Welcome to the MCT Custom Designs (MCT) website, operating under the domain MCTCustomDesigns.com. The following Terms of Service (TOS) contain the terms and conditions that govern your use of the website MCTCustomDesigns.com Use of the MCT website constitutes acceptance of these TOS. MCTCustomDesigns.com is a trademark of MCT.

These TOS constitute the entire and only agreement between MCT and you (User), and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings. These TOS apply to all users who use MCT. Users in this context shall include end users whether registered or not on MCT.

MCT reserves the right to add, delete, and/or modify any of the terms and conditions contained in these TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the MCT website. If User deems any modifications as unacceptable, User’s only recourse is to not use the website MCTCustomDesigns.com and its services. User’s continued use of MCT’s MCTCustomDesigns.com website will constitute binding acceptance of the changes.

MCT uses other affiliated companies or third parties to provide certain products and services accessible through the website. MCT does not control those third parties or their services. Users agree that MCT will not be liable to you in any way for your use of such services as our affiliates or third parties may have their own Terms and Conditions. In case of conflicts between affiliate and MCT Terms and Conditions, you must comply with MCT’s TOS.

Eligibility to use this website

MCT will knowingly provide service to customers that can lawfully enter into and form contracts under applicable law. If User is under the age of 18, but at least 13 years of age, he/she may use the MCT services under supervision of parent or legal guardian after they agree to these TOS. The MCT website is not intended for children under the age of 13.

MCT’s website MCTCustomDesigns.com grants Users limited revocable license to access and use the website for its offered services, subject to Users’ compliance with these TOS. MCT does not allow customers to collect information or use information collected on the website to compete with MCT or to create derivative work based on the content of the website. If User uses the information other than as per the TOS, MCT may revoke access and pursue other legal courses of action permitted under applicable state or federal law.

Registration, Security and Communication

Registration:

You may register on our site to create your MCT account. By completing registration, you hereby clearly agree, acknowledge, and grant us to access your personal information available in your account as per our privacy policy. You shall not use this site for any other purpose other than as mentioned on the site or for products/services that are not allowed under applicable law in any manner.

You agree to provide true, accurate, and complete information while transacting or registering or for any other purpose when prompted to do so on the site. You are prohibited from misrepresenting your identity and agree not to represent yourself as another User or login/register using the identity of any other person. You are responsible for maintaining and promptly updating the information provided while registering or for any other purpose on the site to ensure that the information provided by you is true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current, or incomplete, or MCT has reasonable grounds to deduce that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this User Agreement, MCT reserves the right to indefinitely suspend, terminate, or block your use or access to the site in any manner whatsoever.

Security:

You are solely responsible for maintaining secrecy and confidentiality of your login credentials. You hereby acknowledge and accept that the site will grant access to any person who has obtained your login credentials in the same manner as it would have granted access to you and that you are responsible for all activities conducted under your account. MCT, its employees, or any and all of its associates shall never be responsible in any manner for any kind of losses whatsoever occurring from such breaches of security.

Electronic Communication:

You agree and acknowledge to keep yourself updated with all data, information, and communication pertaining to you including but not limited to correspondence email ID, mobile number, and other relevant details. You further agree that your use of the site or provision of any data or information including any correspondence (by email or otherwise) to or by MCT is through electronic records and that you give consent to receive communication from MCT via electronic records which will be deemed adequate service of notice/electronic record.

By submitting this form, you agree to receive marketing text messages from us at the number provided, including messages sent by autodialer. Consent is not a condition of purchase. Message and data rates may apply. Message frequency may vary. View our Privacy Policy and Terms & Conditions to know more.

By using this Service, you consent to receive certain electronic communications from us . You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including communications in writing.

License:

Subject to the terms and conditions of this agreement, we grant to you a non-exclusive, non-transferable license to use MCT. You shall use the Licensed Program, i.e. website, of MCT for your own use only. You shall not, however, transfer or sublicense the same to any third party, in whole or in part, in any form, whether modified or unmodified.

