Terms & Conditions of AI-Gen.Studio (A brand under “Target Digital Marketing Ltd”, (TDM)”, incorporated in, and trading in, New Zealand).
In the conduct of its business and the website www.AI-Gen.Studio, this website www.AI-Gen.Studio (“the Site”) is owned and operated by TDM (“we”, “us”, “our”).
By accessing this Site you agree to the Terms and Conditions under which you may use this Site and enter into transactions with us (“the Terms”). Your access is subject to acceptance of and compliance with the Terms. If you do not agree with the Terms, do not use this Site and our services.
We accept no responsibility for the information supplied to us by third parties and we suggest that you confirm all information contained or linked from the Site with the relevant third-party provider.
1. Privacy Policy
1.1. Your personal information will be handled in accordance with our Privacy Policy (“our Policy”) www.AI-Gen.Studio/privacypolicy
1.2. We reserve our right to amend our Policy at any time.
1.3. Our Policy is not intended to, nor does it create any contractual or other legal right or obligation in or at any party.
1.4. We shall not be responsible for the privacy practices of third parties with links to this Site.
2. Security
We use a secure server however AI-Gen.Studio makes no warranty with respect to the strength or effectiveness of the encryption of information you send through this Site and it is not responsible for events arising from unauthorised access to the information you provide.
3. Intellectual Property
3.1 No trademark or logo on this Site, including our AI-Gen.Studio logo (whether registered or unregistered) may be used without our prior written permission and that of the relevant owner of the trademark.
3.2 The images, information and material contained on this Site including (but not limited to) the software, design, text and graphics, advertisements (“material”) are owned and licensed by us and are protected by International and Australian laws, and all rights are reserved thereunder.
3.3. You may only use this Site for your personal and non-commercial purposes. All material is provided for your use and assistance and you are not permitted to download any material except when reasonably necessary to access the Site or a product which you purchase from us.
3.4. You must not use, copy, modify, transmit, store, publish or distribute any material on this Site or create any material on this Site without obtaining prior written permission from us.
3.5 The Site may be subject to other intellectual property rights owned by us or by a third party. No license is granted in relation to these rights and your use of this Site must not violate these rights.
4. Website Use
4.1. You must only use this Site for lawful purposes and in a cooperative and responsible manner.
4.2. Any breach of these Terms by you may result in legal action against you.
4.3. You must not:
a. Use another person’s information without consent.
b. Make any fraudulent, speculative or false inquiries or requests using this Site.
c. Tamper with or make unauthorised modifications to this Site.
d. Post or transmit to or via the Site any unlawful, threatening, defamatory, libelous, indecent or any other material which could give rise to civil or criminal proceedings.
e. Delete data without consent.
f. Knowingly transmit any virus or other disabling feature via this Site.
g. Infringe any laws in any jurisdiction in using this Site.
h. Attempt to do any of the above acts.
5. Disclaimer
5.1. To the extent allowed by law, this Site is provided by us on an “as is” basis and we do not make any warranties or representations about the content and suitability of the information contained on this site for any purpose or the accuracy of the information or contents or any services supplied through this Site.
5.2. You use this Site and all material obtained from it at your own risk.
5.3. To the extent allowed by law, we disclaim all warranties and representations with regard to any information on this Site including any implied warranties and implied representations including but without limitation, implied warranties that the products and services offered and supplied through this Site will be of merchantable quality, fit for use or will comply with descriptions or samples on this Site.
5.4. To the extent allowed by law, we shall not be liable for any damages whatsoever (including negligence) which may be directly or indirectly suffered in connection with your use or your inability to access this Site or the purchase and use of any products or services supplied by this Site. This liability applies to all damages including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property, personal injury and claims of third parties whether arising under contract, tort or statute.
5.5 We do not warrant that access to this Site shall be free of errors, uninterrupted, timely or free of viruses and defects.
6. Indemnity
By accessing this Site, you agree to indemnify us against all losses, damages, costs, claims, and expenses which arise from:
a. Any act by you which is inconsistent with the Terms; or
b. Any claim, suit, action, demand or proceeding by a third party against us
which is caused or contributed to (either directly or indirectly) by you.
7. Cookies
Cookies are small pieces of information sent by a web server to store on a browser so it can later be read back from that browser. This is useful for having the browser remember some specific information. An example is when a browser stores your passwords and user ID's. They are also used to store preferences of start pages or personal pages and online ordering systems.
If you disable the use of cookies on your web browser or remove or reject particular cookies from this Site or linked sites, you may have difficulty in gaining access to all the content and services on this Site.
8. Linked Sites
8.1. This Site may provide links to third-party websites. We shall not maintain these links nor are we required to maintain or update the links.
