fault but rather reflects the uniqueness of each item.

TURNAROUND TIME

All orders are custom made, and the turnaround time is approximately 1-2 weeks, especially during peak seasons. If your order is urgent, please contact us at miavacreations@outlook.com or Direct Message us on Instagram to inquire if we can accommodate your request. We are usually very accommodating however please be mindful that in peak seasons such as Easter, Christmas, Eid, etc. we may not be able to cater to last minute orders.

PAYMENT

You agree to provide current, complete, and accurate purchase information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases deemed required by us. We may change prices at any time. All payments shall be in AUD.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

We utilise PayPal for secure online payments, offering you one of the safest options on the internet. It's important to note that a PayPal account is not mandatory; you can still checkout and pay with major credit and debit cards such as Visa, MasterCard, Maestro, and American Express.

Please be aware that any delays in payment clearance are beyond our control, and orders will only be shipped upon receiving full payment. We cannot assure the availability of your selected items if payment clearance is delayed or if payment cannot be processed for any reason.

All prices displayed in our store are denoted in Australian Dollars (AUD).

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We cannot guarantee that the information provided on this site is always accurate, complete, or up to date. The material presented on this site is intended for general information purposes only and should not be solely relied upon for making decisions. It is advisable to consult primary, more accurate, complete, or timely sources of information before making any decisions. Your reliance on the material on this site is at your own risk.

This site may include historical information that is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, without any obligation to update the information. You agree that it is your responsibility to stay informed of any changes or updates made to our site.

ORDERS

When you have selected your desired product from our website, click the "Add to Cart" button for each item you wish to purchase. Once the products are in your cart, you can proceed to our secure checkout process.

After your order is complete, you will receive a confirmation email from us. If you do not receive this email or if any details are incorrect, please contact us immediately. Again, you can use our email miavacreations@outlook.com or Direct Message us on Instagram.

CANCELLATION POLICY

Before finalising your checkout, please double-check your order. Once your order is confirmed, we are unable to accept cancellations. However, we are happy to assist you in any way we can in the selection of your items. If you are concerned or have any issues send us an email at miavacreations@outlook.com or DM us on Instagram.

RETURNS, EXCHANGES, AND REFUNDS

Please review our Return Policy prior to making any purchases.

MiavaCreations cannot take responsibility for lost or damaged mail once it has left our care. We also do not offer refunds or exchanges on personalised and custom orders. As these are personalised items and cannot be sold again.

Should your item arrive damaged, kindly reach out to us within 48 hours, providing your order number along with photographs and descriptions depicting the damage exactly as received. We will evaluate each case individually, exercising discretion to determine if the item can be returned and replaced or repaired based on the extent of the damage.

It is crucial to note that we will not accept damaged returns if you have not notified us via email and submitted relevant photographs within the specified 48-hour timeframe after receiving your order.

In cases where repair or replacement is deemed necessary, the original item must be returned to us in unused condition, including all original packaging. All costs associated with return shipping are the responsibility of the customer. We recommend careful repackaging of the item to prevent damage during delivery and suggest using a tracked or registered mail carrier for your peace of mind.

Please retain proof of postage until we have confirmed that your replacement has been processed.

We reserve the right to refuse returns if they do not meet the conditions mentioned above.

Refunds and replacements will not be offered if the customer:

Decides they do not like the purchase or do not have a use for it
Simply changes their mind
Has not followed the provided product care instructions

As our products are made-to-order according to each customer's specifications, changes and requests for returns or remakes due to personalization errors or changes of mind are not possible. However, we understand that mistakes happen, and where possible, we will try to assist with an affordable solution if we are notified within the specified time period mentioned above.

If your order is incorrect for any reason, please contact us within 48 hours with your order number, photographs, and descriptions of what you have received.

PRODUCT CARE INSTRUCTIONS

Please take note of the care instructions to ensure the longevity of your MiavaCreations products.

We encourage you to follow all product care guidelines listed on our website, in the product description, or that accompany your product. Take all reasonable precautions to ensure the long life and quality of your items. If you require any further information regarding the long-term care of your particular product, please contact us at MiavaCreations miavacreations@outlook.com or send us a DM on Instagram.

POSTAGE

MiavaCreations ships orders within Australia.

