Interpretation

The terms in my conditions that are italicized have specific meanings defined under the following guidelines. These definitions apply equally to both singular and plural forms.

Definitions

For the purposes of these Terms and Conditions:

• "Affiliate" refers to an entity that controls, is controlled by, or is under common control with a party, where "control" means owning 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or similar governing authority.
• "Account" signifies a unique account created for you to access my website or certain sections of it.
• "Company" (referred to as "the company," "we," "I," "us," or "our" in this Agreement) pertains to melissanicholson.com.
• "Country" denotes South Africa.
• "Content" encompasses materials such as text, images, or other information that you can post, upload, link to, or otherwise make available, regardless of its format.
• "Device" means any device capable of accessing my website, including computers, cellphones, or digital tablets.
• "Feedback" refers to any feedback, innovations, or suggestions you provide regarding the features, performance, or attributes of our website.
• "Products" indicates the items or services available for purchase on my website.
• "Orders" represent your request to buy products or services from me.
• "Promotions" encompass contests, sweepstakes, or other promotional activities offered through my website.
• "Service" signifies my website.
• "Terms and Conditions" (also called "Terms") refer to these Terms and Conditions, which constitute the entire agreement between you and the company regarding the use of my website.
• "Third-party Social Media Service" means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available through my website.
• "Website" refers to melissanicholson.com, accessible via www.melissanicholson.com.

"You" refers to the individual accessing or using my website, or the company or legal entity on behalf of which such individual is accessing or using my website, as applicable.

These Terms and Conditions govern your use of my website and establish the agreement between you and the company. They specify the rights and responsibilities of all users regarding the website. Your access to and usage of my website is contingent upon your acceptance and adherence to these Terms and Conditions. These provisions apply to all visitors, users, and anyone who accesses or utilizes my website. By accessing or using my website, you agree to comply with these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you are not permitted to access my website. You confirm that you are over the age of 18, as the company does not allow individuals under 18 to use my website.

When you register for a user account on this website, it is essential to provide accurate, complete, and up-to-date information at all times. Failing to do so will be considered a violation of the Terms and may lead to the immediate termination of your account on my site. You are responsible for keeping your password secure and for all activities or actions that occur under your password, whether on my website or through a third-party service. You agree to keep your password confidential and not to share it with any third party. If you become aware of any security breaches or unauthorized use of your account, you must inform me immediately. You are prohibited from using a username that belongs to another person or entity without lawful permission, a name or trademark that infringes on someone else's rights, or a name that is deemed offensive, vulgar, or obscene.

Intellectual Property Infringement

I hold great respect for the intellectual property rights of others. It is my established policy to address any claims regarding content on my website that may infringe upon the copyright or other intellectual property rights of any individual. If you are a copyright owner or authorized representative, and you believe that your copyrighted work has been reproduced in a manner that constitutes copyright infringement on my website, please send your notice in writing to my copyright agent at webdesign@melissanicholson.com. Your notice should include a comprehensive description of the alleged infringement. Keep in mind that you may be liable for damages, including costs and attorney fees, if you falsely claim that any content infringes your copyright.

To file a Digital Millennium Copyright Act (DMCA) notification, please provide the following written information to my Copyright Agent (refer to 17 U.S.C 512(c)(3) for further details):

• An electronic or physical signature from the authorized individual representing the copyright owner's interests.
• A description of the copyrighted work that is allegedly infringed, including the URL of its location or a copy of the work itself.
• Identification of the exact location on my website where the disputed material can be found.
• Your address, phone number, and email address.
• A statement affirming your belief that the use in question is not authorized by the copyright owner, their agent, or the law.
• A declaration, under penalty of perjury, confirming the accuracy of the information provided and your authority to act on behalf of the copyright owner.

You can contact my copyright agent at webdesign@melissanicholson.com . Upon receiving your notification, I will take appropriate action at my discretion, which may include removing the disputed content from my website.

When you place an order for products or services on my website, you confirm that you have the legal capacity to enter into binding contracts.

Your Information

When ordering from my site, you may be required to provide specific details related to your order, including your name, email, phone number, credit card information, credit card expiration date, billing address, and shipping details. You agree that: (i) you are authorized to use any payment methods submitted for your orders; and (ii) the information you provide is accurate and complete. By sharing this information, you give me permission to share it with third-party payment processors to complete your order.

Order Cancellation

I reserve the right to reject or cancel your order for several reasons, such as:

• Product/service availability
• Errors in product/service descriptions or pricing
• Mistakes in your order

Additionally, I may cancel your order if there are suspicions of fraud or unauthorized transactions.

Your Cancellation Rights

Products and services can only be returned or refunded in accordance with our Terms and Conditions.

Availability, Errors, & Inaccuracies

My product and service offerings on the website are regularly updated. However, items may occasionally be mispriced, inaccurately described, or out of stock. There may be delays in updating product/service information and advertising. I cannot guarantee the accuracy or completeness of any information and reserve the right to correct any errors, inaccuracies, or omissions without prior notice.

Pricing Policy

I may change prices before accepting an order. Prices can also change after an order has been accepted due to various factors. In such cases, you have the option to cancel your order.

