LEGAL

The website nicoledavidsoncreative.com (hereinafter “website”) is owned and operated by Nicole Davidson Creative (hereinafter “we” “us” “our”), a Canadian sole proprietorship located in Ontario. You (hereinafter “visitor” “you” “your”), as a visitor and/or user of our website, agree to the following Privacy Policy (hereinafter “Policy”, “Privacy Policy”), and your use of our website constitutes your acceptance to be bound by the terms. Your use of our website and any information that you contribute or provide to us is subject to this Privacy Policy.

The following Privacy Policy informs you of how we collect and process your personal data, including that which you provide by voluntarily subscribing to our newsletter subscriber list, purchasing a product or service, “opting in” to receive a free resource, entering a sweepstakes or contest sponsored by us or one of our partners, or contacting us via our website, as well as that which we may collect automatically from you based upon your activity on our website.

Collection of your Personal Information
In order to better provide you with products and services offered on our website, we may collect personally identifiable information, such as your: 
-First and Last Name
-Email Address 
 
We may also collect anonymous demographic information, which is not unique to you, such as your: 
-Age
-Gender
-Country/Location
-Website Behaviour
 
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through our website’s public comments, this information may be collected and used by others. We do not collect any personal information about you unless you voluntarily provide it to us.
 
However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the website.
 
These may include: (a) voluntarily subscribing to our newsletter subscriber list; (b) purchasing a product or service; (c) “opting in” to receive a free resource; (d) entering a sweepstakes or contest sponsored by us or one of our partners; (e) contacting us via our website.
 
To wit, we will use your information for, but not limited to, communicating with you in relation to products and/or services you have requested from us. We may also gather additional personal or non-personal information in the future. 
 
Use of your Personal Information 
We collect and use your personal information to operate our website and deliver the products and/or services you have requested. We may also use your personally identifiable information to inform you of other products or services available from Nicole Davidson Creative and its affiliates. 
 
Sharing Information with Third Parties 
We do not sell, rent, or lease our customer lists to third parties. We may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) is not transferred to the third party. We may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. 
 
All such third parties are prohibited from using your personal information except to provide these services to Nicole Davidson Creative and they are required to maintain the confidentiality of your information. 
 
We may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on us or our website; (b) protect and defend the rights or property of Nicole Davidson Creative; and/or (c) act under exigent circumstances to protect the personal safety of user and founder of Nicole Davidson or the public. 
 
Tracking User Behaviour 
We may keep track of the websites and pages our users visit within our website in order to determine what Nicole Davidson Creative products and/or services are the most popular. This data is used to deliver customized content and advertising within Nicole Davidson Creative to customers whose behaviour indicates that they are interested in a particular subject area. 
 
Automatically Collected Information 
Information about your computer hardware and software may be automatically collected by us. This information can include: your IP address, browser type, domain names, access times, and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the website.
 
Use of Cookies
Our website may use "cookies" to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page.
 
For example, if you personalize pages on our website, register with our website, or purchase a product or service, a cookie helps Nicole Davidson Creative to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on.
 
When you return to the same website, the information you previously provided can be retrieved, so you can easily use the Nicole Davidson Creative features that you customized. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of Nicole Davidson Creative services or pages you visit. 
 
Links 
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. 
 
Children Under Thirteen 
We do not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. 
 
Email Communications 
From time to time, we may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. In order to improve our services, we may receive a notification when you open an email from Nicole Davidson Creative or click on a link therein. 
 
If you would like to stop receiving marketing or promotional communications via email from us, you may opt out of such communications by unsubscribing by clicking the "Unsubscribe" link at the bottom of every email.
 
Changes to this Statement
We may update this Privacy Policy from time to time and will provide notice via email of any material changes made to this Policy. We will not provide notice of any minor updates, and acknowledge it is your responsibility to read any updated version(s), and that you agree to be bound by the most updated versions of this Policy.
 