Technical requirements:

You may only register and transact with MCT if you have the necessary technical requirements at your disposal. You shall have an internet-connected PC or smart phone with at least a 3G internet connection. You clearly agree and acknowledge that ensuring the availability and proper functioning of these technical requirements is your sole responsibility.

The instructions (step-by-step procedures displayed on various forms) “How to Use” MCT will be available on the homepage/relevant pages of the site. All Users are to ensure that they read and adhere to these instructions (steps) for accessing MCT. The User agrees that MCT shall not be held responsible in the event of any occurrence due to the non-adherence of these instructions which prevents the user from using the site as designed or due to any reasons over which MCT have no control.

Payment Policy:

Payment shall be made as per the product price list available on MCT subject to offers available on the site from time to time.

Further, the MCT reserves the right to introduce new products/services or to modify/upgrade existing products/services provided on the site. Additionally, MCT may, at its sole discretion, introduce new charges for the new or modified/upgraded products/services provided. Changes to the User Agreement or any of the rules and policies of MCT shall be posted on the site, and such changes shall automatically become effective immediately after being posted on the site. Further, MCT reserves the right to issue a warning or temporarily/indefinitely suspend or terminate your registration with the site and disallow access to the site.

Online Payments must be made using payment software of a payment gateway service provider in accordance with the terms and conditions, privacy policy, and other policies of the payment gateway. The user clearly agrees and acknowledges that MCT shall not be held responsible in the event of any delays, errors, or frauds in processing of payment by entities outside the control of MCT.

MCT uses payment systems as authorized by the bank of Canada. MCT neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the online payment system, and nor shall MCT be liable for any actual or consequential damages arising from any claim of delay or any payment process-related errors or delays.

Maintenance:

Site access is not possible during maintenance periods. Users may be informed about maintenance periods wherever possible.

User agrees and acknowledges that MCT shall never be held responsible for any problems and related damages that may arise due to internet malfunctions/connectivity issues and when the site is closed for maintenance/updating with or without prior notice.

Prohibited Use:

User can only use the website as expressly permitted by MCT. User may not cause harm to the website. Specifically, but not by way of limitation, User may not:

• Interfere with website performance by using viruses or any other technology or program designed to affect performance, content, and/or appearance of the website.
• Modify or create derivatives of work by reverse engineering, decompiling, or disassembling any technology.
• Collect any user information used for registration.

User Obligations

You agree and undertake not to host, display, upload, modify, publish, transmit, update, or share any information or list any information or item that:

• belongs to another person and to which you do not have any right to;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially/ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening, unlawfully harassing or harming minors in any way;
• infringes any patent, trademark, copyright, or other proprietary rights, third party’s trade secrets, rights of publicity, or privacy, or involves fraudulent transactions or the sale of counterfeit or stolen items;
• violates any law for the time being in force;
• deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates another person or uses an anonymous proxy;
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, ransomware, cancelbots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or personal information;
• threatens the unity, integrity, defense, security, or sovereignty of America, friendly relations with foreign states or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
• is false, inaccurate or misleading;
• directly or indirectly offers, attempts to offer, trades, or attempts to trade in dealings which are prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation, or guideline for the time being in force;
• may give rise to liability on part of the site or the MCT or cause any hindrance (in whole or in part).

In case of any violation of the above provisions, MCT has the right to immediately terminate the access or usage rights of the User to the site without any notice, and any such violative information that is displayed or submitted on the site can be removed immediately and completely.

You shall be responsible for keeping backup versions of the information and data that belongs to you. You hereby agree that you will not expect the site to restore or keep back up of your information and data and not hold the site or MCT accountable for any loss of data in any circumstances.

You will also refrain from accessing information or databases in an unauthorized manner from the site or servers where information or databases are kept.

You shall not attempt to circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the site and for taking appropriate legal actions.

