1. The following terms and conditions (together with the documents referred to in them) apply to your use of the website www.getitmade.com and its related sub-domains (the website) as a potential seller of goods or services (Innovator). Separate terms and conditions apply to other forms of use of the website: Website Terms of Use.

2. If there is any conflict between these Terms of Use for Innovators and the separate Website Terms of Use, these terms will prevail.

3. Whenever you agree to sell goods or services using the website (Products), the contract will be between you, as the seller, and the other party, as the buyer, and we will have no responsibility or liability under that contract. This contract will be subject to the Terms of Sale.

4. Whenever you agree terms with a manufacturer for the production of your goods to be sold through getitmade.com, you will be required to share share the quote and/or contract with us prior to your project proceeding to the pre-sale phase.

5. By using the website you indicate your acceptance of these terms of use and your agreement to abide by them. If you do not agree to these terms of use you should not register as an Innovator on the website.

6. We reserve the right to amend these terms at any time on notice to you. If we notify you that we have amended these terms, the amended terms will apply to any new Products you upload to the website, and will also apply to any existing Products unless we notify you otherwise. It is your responsibility to review these terms each time you upload a Product to the website.

Information about us

7. www.getitmade.com is a website operated by getitmade limited ("We"). We are registered in England and Wales as a limited company under company number 07271747 and have our registered office at 2 Hallgarth, Pickering, North Yorkshire YO18 7AW. We are not currently registered for VAT.

Accessing and using the website

8. We reserve the right to withdraw or amend the website or any service we provide on the website without notice. We will have no liability or responsibility if for any reason the website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the website, or our entire website, to users who have registered with us.

9. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.

10. When using the website, you must comply with the provisions of any Acceptable Use policy we publish on the website.

11. To register as an Innovator on the website you must be at least 18 years old.

12. If you are registering on behalf of a limited company or LLP or other corporate entity, you represent and warrant that you (the individual doing so) have the authority to do so and to bind the legal entity on whose behalf you are acting.

13. You agree to indemnify (i.e. compensate) us for any loss, damage, cost or expense we suffer as a result of a failure by you to observe and comply with the conditions of these terms of use or any document referred to in them.

14. We reserve the right to suspend your access to the website or your registration as an Innovator immediately if you fail to comply, or we have reasonable grounds to believe that you are failing to comply, with any of these terms of use or any document referred to in them.

Submitting your Products

15. Any Product which you propose to sell through the website must be a product which can lawfully be sold in the United Kingdom, which (including its instruction and packaging) complies with the law, and applicable standards in all respects and is safe product as defined in the General Product Safety Regulations 2005. It is your responsibility to ensure that this is the case. You will indemnify us against any loss or damage we suffer in relation to any claim that any Product which you place on the website fails to comply with the foregoing requirement.

16. We may refuse to permit you to sell your Product through the website, or withdraw your Product from the website if at any time and in our absolute discretion we consider it is unsuitable, whether on grounds of bad taste, health and safety, illegality, customer complaint or otherwise. We will have no liability to you whatsoever for choosing to do this, regardless of the stage of the production cycle at which we take such action.

17. You warrant that your Products do not, and their sale via the website and their intended use by their intended purchasers, will not infringe the intellectual property rights or other rights of any third party. You also warrant that any Product information and related content (including images, designs, trade marks and text) provided to us for use on the website ("Product Content") will not infringe the intellectual property rights or other rights of any third party. You will indemnify us against any claim from any third party that the Products or Product Content infringe its rights. We will notify you promptly upon becoming aware of any such claim.

18. The information concerning your Products must contain all information required to be disclosed under applicable legislation, including the Consumer Protection (Distance Selling) Regulations 2000 (as amended) ("Distance Selling Regulations").

19. Once the threshold for your Product has been met, customers have a right to cancel their contract under the Terms of Sale if they have not received their Products within a certain timeframe (as set out in the Terms of Sale). We therefore recommend that, to ensure Products are manufactured are quickly as possible once the threshold has been met, you check the level of interest in your Products at least weekly to gauge when the threshold might be met. You should make as much progress as possible with discussions with potential manufacturers or suppliers prior to that happening.

Transactions concluded through the website

20. Contracts for the supply of goods or services formed through the website are governed by the Terms of Sale. PLEASE BE ADVISED THAT WHILE WE ACT AS PAYING AGENT, FOR CONVENIENCE, ALL SUCH CONTRACTS ARE FORMED DIRECTLY BETWEEN THE CUSTOMER AS BUYER AND THE INNOVATOR AS SELLER OF THE GOODS OR SERVICES IN QUESTION, AND THAT GETITMADE HAS NO OBLIGATIONS OR LIABILITY UNDER THAT CONTRACT, AS STATED IN THE TERMS OF SALE.