Payments

I accept various payment methods, including Visa, MasterCard, American Express, and online options like PayPal. Payment cards are subject to validation and authorization by your card issuer. If authorization is not obtained, your order may be delayed or not delivered.

Promotions

Promotions on my website may have different rules from these Terms. To participate in a promotion, please review the specific rules and my privacy policy. In cases where promotion rules conflict with these Terms, the promotion rules will take precedence.

My website, along with its original content (excluding any material contributed by you or other users), features, and functionalities, is and will continue to be the exclusive property of the company and its licensors. The website is safeguarded by copyright, trademark, and various laws applicable in both domestic and international jurisdictions. My trademarks and trade dress cannot be utilized in association with any product or service without obtaining prior written permission from the company.

You transfer all rights, titles, and interests in any feedback you give to the company. If this transfer is deemed ineffective for any reason, you agree to provide the company with a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, disclose, sublicense, distribute, modify, and exploit that feedback without limitations.

My website may feature links to third-party sites or services that the company does not own or control. The company has no authority over and accepts no responsibility for the content, privacy policies, or practices of these third-party websites or services. You acknowledge and agree that the company will not be held responsible or liable, either directly or indirectly, for any damage or loss that may arise from or be claimed to arise from your use of or reliance on any content, goods, or services found on these external sites. We highly recommend that you review the terms and conditions as well as the privacy policies of any third-party websites or services you choose to visit.

I retain the right to immediately terminate or suspend your account, without any prior notice or liability, for any reason. This encompasses, but is not limited to, any violations of these Terms and Conditions. Once your account is terminated, your access to my website will end immediately. If you choose to terminate your account, you can do so by simply ceasing to use my website.

Regardless of any damages you may experience, the company's total liability and that of its suppliers under any section of these Terms and Conditions, as well as your exclusive remedy for such matters, will be confined to the amount you have actually paid through my website, or $100 if you have not made any purchases. To the fullest extent allowed by applicable law, neither the company nor its suppliers shall be liable for any special, incidental, indirect, or consequential damages, including but not limited to loss of profits, data, or other information, business disruption, personal injury, or loss of privacy, arising from or related to the use or inability to use my website, any third-party software, and/or third-party hardware associated with my website, or in any other way connected to these Terms and Conditions. This applies even if the company or any supplier has been informed of the potential for such damages and even if the remedy fails to achieve its essential purpose. Please note that some states do not permit the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, meaning that some of the above restrictions may not apply to you. In such cases, each party's liability will be limited to the maximum extent permitted by law.

My website is offered to you "AS IS" and "AS AVAILABLE," complete with all faults and defects, without any form of warranty. To the fullest extent allowed by applicable law, the company, on its own behalf and that of its affiliates, licensors, and service providers, explicitly disclaims all warranties—be they express, implied, statutory, or otherwise—related to my website. This includes all implied warranties concerning merchantability, fitness for a specific purpose, title, non-infringement, and any warranties that may arise from dealings, performances, usage, or trade practices. The company does not guarantee or make any promises that my website will satisfy your needs, achieve any desired results, be compatible with other software, applications, systems, or services, operate continuously, meet performance or reliability expectations, be free of errors, or that any errors or defects will be rectified.

Furthermore, neither the company nor any of its providers makes any representations or warranties, whether express or implied, regarding:

(i) the operation or availability of my website, or the information, content, materials, or products contained therein;

(ii) the uninterrupted or error-free operation of my website;

(iii) the accuracy, reliability, or timeliness of any information or content provided through my website; or

(iv) that my website, its servers, the content, or emails sent from or on behalf of the company are free from viruses, scripts, trojan horses, worms, malware, timebombs, or other harmful elements.

Certain jurisdictions may not permit the exclusion of specific warranty types or limitations on consumer statutory rights, so some or all of the above exclusions and limitations might not be applicable to you. In such situations, the exclusions and limitations outlined in this section will apply to the fullest extent permissible under applicable law.

The laws of South Africa will regulate these Terms and your use of the website, disregarding any conflicting rules of law. Furthermore, your application usage may also be subject to various local, state, national, or international laws.

If you have any concerns or disagreements related to my website, you agree to first seek an informal resolution by reaching out to the company.

If you are a consumer residing in the European Union, you have the right to any mandatory legal provisions applicable in your country.

You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.

Severability

Should any section of these Terms be found to be unenforceable or invalid, it will be modified and interpreted to reflect the original intent as closely as possible within the limits of the law. The remaining sections of the Terms will continue to be valid and enforceable.

Waiver

Except as outlined herein, failing to act on a right or obligation under these Terms does not prevent either party from exercising that right or enforcing that obligation in the future. Additionally, ignoring a breach does not forfeit the right to address any future breaches.

I hold the exclusive authority to modify or replace these Terms as needed. Should a significant revision occur, I will strive to provide at least 30 days' notice prior to the implementation of new terms. The determination of what constitutes a substantial change rests solely with me. By continuing to access or use my website following these revisions, you agree to comply with the updated terms. If you disagree with the new terms, either in part or entirely, please refrain from using the website and my services.

If you have any inquiries regarding these Terms and Conditions, feel free to reach out to me through the following methods:

• Visit the contact page on my website or
• Send me an email at webdesign@melissanicholson.com .