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MAGIC KIT Pro cares deeply about your privacy. The app collects anonymous information in two ways:
Apple analytics which can be disabled from within the Settings app.
Both services collect information anonymously and cannot be linked back to individual users.
MAGIC KIT Pro does not sell or rent your data, and the anonymous information is collected only for use in improving the app.
These terms and conditions ("Terms", "Agreement") are an agreement between Matt Leatherbarrow ("Matt Leatherbarrow", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the MAGIC KIT Pro mobile application and any of its products or services (collectively, "Mobile Application" or "Services").
Billing and payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Where Services are offered on a free trial basis, payment may be required after free trial period ends, and not when you enter your billing details (which may be required prior to the commencement of the free trial period). If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time.
Accuracy of information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Mobile Application or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or on any related Service has been modified or updated.
We are not responsible for Content residing in the Mobile Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet. We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses.
Intellectual property rights
This Agreement does not transfer from Matt Leatherbarrow to you any Matt Leatherbarrow or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Matt Leatherbarrow. All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Matt Leatherbarrow or Matt Leatherbarrow licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third parties. Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Matt Leatherbarrow or third-party trademarks.
Disclaimer of warranty
You agree that your use of our Mobile Application or Services is solely at your own risk. You agree that such Service is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will Matt Leatherbarrow, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Matt Leatherbarrow has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Matt Leatherbarrow and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Matt Leatherbarrow for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold Matt Leatherbarrow and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application or Services or any wilful misconduct on your part.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of London, United Kingdom without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United Kingdom. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in London, United Kingdom, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are is free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do we will revise the updated date at the bottom of this page. Continued use of the Mobile Application after any such changes shall constitute your consent to such changes.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Mobile Application or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Mobile Application and its Services.
If you have any questions about this Agreement, please contact us.
This document was last updated on January 6, 2020
Please read the following important terms and conditions before you buy anything on our website and check that they contain everything which you want and nothing that you are not willing to agree to.
Summary of some of your key rights:
By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 say that we must give you certain key information before a legally binding contract between you and us is made (see below). We will give you this information in a clear and understandable way. Some of this information is likely to be obvious from the context. Some of this information is also set out in this contract, such as information on our complaint handling policy. Right to cancel - goods
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.
Right to cancel - digital content
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that you have a 14 day right to change your mind and get a full refund on your digital content. You do not have this right to cancel once a download has started provided you have been told this and have acknowledged this.
Your Consumer Rights - goods
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product you're entitled to the following:
up to 30 days: if your goods are faulty, then you can get a refund;
up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;
up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.
Your Consumer Rights - digital content
The Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
if your digital content is faulty, you're entitled to a repair or a replacement;
if the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you can get some, or all of your money back;
if you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation.
This is a summary of some of your key rights. For detailed information from Citizens Advice please visit www.citizensadvice.org.uk or call 03454 04 05 06.
The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.
This contract sets out:
In this contract:
means Alakazapps, Matthew Leatherbarrow
References to us in these Terms also includes any group companies which we may have from time to time.
refers to the any site on which these terms and conditions are displayed, including, but not limited to the following websites:
means the person accessing or using our site to make purchases from us.
If you don't understand any of this contract and want to talk to us about it, please contact us by:
Who we are
Our PO Box is at:
The details of this contract will not be filed with any relevant authority by us.
Terms and Conditions of Sale
1 These terms and conditions apply to any sale of goods or digital content on our site. If you buy goods or digital content on our site you agree to be legally bound by this contract and the terms and conditions contained herein.
2 You may only buy goods or digital content from our site for non-business purposes.
3 This contract is only available in English. No other languages are available for this contract.
4 When buying any goods or digital content on our site you also agree to be bound by:
(a) our terms and conditions of use and any documents referred to therein
All these documents form part of this contract as though set out in full here.
B Information we give you
1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
(a) navigate to the following page: https://alakazapps.com/products/
(b) read the Confirmation email that will be sent to you when you have ordered goods or digital content (see clause below)
(c) login to your account on our site and view the information in your order history, or
(d) contact us using the contact details at the top of this page
2 The key information we give you by law forms part of this contract (as though it is set out in full here).
3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
C Ordering from us
1 Here we set out how a legally binding contract between you and us is made.
2 You place an order on our site by doing the following:
The user clicks 'Buy Now' to add the chosen item to their cart. Clicking the Cart icon allows them to proceed to the checkout where payment and delivery details are collected.