8.2. Links from this site to third-party sites shall not be construed as any approval, referral, recommendation or endorsement by AI-Gen.Studio of the owners of the third party sites, or for any information, goods or services referred to or offered on the third-party sites unless expressly indicated on this Site.
8.3. We make no warranties and accept no liability in relation to any information contained on any third party sites.
9. Revisions and Errata
The information appearing on AI-Gen.Studio and any and all digital products, programs or services could include technical, typographical or photographic errors. We do not warrant that any of the materials in the aforementioned are accurate, complete or current. We may make changes to the materials contained on our website, programs, products or services at any time without notice. We do not make any commitment to update the materials or digital products after they have been delivered to you.
9. Refund Terms and Conditions
9.1 Digital Product Purchase
If you purchase a digital product online through the AI-Gen.Studio website or other advertising pages on social media, google advertising etc, as per advertised and have received it, then no refund terms or conditions apply.
9.2. Digital Services Purchase
a. If you purchase a custom-made product or service (such as Product Image Transformation, Product Video, Social Media Image or Videos, Personal Brand Photoshoot or other customised services); we will send you a low-resolution image of the end result for your review and sign-off.
b. If you are not happy with the custom-made product or service up to a certain stage, please get in touch with us immediately. We will review the issue and if we have made an error, we will rectify it as soon as possible.
c. If you are still not happy with the custom-made product or service, we will send any creatives or files created up to date, that have been reviewed, signed off and paid for, and then we agree to 100% refund of the purchase price.
The above Refund Terms and Conditions are null and void within 3 working days of the initial email contact, which puts the onus on both parties to move quickly to resolve any issues in order to move towards continuation or cancellation and refund as per the conditions above.
10. General
We may amend these Terms at any time without notice to you by posting amended Terms & Conditions on this Site effective immediately upon posting.
11. Non-waiver
If we do not act in relation to a breach by you of these Terms, this does not waive our right to act with respect to subsequent or similar breaches.
12. Breach of Obligations by AI-Gen.Studio
In the event of any breach of the Terms by AI-Gen.Studio, your remedies shall be limited to damages which under no circumstances shall exceed the price of the Services.
13. Set-Off
You shall not be entitled to set off against or deduct from the cost of our services any sums owed or claimed to be owed to you by AI-Gen.Studio.
14. Force Majeure
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lockout, industrial action, fire, flood, drought, storm or other events beyond the reasonable control of either party.
15. Default
If you default in payment of any amount of money owing when due, you shall indemnify AI-Gen.Studio from and against all costs and disbursements incurred by AI-Gen.Studio in pursuing the debt including legal costs on a solicitor and own client basis and AI-Gen.Studio's Collection Agency costs.
16. Suspension of Services
Without prejudice to any other remedies that AI-Gen.Studio may have, if at any time you are in breach of any obligation hereunder (including those relating to payment), AI-Gen.Studio may suspend or terminate the supply of Services to you and any of its other obligations under the Terms. AI-Gen.Studio shall not be liable to you for any loss or damage you suffer because AI-Gen.Studio has exercised its rights under this clause.
17. Administration Fees
All purchases are paid upfront, however if at any stage AI-Gen.Studio has an agreement with a client for incremental payments via credit card, and if the credit card is declined, and If any account remains overdue after thirty (30) days, then an amount of the greater of Twenty Dollars ($20.00) or Ten Percent (10%) of the amount overdue (up to a maximum of $200.00) shall be levied for administration fees which sum shall become immediately due and payable.
17.1 Interest on Overdue Payments
Interest shall accrue on any overdue payments owing by you to us at the rate of 2.5% per month, or part of the month, that the payment is outstanding. Such interest shall be calculated monthly on a compounding basis.
18. Representations
You acknowledge and agree that in purchasing our products and services you have not relied upon any representations made to you by our agents or representatives, or other third parties, unless those representations are set out in these terms and conditions, or those representations are confirmed in writing by our authorised director.
19. Acceptance of these Terms and Conditions
You shall be deemed to have accepted these terms and conditions if:
- You access and use the Site; and/or
- You purchase any of our products or services.
20. Disclaimer on Earnings
Every online marketing company is different, employing different strategic approaches and organizational structures, and offering different products. Therefore, individual results will vary from user to user. Your individual results will vary depending upon a variety of factors unique to you, including but not limited to your content, business model, and product offerings.
AI-Gen.Studio does not promise, guarantee, or warrant your success, income, or sales. You understand and acknowledge that AI-Gen.Studio will not at any time provide sales leads or referrals to you or your business. Those who purchase our products or services will receive them as per advertised, however, we do not guarantee your success and based upon many market factors that we cannot control. Also, we do not offer any tax, accounting, financial, or legal advice; you should consult your business’ accountant, lawyer or financial advisor.