Overview
This Website is owned and operated by Rebecca Montjoy, also known as 501 Digital Studio (collectively and individually referred to as ‘501 Digital Studio’, ‘We’, ‘Our’, or ‘Us’).
Please read these Terms and Conditions (‘Terms’) carefully prior to purchase, use, or access of any of Our services, including Our online products (‘Products’). These Terms along with Our Website Terms and Conditions, and Our Privacy Policy (‘the Terms’), apply to all Website visitors, subscribers, clients, customers, and all other Users of the Website (‘User’, ‘You’ and ‘Your’) and set out the information relating to Your use and enjoyment of the Products.
These Terms are a legal agreement between You and Us, and by accessing Our Products, You agree to be bound by these Terms.
By using this Website, accessing or purchasing any Products, You warrant that:
1. You are over 18 years of age and have the legal capacity to enter into a binding contract;
2. have read and accepted these Terms; and
3. will comply with these Terms.
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date We post the revised version on this Website. It is Your responsibility to review these Terms prior to use and periodically throughout Your use of Our Website and services. If at any time You choose not to accept these Terms, You should not use this Website or access the Products/Courses.
By continuing to access this Website and the Products You are deemed to accept any modifications or amendments of these Terms. You may also accept these terms where You click 'Agree' or 'Accept' or 'Buy' where such an option is made available to You during Your use of the Website. If you’re uncertain about the Terms or anything else on Our Website, please don’t hesitate to contact Us before completing any purchase.
Product Access and Fees
The Product is owned and provided by Us and these Terms set out how You are allowed to access and use Our Products.
You may apply to access the Products by completing the form and paying the Products Fee on Our website [https://www.etsy.com/shop/501DigitalStudio] (‘Website’). You agree to provide accurate, current and complete information about yourself as requested or directed on the Website, and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate Your Product access if We suspect that such information is inaccurate or incomplete.
Your Product commences when Your application has been accepted by Us, or a date specified on Our Website and You pay the price as displayed on Our Website and in accordance with these Terms ('Product Fees').
We may review and approve or deny Your Product application at Our sole discretion.
Your Product access continues until terminated in accordance with these Terms.
Method of Payment
All prices are in United States Dollars. You will pay Us the Product Fees in full upfront as set out on Our Website:
1. by electronic funds to an account nominated by Us or by any other method nominated by Us; and
2. on the date that the Fees become due.
Refund Policy
Due to the digital nature of the products sold on this site and immediate access to all materials granted at the time of purchase, no refunds are provided under any circumstances. If you have an issue, or a question about your order, please contact info@501digitalstudio.com
Product Entitlements and Complaint Procedures
Product entitlements
You are granted access to this Product until such time as these Terms are terminated or the Product is taken down. If the Product is taken down, We will provide You with 30 days' notice.
Complaints Procedure
The parties acknowledge and agree that the process set out below will apply to any complaints and both parties agree that they must not engage in any communications or behavior with any third party (public or private), including but not limited to social media channels designed to be derogatory or negative of the other party.
We are committed to providing a high standard of service. If You have any concerns or are dissatisfied with the service You have received and wish to raise a complaint, then please submit Your complaint to info@501digitalstudio.com, which can be accessed at any time.
Any complaint submitted in accordance with the provision set out immediately above must include the following information at a minimum:
1. Your name;
2. the email address You used to purchase the Product;
3. details of Your concern or complaint;
4. details of what You would like Us to do to resolve the matter; and
5. copies of any relevant correspondence.
We will provide You with an acknowledgment of Your complaint within 5 business days of receipt. We will aim to resolve Your complaint within 14 business days of receipt. If We are unable to address the complaint within 14 business days, then We will write to You to explain what is happening with Your complaint.
Any unresolved dispute arising out of or related to this Agreement or your use of this site shall be construed with and governed by the laws of the State of Washington, and shall be resolved exclusively by courts in King County, Washington applying Washington law, to the exclusion of all other courts of any jurisdiction in any other state or country. You agree to waive any objections as to personal jurisdiction or venue and as to any claimed inconvenience of the chosen forum.
Intellectual Property Rights and Testimonials
We retain ownership of all Intellectual Property Rights (including Moral Rights) in the Product Materials.
To the extent required for use of the Product, You are granted a non-exclusive, non-transferable, single-use, limited license to access and use the Product Materials for Your own personal use and:
1. it may only be used for the purposes set out in the Terms, as part of Your access to the Product;
2. You may not assign or transfer Your membership of the Product to any other person without Our express written consent; and
3. You will not sub-license, publish, sell, or otherwise provide it or allow it to be used by third parties.
Except as otherwise provided, You acknowledge and agree that You have no right to reproduce, create derivative works of, reverse engineer, alter, sell, enhance or in any way exploit any of the Product Materials in any manner whatsoever except as authorized by us.
Your use of the Product/Course Materials may also be subject to Our Website Terms and Conditions and Privacy Policy.
In addition to any other legal rights and remedies, We reserve the right to remove access to the Product and Product Material without refund and to pursue all legal remedies if You infringe Our intellectual property rights.
Where You have provided testimonials (in any format), We may use those testimonials to refer to You in Our websites, and other media (including social media channels) for the sole purpose of promoting Our Product.
For the purposes of these Terms, ‘Product Materials’ means all tools developed and/or utilized by Us in provision of the Product, including, without limitation, digital products (including templates).
Termination
We may terminate these Terms with immediate effect, by giving You written notice if:
1. You do not pay the Product Fees when due;
2. You fail to comply with any of the provisions of these Terms or otherwise breach any undertaking, warranty or obligation under these Terms;
3. You infringe Our intellectual property;
4. engaging in conduct injurious or potentially harmful to Our reputation;
5. disclosing Confidential Information without consent.