3 Please read and check your order carefully before submitting it. However, if you need to correct any errors you can do so before submitting it to us.
4 Before you place any order for digital content you must check that the hardware and software requirements of your computer or device mean that you can download the digital content. If required please contact us for assistance.
5 When you place your order at the end of the online checkout process (eg when you confirm payment), we will acknowledge it by Email. This acknowledgement does not, however, mean that your order has been accepted.
6 We may contact you to say that we do not accept your order. This is typically for the following reasons:
(a) the goods or digital content are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods or digital content from us;
(d) we are not allowed to sell the goods or digital content to you;
(e) you have ordered too many goods; or
(f) there has been a mistake on the pricing or description of the goods or digital content.
7 We will only accept your order when we send you an Email to confirm this (Confirmation Email ). At this point:
(a) a legally binding contract will be in place between you and us; and
(b) your order will be fulfilled and your content will be available for download.
8 If you are under the age of 18 you may buy any goods or digital content from our site. However, in some cases you may not be able to buy certain goods or digital content because you are too young. If so this will be set out on the relevant webpage for the goods or digital content concerned.
D Right to cancel this contract
1 You have the right to cancel this contract within 14 days without giving any reason.
2 The cancellation period will expire after 14 days from the day:
(a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of any goods, in the case of a sales contract;
(b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good purchased, in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately;
(c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece of any purchased goods, in the case of a contract relating to delivery of a good consisting of multiple lots or pieces;
(d) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first good purchased, in the case of a contract for regular delivery of goods during a defined period of time.
3 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
Alakazapps, Matthew Leatherbarrow Apt/Suite 4150
I/We* hereby give notice that I/We* cancel my/our* contract of sale of the following goods /the supply of the following service ,
Ordered on /received on ,
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper), Date
4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
E No right to cancel this contract once downloading of any purchased digital content starts
When you buy the digital content:
(i) you have no right to cancel this contract once the downloading of it starts
F Effects of cancellation
1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
3 We will make the reimbursement without undue delay, and not later than:
(i) 14 days after the day we received back from you any goods supplied; or
(ii) (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
(iii) if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
5 If you have received goods:
(a) you shall, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us, send back the goods or hand them over to us
(b) The deadline is met if you send back the goods before the period of 14 days has expired.
(c) you will have to bear the direct cost of returning the goods
(d) you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
G Download of digital content
1 Once you have paid for your order and received the Confirmation email you will be given the option to download the digital content.
2 We may deliver your digital content in instalments. If you have any queries as to whether this is the case please consult the information provided at the time of purchase or contact us for further information.
3 If something happens which:
3.1 is outside of our control; and
3.2 affects you being able to download the digital content;
we we will make the digital content available for download as soon as we can. If you computer or device blocks the automatic download of the digital content or the automatic download does not start, you may still have the right to cancel the contract.
H Permission to use digital content
1 When you buy any digital content and download it, you will not own it. Instead we give you permission to use it (also known as a 'licence') for the purpose of you using and enjoying it according to this contract. The full terms of the licence can be found at https://alakazapps.com/privacy/
2 The digital content:
2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws
2.2 is non-exclusive to you. We may supply the same or similar digital content to other users
2.3 may be used only on personal computers or devices
2.4 may not be:
(a) copied by you except for a reasonable number of necessary back-ups
(b) changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law)
(c) combined or merged with, or used in, any other computer program
(d) distributed or sold by you to any third party
2.5 contains information which is owned by us or third parties or both. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings
2.6 includes a guide on how to use it. Please read this carefully. This guide can be accessed as follows:
3 except where you have permission to use the digital content under this clause, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
I Delivery of goods
1 We use the following delivery services to deliver our goods:
2 The estimated date and time window for delivery of the goods is set out in the Confirmation Email.
3 If something happens which:
(i) is outside of our control; and
(ii) affects the estimated date of delivery;
we will let you have a revised estimated date for delivery of the goods.
4 Delivery of the goods will take place when we deliver them to the address that you gave to us.
5 We may be unable to deliver the goods if we are unable to properly identify you. Please be prepared to provide a form of ID (passport or photocard driving licence) on delivery of goods.