Please read these Terms & Conditions (hereinafter "Terms", "Terms & Conditions") carefully before using the nicoledavidsoncreative.com website (hereinafter “website”) on any device (hereinafter "service", “services”) operated by Nicole Davidson Creative (hereinafter “we” “us” “our”), a Canadian sole proprietorship located in Ontario, including the content therein (hereinafter “product”, “products”). Your use of our website, and the purchase, download, and use of our products, constitutes your full acceptance of these Terms & Conditions. If you do not agree with these Terms & Conditions, you should not use our website or purchase, download, or use any of our products.
 
These Terms & Conditions apply to all visitors, users, and others who access or use the website or service.
 
By accessing or using the service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the service.
 
Purchases
If you wish to purchase any product or service made available through the service (hereinafter "purchase"), you may be asked to supply certain information relevant to your purchase including, without limitation, your full name, email address, mailing address, and phone number.
 
License and Use
Your purchase of one of our products constitutes our granting to you of a non-exclusive, non-sublicensable, non-transferable license to download and access that product for the purpose of your own personal use and reference, and print or convert the product to an image or vector format for your own storage, retention and reference (hereinafter “purpose”). You agree that under no circumstances shall you use, or permit to be used, any product other than for the aforesaid purpose. For the avoidance of doubt, you shall not copy, re-sell, sublicense, rent out, share or otherwise distribute any of our products, whether modified or not, to any third party. You agree not to use any of our products in a way which might be detrimental to us or damage our reputation.
 
Intellectual Property
The products, whether modified or not, and all intellectual property and copyright contained therein, are and shall at all times remain our sole and exclusive property. You agree that under no circumstances, whether the product has been modified or not, shall you have or attempt to claim ownership of any intellectual property rights or copyright in the product.
 
Refunds and Chargebacks
Once a product has been purchased by you, no right of cancellation or refund exists under the Consumer Protection (Distance Selling) Regulations 2000 due to the electronic nature of our products. Any refunds shall be at our sole and absolute discretion. You agree that under no circumstances whatsoever shall you initiate any chargebacks via your payment provider. You agree that any payments made by you for any of our products are final and may not be charged back. We reserve the right to alter any of our prices from time to time.
 
Warranties and Liability
We make every effort to ensure that our products are accurate, authoritative, and fit for the use of our customers. However, we take no responsibility whatsoever for the suitability of the product and we provide no warranties as to the function or use of the product, whether express, implied or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. You agree to indemnify us against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of your breach of these Terms & Conditions. Furthermore, we shall not be liable to you or any party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
 
General
These Terms & Conditions constitute the entire agreement and understanding between you and us for the supply of downloadable digital products and shall supersede any prior agreements whether made in writing, orally, implied, or otherwise. The failure by us to exercise or enforce any right(s) under these Terms & Conditions shall not be deemed to be a waiver of any such right(s) or operate so as to bar the exercise or enforcement thereof at any time(s) thereafter, as a waiver of another or constitute a continuing waiver. You agree that monetary damages may not be a sufficient remedy for the damage which may accrue to us by reason of your breach of these Terms & Conditions, therefore we shall be entitled to seek injunctive relief to enforce the obligations contained herein. The unenforceability of any single provision within these Terms & Conditions shall not affect any other provision hereof. These Terms & Conditions, your acceptance thereof, and our relationship with you shall be governed by and construed in accordance with English law and both us and you irrevocably submit to the exclusive jurisdiction of the English courts over any claim, dispute or matter arising under or in connection with these Terms & Conditions or our relationship with you.
 
Content
Our service allows you to post, link, share, and otherwise make available certain information, text, graphics, videos, or other material and content. You are responsible for the comments you post on our website which will also be monitored by a website admin and are subject to removal at any time.
 
Links
Our service may contain links to third party websites or services that are not owned or controlled by Nicole Davidson Creative. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that Nicole Davidson Creative shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.
 
Changes to this Statement
We may update these Terms & Conditions from time to time and will provide notice via email of any material changes made to these Terms. We will not provide notice of any minor updates, and acknowledge it is your responsibility to read any updated version(s), and that you agree to be bound by the most updated versions of these Terms.
 


We welcome your questions or comments regarding these policies and terms. If you believe that Nicole Davidson Creative has not adhered to these policies and terms, please contact us at:

PRIVACY POLICY

TERMS & CONDITIONS

CONTACT INFORMATION

Last Updated: May 15, 2024