6. You fail to conform or abide by Our applicable rules, policies or procedures;
7. Your actions are contrary to Our interests; or
8. We consider that mutual trust and/or confidence no longer exists.
If We terminate Your Product, We may, but are not obliged to refund any prorated balance of the Product Fee already paid by You and access to the Product will be immediately terminated.
Confidentiality
We will not disclose any information You provide except as set out in these Terms. It is a condition of purchasing the Product that You agree to respect the privacy of Our confidential information. Additionally, You must not under any circumstances, share any details in the content of the Product as the content contains Our intellectual property including templates, workbooks, processes, and other information. You acknowledge and agree that You will not share the information provided to You as part of the Product with anyone other than Us.
However, these obligations of confidentiality do not apply to any disclosure that:
1. is for the purpose of performing the Terms or exercising a party’s right under the Terms.
2. is required by Applicable Law.
3. relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a third party without restriction and without breach of any obligation of confidence.
Prohibited Use
In addition to any other prohibitions, You must not, under any circumstances use the Website or its content:
1. for any unlawful purpose;
2. if You or Your business in any way competes with Our business;
3. to solicit others to perform or participate in any unlawful acts;
4. to violate any international, federal, or state regulations, rules, laws, or local ordinances;
5. attempt to change, remove, deface, hack or otherwise interfere with this Website or any material or content displayed on the Website;
6. hack into any aspect of the Service; corrupt data; cause annoyance to other Users;
7. infringe upon the rights of any other person's proprietary rights;
8. send any unsolicited advertising or promotional material, commonly referred to as 'spam'; or
9. attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Disclaimers, Warranties and Indemnities
You and We agree that:
1. The Website, Products, and Product Material are provided on an ‘as is' basis;
2. You use the Website and Products at Your own risk;
3. You are responsible for maintaining the security of Your account and access to the Website and Product including by maintaining the security of Your password and account log-in details;
4. We cannot guarantee and We do not promise any specific results from the use of the Product.
5. We cannot provide any advice without considering Your personal circumstances before Your use of the Product.
6. We are not responsible for any information that You have used from Our Website before the Product has been purchased.
7. Any success You gain, will be dependent on Your own efforts, commitment, motivation and intent to follow through. Under no circumstances, can We guarantee a particular result. You acknowledge and agree that results may differ from person to person. Each person’s individual success is completely dependent on their personal background, dedication, drive and motivation to succeed as well as many other additional factors. You acknowledge and agree that when You purchase any product and /or service, that results may vary as there are too many variables to guarantee success. Any client reviews, statements or examples advertised or available on Our Website or via any content We communicate with You (including any newsletter, social media or other advertising), are merely examples of what can be possible.
7. This Product may have content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account Your specific needs or circumstances.
We do not accept responsibility for determining whether Our products and/or services are appropriate for you. It is for educational and informational use. We reserve the right to deny service and refund the cost of that product and/or service for any reason including where We believe that the product and/or service would be dangerous or would not be appropriate for you, or We believe that further professional advice should be sought.
8. Every effort has been made to accurately represent this product/service and it’s potential. In terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in this material or on this website. Information presented on this website and Products is not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas, and techniques.
We have tried to ensure that information provided on the Website and Products is accurate. However, we make no representation and give no warranty of any kind in respect of the information.
We do not accept liability for any loss (direct, indirect, or consequential) that may arise from reliance on information contained in the Web Site or in respect of any error or omission, except in relation to death or personal injury caused by our negligence.
We shall not be responsible or liable for any loss or damage resulting from Your Product, except as expressly permitted by law and as set out in these Terms.
You will indemnify Us against all loss, cost, damage or expense (including Our legal costs and associated costs of investigations and enforcement) directly or indirectly related to Your breach of these Terms.
Without limiting this clause, We will not be liable to You for any liability or claim of any kind arising directly or indirectly (whether under statute, contract, tort, negligence, or otherwise) resulting from:
1. the use or inability to use the Product;
2. Your failure to maintain the security of Your account;
3. statements or conduct of any third party; or
4. Your reliance on the recommendations and suggestions of any third party or Product participant.
Privacy Policy
When You purchase Your Product, We will require You to provide Us with certain personal information about You. Your privacy is extremely important to Us and We take Your privacy seriously. We will only use the personal information provided by You to Us strictly for the purposes of providing You with Our Product services and to market to You with Your consent. Where You wish to withdraw Your consent, You can unsubscribe within the body of any email We send or inform Us via email. We will disclose and deal with Your information in accordance with Our privacy policy which You can access at any time. here
Electronic Communications and Electronic Signatures
These Terms will become binding when You agree to these Terms, including by clicking 'I consent' or 'I agree' or similar, or by purchasing and/ or using the Product
Validity
Whenever possible, each provision of these Terms will be interpreted in such a manner as to be effective and valid under Applicable Law, but if any provision of these Terms is held invalid or unenforceable, the remainder of these Terms will nevertheless remain in full force and effect and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
Assignment
You cannot assign these Terms or otherwise deal with the benefit of it or a right under it without Our prior written consent. We may assign or novate the Terms or otherwise deal with the benefit of it or right under it without Your consent.
Entire Agreement
These Terms constitute Our entire agreement with You about the subject matter and supersedes all previous agreements, understanding, and negotiations on that subject matter.
Governing Law and Jurisdiction
The formation, construction, performance, and enforcement of these Terms will be in accordance with the laws in force in King County, Washington in which We are located. You and We submit to the non-exclusive jurisdiction of the courts of that jurisdiction.