6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days, we will:
(i) let you know;
(ii) cancel your order; and
(iii) give you a refund.
7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
8 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.
9 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, click on the check the delivery details during the online checkout process.
1 We accept the following means of payment:
2 We will do all that we reasonably can to ensure that all of the information you give us when paying for goods or digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
3 Your credit card or debit card will only be charged when you confirm your order.
4 All payments by credit card or debit card need to be authorised by the relevant card issuer. From time to time we may also use extra security steps via Verified by Visa, Mastercard®SecureCodeTM or equivalent services.
5 If your payment is not received by us and you have already received any goods, you:
(i) must pay for such goods within 30 days; or
(ii) must return them to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
6 If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
7 Nothing in this clause affects your legal rights to cancel the contract during any applicable 'cooling off' period detailed under the Clauses entitled 'Right to Cancel this Contract ' and 'Effects of Cancellation ' above.
8 The price of the goods or digital content:
(i) is in pounds sterling (£)(GBP);
(ii) includes VAT at the applicable rate; and
(iii) does not include the cost of:
delivering the goods (delivery options and costs will be provided before you place your order)
any carrier bags (which cost a minimum of 5p) each).
K Nature of goods
1 The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, the goods:
(i) are of satisfactory quality;
(ii) are fit for purpose;
(iii) match the description, sample or model; and
(iv) are installed properly (if we install any goods).
2 We must provide you with goods that comply with your legal rights.
3 The packaging of the goods may be different from that shown on our site.
4 While we try to make sure that:
(i) all weights, sizes and measurements set out on our site are as accurate as possible, there may be a small tolerance of up to 1% in such weights, sizes and measurements; and
(ii) the colours of our goods are displayed accurately on our site, the actual colours that you see on your computer may vary depending on the monitor that you use.
5 Any goods sold:
(i) at discount prices;
(ii) as remnants; or
(iii) as substandard;
will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
6 If we can't supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:
(i) we will let you know if we intend to do this but this may not always be possible; and
(ii) you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
L Nature of digital content
1 The Consumer Rights Act 2015 gives you certain legal rights (also known as 'statutory rights'), for example, that the digital content:
1.1 is of satisfactory quality;
1.2 is fit for purpose; and
1.3 matches its description.
2 We must provide you with digital content that complies with your legal rights.
3 When we supply the digital content:
3.1 we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content
3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
3.3 you acknowledge that there may be minor errors or bugs in it.
M Faulty goods or digital content
1 Your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
(a) contact us using the contact details at the top of this page; or
(b) visit the Citizens Advice website www.citizensadvice.uk or call 03454 04 05 06.
2 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.
3 Please contact us using the contact details at the top of this page, if you want:
(a) us to repair the goods or digital content;
(b) us to replace the goods or digital content;
(c) a price reduction; or
(d) to reject the goods or digital content and get a refund.
4 To avoid faults happening with any digital content, you must:
(i) install any fixes, updates, upgrades, new releases and new versions that are made available to you as soon as reasonably possible after we tell you that they are available to be downloaded;
(ii) use it only on the recommended third party software and equipment set out in the guide to its use or on our website; and
(iii) follow any other guidance given by us to you when undertaking the purchase, or contained within the Confirmation email.
N End of the contract
If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
O Limit on our responsibility to
1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
(a) losses that:
(i) were not foreseeable to you and us when the contract was formed; or
(ii) that were not caused by any breach on our part;
(b) business losses; and
(c) losses to non-consumers.
P Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
1 We will try to resolve any disputes with you quickly and efficiently.
2 If you are unhappy with:
(i) the goods or digital content;
(ii) our service to you; or
(iii) any other matter;
please contact us as soon as possible.
3 If you and we cannot resolve a dispute using our complaint handling procedure, we will:
(a) let you know that we cannot settle the dispute with you; and
(b) consider the need for Alternative Dispute Resolution and, if considered necessary, provide you with information about any alternative dispute resolution provider we deem appropriate to deal with your complaint.
4 If you want to take court proceedings, the relevant courts of the United Kingdom will have exclusive jurisdiction in relation to these Terms.
5 The laws of England and Wales will apply to these Terms.