If you choose to provide feedback on the site which is visible to other users, you shall exercise due care while making comments and not make any comments that are not factual in nature and shall not post defamatory, illegal, or offensive/obscene content.

You undertake not to disclose or distribute any other User’s information to a third party, or use the information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User’s express consent to do so.

You shall not place any advertisements on the site in any manner. Further, you shall not use the site to promote any other person’s business or interests on the site unless expressly permitted by MCT in writing.

Copyright

All the content including but not limited to: designs, graphics, organizations, and digital conversions related to MCT website are protected under applicable copyrights, trademarks, and other property rights. Copying, downloading, or redistribution of any such matters or any part of site, except outlined in these TOS, is strictly prohibited.

User will retain ownership of the content that is used, referred, or uploaded by User during the use of the site. While using any outside content, User grants following licenses to MCT: the non-exclusive, worldwide, transferable, sublicensable right to copy, crop, reproduce, publicly display, sell, and distribute design in or on products and in advertising, marketing, samples, and promotional materials for MCT, and the right to make modifications to Users’ design.

User may remove the design, graphics, or file, designed or uploaded by the User, at any time during the usage of the website. After the content designed by the user is transferred to the MCT, if User chooses to remove that content, please notify MCT in writing. Any orders that have been derived from that content will be fulfilled prior to the written notification of termination.

If User believes that her/his work has been copied in a way that constitutes copyright infringement, please provide our copyright agent (sales@MCTCustomDesigns.com) the following information:

• Written document with signature of the person authorized to act on behalf of the owner of the copyright interest.
• Details on the material that is claimed as infringed.
• Contract information.
• Our Agent will quickly act on any such notice received.

Reservation of Rights:

MCT reserves the right but does not assume the obligation to monitor transactions and communication that occurs through the website. If MCT determines, in its sole and absolute discretion, that User has breached a term or condition of these TOS, MCT may cancel such transactions and restrict access.

MCT may modify the site MCT Custom Designs.com.au at any time without any prior notice and will incur no liability for doing so.

Representation and Warranties:

User of the site represents and warrants to MCT that in use of the MCTCustomDesigns.com site, User will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other legal right of any third party. User further represents and warrants to MCT that there are no claims, demands, or any form of litigation pending to the best of User’s knowledge, threatened with respect to any of User’s content. MCT will not be required to pay any third party related to using the content provided by the User. User’s content should not cause direct or indirect injury to any third party and should be free of viruses or any other program or technology that can cause direct or indirect damage to the site.

Disclaimer and Exclusions:

MCT provides a website service (MCTCustomDesigns.com) on an ‘as is’ and ‘as available’ basis. MCT does not represent or warrant that site will be uninterrupted, will be free of errors and inaccuracies, will be reliable, will be timely, and will meet User’s requirements. MCT makes no warranties other than those made expressly in these TOS, and hereby disclaims any and all implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement.

MCT will not be liable to any User or any third party for any consequential, incidental, indirect, punitive, or special damages including damages relating to lost profits, lost data, or loss of goodwill arising out of, relating to, or connected with (a) the use of the site or any service or products based on any cause of action, even if advised of the possibility of such damages, (b) the content contained on the site, or (c) any delay or failure in performance beyond control of the Covered Party.

Limitation of Liability:

Limitation of liability, except for a breach of a party’s representations and warranties under these TOS or in connection with your indemnity obligations under these TOS, in no event will the liability of MCT exceed the value of the products ordered or serviced rendered. The value of the products or services are limited to the stated value on the MCT site MCTCustomDesigns.com or the amount charged to the customer.

Indemnification:

User must indemnify and hold MCT and its employees, partners, suppliers, representatives, agents, affiliates, directors, officers, managers, and shareholders (if applicable) harmless from any damage, loss, or expenses (including without limitation reasonable attorney’s fees and costs) incurred in connection with any third-party claim, demand, or action (“Claim”) brought against any of the parties alleging that User has breached any of these TOS through any act of omission, including but not limited to any claim that your content infringes or violates the rights of any other party. If you have to indemnify MCT under this section, MCT will have the right to control the defense, settlement, and resolution of any Claim and your sole expense. You may not settle or otherwise resolve any Claim without MCT’s express written permission.

