Terms and Conditions
THESE TERMS AND CONDITIONS (the "Terms and Conditions") constitutes a legally binding agreement by and between Hcmza and the client, whether personally or on behalf of an entity ("Client"), with regard to access and use Hcmza's website: https://www.hcmza.com/ (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and abide by all the terms, conditions, and obligations contained herein results in the immediate prohibition of the Client's use of the website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Hcmza shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Hcmza for services rendered shall remain and continue to be an ongoing obligation owed by Client to Hcmza
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1. Intellectual Property Rights
All Content published and made available on the Website is the property of Hcmza. This includes but is not limited to: images, text, logos, documents, downloadable files, and anything that cntributes to the composition of the Website. No part of the Website may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Hcmza’s express prior written permission. Hcmza reserves all rights in the Website and all content.
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2. Ownership of Materials
All design and original files created on the Client's behalf ("Projects") belong to the Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Hcmza to become the owner of a Project, in whole or in part, rather than Client, Hcmza irrevocably and perpetually assigns its entire interest in the Projects to Client, without limitation. Client warrants that any and all materials provided to Hcmza as examples or as material to be incorporated into Projects during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Hcmza always reserves the right to share the Client's design work publicy. This includes but is not limited to: social media, website, presentations) unless agreed upon as stated in section 14 of this document.
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3. Third Party Fonts
In the event that any Project incorporates fonts that are not owned by Hcmza and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Hcmza will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Hcmza has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
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4. User Representations
By using the Website, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms and Conditions; Client is not a minor in the jurisdiction of their domicile; Client will not access the Website through automated or non-human means; Client will not use the Website for any illegal or unauthorized purpose; Client’s use of the Website will not violate any applicable law or regulation.
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5. Acceptable Use
As a user of the Website, the Client agrees to use the Webite legally and for its intended use, not to use the Website for illegal purposes and not to: compile or retrieve data for any purpose, including that of creating or compiling a database; harass or mistreate other users of the Website; violate the intelletual property rights of The Website owners or any third part on the Website; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead Hcmza or other users; Interfere with, disrupt or create an undue burden on the Website or Hcmza’s networks or servers; Harass or threaten any of Hcmza’s employees, independent contractors or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
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6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Hcmza and Hcmza is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission unless agreed upon as stated in section 14 of this document. Hcmza shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Hcmza for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
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7. Management and Oversite
Hcmza reserves the right to monitor the Website for violations of these Terms and Conditions and to take appropriate legal action in response to a violation of the Terms and Conditions or any applicable law, statute or regulation. Hcmza further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Hcmza, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Hcmza and shall be designed to protect Hcmza’s rights and property.
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8. Refund Policy
Due to the highly personalized service provided, Hcmza reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. If a refund is requested in the first 24 hours of sign up, Hcmza reserves the right to deem whether a refund is appropriate. If a refund is provided, then the Client is prohibited from using all materials provided by Hcmza in any way.
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9. Governing Law
These Terms and Conditions and any separate agreements whereby we provide you service shall be governed by and construed in accordance with the laws of Canada.
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10. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Hcmza disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Hcmza makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Hcmza assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Hcmza’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Hcmza does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
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11. Limitations of Liability and Indemnification
Hcmza and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website.Client agrees to defend, indemnify and hold harmless, Hcmza and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors 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 Website; (2) breach of these Terms and Conditions; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Hcmza reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Hcmza here under. Client agrees to cooperate with the defense of such claims.
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12. User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Hcmza shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Hcmza from any such loss or corruption.
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13. Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from Hcmza and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Hcmza or through the Website. Client hereby waives any rights or requirements under any statutes, 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.
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14. Showcasing Design Work
Hcmza reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Hcmza, which in turn would void the right of Hcmza to share or discuss Client's work publicly.
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15. Miscellaneous
These Terms and Conditions and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Hcmza. Failure of Hcmza to enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision or part of these Terms and Conditions is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms and Conditions but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms and Conditions or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Hcmza.
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Contact Information
For any questions or complaints regarding the Website, please contact Hcmza at: hamzasiddiqui30011@gmail.com