All of our products are made to order. Please allow up to one to two weeks for your order to be completed before postage, especially during non-peak periods.

Once your order has been shipped, MiavaCreations cannot accept responsibility for loss or any damage to your package. Please note that MiavaCreations cannot be held responsible for postage delays that occur after your order has left our care.

Shipping includes careful packaging of delicate items and delivery through Australia Post. Prices are determined by a flat rate fee unless stated otherwise by MiavaCreations. Please note that all packages will be left in a safe place determined by the delivery driver if no specific delivery instructions have been provided by you.

Once your order has been shipped, MiavaCreations cannot accept responsibility for loss or any damage to your package.

If any item in your parcel was damaged during postage and you would like to submit a claim for compensation, we recommend doing so within a 48-hour period after receiving your order.

While MiavaCreations cannot take any responsibility for lost or damaged mail once it has left our care, we are here to help. If you require any assistance with any of the above, please do not hesitate to get in touch with us.

OUR SERVICE

We retain the right to decline service to individuals if we believe they are misusing our services or engaging in unlawful activities.

Moreover, we hold the right to make adjustments to our services, products, or prices without prior notice or repercussions.

For inquiries about our products or any questions you may have, feel free to reach out to us via email at miavacreations@outlook.com.

PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in the connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

· Trick defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

· Use any information obtained from the Services in order to harass, abuse, or harm another person.

· Make improper use of our support services or submit false reports of abuse or misconduct.

· Use the Services in a manner inconsistent with any applicable laws or regulations.

· Engage in unauthorised framing of or linking to the Services.

· Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifiers, impairs disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

· Delete the copyright or other proprietary rights notice from any Content.

· Attempt to impersonate another user or person or use the username of another user or person.

· Upload or Transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collections or transmission mechanism, including without limitation clear graphics interchange formats ('gifs'), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

· Interfere with or disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

· Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

· Copy or adapt the Services' software including but not limited to Flash, PHP, HTML, JavaScript or other code.

· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up part of the Services.

· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or software.

· Use a buying agent or purchasing agent to make purchases on the Services.

· Make any unauthorised use of the Services, including collection usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

· Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

· Use the Services to advertise or offer to sell goods and services.

· Sell or otherwise transfer your profile.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

CONTRIBUTION LICENCE

You and Services agree that we may access, store and process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

SERVICES MANAGEMENT

We reserve the right, but not obligation, to: (1) monitor Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict, access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Click Here To view our Privacy Policy.

TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY RESON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR CONVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATIONS. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATONS AND INTERUPPTIONS

We reserve the right to change modify, or remove the contents of the Services at any time or for any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith

GOVERNING LAW
These Legal Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia. Miavacreations and yourself irrevocably consent that the courts of Australia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Terms of Service (Legal Terms).

DISPUTE RESOLUTION

CHANGES TO TERMS OF SERVICE

You can always review the most up-to-date version of the Terms of Service on this page.

We retain the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically check our website for any changes. By continuing to use or access our website or the Service after any changes have been posted, you are indicating your acceptance of those changes.

CORRECTIONS

There may be information on the Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services any time, without prior notice.

DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TOP THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AKE NO WARRANTIES OR REPRESENTATIONS ABOU THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THERIN, (4) ANY INTERUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKEWHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY. AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALSOR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND WHY ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXCERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE (MIAVACREATIONS) OR OUR DIRECTORS, EMPLOYEES, OFFICERS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, AFFILIATES, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, INJURY, LOSS, CLAIM OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFIT, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES OR OTHER DAMAGES WHETHER BASED IN CONTRACT, TORT ( INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOT WITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. ARISING FROM YOURE USE OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATUREA, CONTRACTSM ORDERS, AND OTHER RECORDSM AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and lack of signing by the parties hereto to execute these Legal Terms.

WHOLE OF TERMS AND CONDITIONS

This document constitutes the complete set of Terms and Conditions governing the use of the MiavaCreations website. Should you have any inquiries, concerns, or need additional information about MiavaCreations, feel free to reach out to us at miavacreations@outlook.com. We are committed to assisting you to the best of our ability.

Last Updated 10 DECEMBER 2024