Termination:

These TOS will survive indefinitely unless and until MCT terminates them. MCT may suspend or terminate User’s use of the website MCTCustomDesigns.com if it believes, in its sole and absolute discretion, that you have breached the terms of these TOS.

If either User or DBP LLC terminate User use of MCTCustomDesigns.com, MCT may delete any Content or other materials relating to your use of DPB website or services on the DPB servers or otherwise in its possession and MCT will have no liability to you or any third party for doing so.

Registration:

By registering on our website, you will be automatically subscribed to our newsletter subscription / promotional emailer / SMS programs.

User might be asked to register at the site. User must agree to provide accurate, complete registration information. Each registration is for personal use only and access to that information should not be made available to any third party. MCT does not permit any third party to view, alter, or in any way use User’s registration section.

Color Matching:

MCT uses standard industry software for designing and printing purposes and sells products via a website accessed by internet-connected devices. There are differences in construction and configuration between computer screens and monitors. The fact that there is no true uniformity in standards to which monitors and screens must conform results in a variance in color from monitor to monitor, screen to screen. Further, monitors use light to display images and use a standard known as RGB. MCT produces colors on a variety of machines, none of which use light. As such, User agrees that MCT does not guarantee exact color matching or that printed colors will appear exactly as they do on User’s screen or monitor. Slight color variations are possible and will not be considered a production mistake and will not be eligible for refund or return or reproduction. MCT uses best judgment to match colors, but if you need visually matching colors, we suggest ordering sample product.

Production:

MCT uses production facilities inside and outside of the country. It cannot guarantee where the production will happen for each product and order. Your order may be manufactured in the United States or abroad.

Design Proofing:

MCT will not proofread any design made by the User. Please double check all your designs before submitting the order. MCT cannot be held responsible for mistakes in design made by the customer.

MCT will print the file you submit as is. In the case where a proof is requested, MCT will produce the last proof approved by the User. Any changes to the proof have to be done before approval of the proof.

Materials

MCT Custom Designs sells products made out of several different types of materials: High Quality PVC Flex, PVC Mesh, Polyester Fabric, Processed Cloth (Plastic Satin material), PVC Free Flex, 100% Polyester Mesh Fabric, Art Cotton Canvas, Corflute, Reflective Film, aluminum, mesh fabric, etc.

You agree that you have read our website and/or researched independently and that you know what each of these materials is and what you are buying. MCT Custom Designs only guarantees that you will receive the materials advertised on the Web Site that you purchase. You agree that MCT Custom Designs is not responsible for products received that are made of materials thought by the purchaser to be something other than advertised on the Web Site.

As an example, you agree MCT Custom Designs is not responsible if the Corflute + Reflective Film received by the purchaser is not what the purchaser envisioned Corflute + Reflective Film would be.

You agree that all products produced and sold by MCT Custom Designs are for novelty purposes only. MCT Custom Designs does not make any claims about the legal compliance or registration of signs, license plates, or any other products sold by MCT Custom Designs or by a MCT Custom Designs affiliate. You agree to check with any applicable legal authority for the standards, rules and regulations governing the types of signs, license plates, or other products permitted for your particular use.

Delays:

MCT Custom Designs shows estimated delivery date for each order on MCTCustomDesigns.com. These dates are indicative dates only and are based on production-ready orders and don’t include any public holidays or shipping delays. Any delay due to shipping has to be addressed directly with the shipping company.

Production time and shipping time is a general reference guide only, the actual delivery date is subject to daily production capability and couriers’ performance. If the order is urgent or required by a specific date, please notify us and we will take necessary steps to ensure the order is sent out within the specified timeframe. However, we have no control over 3rd party couriers’ performance, and we are not liable for delays arising from couriers’ shipping service.