21. Any dispute between Innovators and customers in relation to a sale of any goods or services will be resolved through the getitmade Dispute Resolution Procedure. We do not take any responsibility for acting as a referee, mediator, arbitrator or expert in relation to any such dispute. You release us (and our officers, directors, employees and contractors) from claims and damages of any kind relating to such a dispute.

22. You must use any personal details you obtain about third parties from using the website or in relation to any sale or manufacturing agreement only for the specific purpose for which those details were provided to you. We take the security of the personal data of the website's users seriously, and in accordance with that policy we will not disclose any personal data to you in relation to any potential purchaser of your Products until such time as Products are ready to be shipped.

23. You must comply with the Terms of Sale in relation to any contract you enter into for the sale of Products.

24. You must not interfere with transactions involving or connected with the website which you are not a party to (whether directly or indirectly).

25. You must not attempt to distort the price or other terms of any proposed transaction involving or connected with the website (whether involving you or otherwise, and whether directly or indirectly), including by shill-bidding or similar activities. You must not encourage other people to do these things.

26. Where you obtain from the website any information about a potential purchase of your goods or services that a user of the website wishes to make through the website, you must not offer or agree to sell your goods or services to that user other than through a contract entered into through the website. You must not encourage other people to do these things.

27. You must only make bona fide offers about potential sales of goods and services through the website.

28. It is important to us to maintain the reputation of the website as a safe, secure, enjoyable and reliable environment for both innovators and customers to do business. For that reason, we require Innovators to act professionally and courteously in all of their dealings with customers and potential customers, and with us. Innovators are required to comply with all reasonable instructions and codes issued by our Customer Services department from time to time, and to respond promptly to any communications from us. We may require, as a condition of handing certain Products, that Innovators accept our project management service.

Service Fees and Other Payments

29. You will pay us a service fee on gross sales of your products through the website at 10% plus any applicable VAT or other sales or other taxes.

30. Service fees are non-refundable once paid. We will not refund service fees where Products are returned to you. We recommend you ensure that your agreement with the manufacturer or other supplier of the Products gives you recourse against the manufacturer or supplier if Products are returned because they are faulty or do not meet agreed specifications.

31. Payment of our service fees will be deducted by us automatically when we process payments as your paying agent on sales of Products.

32. You will pay any additional fees or charges we separately agree for any special or additional service we provide to you.

33. You will pay us interest at the rate prescribed under the Late Payment of Commercial Debts (Interest) Act 1998 (whether or not such Act applies to this agreement) on any late payments or under-payments of service or other fees or charges.

34. You agree to take the risk that any payment we are to collect on your behalf or otherwise as your payment agent is declined or reversed (for example a credit card reverse charge or bouncing cheque), and we may seek immediate repayment from you of any sums paid over which are subsequently declined or reversed (in which case you shall repay us immediately on demand) or, at our option, deduct such sums from any money we owe to you. If any payment is declined or reversed, that shall not remove your obligation to pay any service fee in respect of it.

Cancelling your registration as an Innovator

35. We may cancel your registration as a Innovator at any time if you breach these terms. At our option, we may choose to maintain your registration in relation to any existing Products (whether in pre-sale, on sale, or otherwise), but not permit you to advertise any new Products.

36. You may not cancel your registration once a Product has been uploaded to the website without our prior written consent, which we will not unreasonably withhold where you have a bona fide reason for doing so.

Intellectual property rights

37. You are advised that by uploading a Product to the website you may lose the right to seek a patent for your Product, or technology that forms part of the Product. You should contact us in confidence at info@getitmade.com if you think your Product may be patentable or contain patentable technology. Basic information about patents is available on the website of the Intellectual Property Office at http://www.ipo.gov.uk/types/patent.htm.

38. We are the owner or licensee of all intellectual property rights in the website and the material published on it. Those works are protected by copyright, trade mark and other laws around the world. All such rights are reserved.

39. Where you upload or provide us with Product Content for publication on the website, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable licence to use that Product Content.

40. You hereby authorise us to use Product Content to advertise the website without any further consent from you being required.

41. You must not use any part of the materials on the website, other than your own Product Content, for commercial purposes or for any other purpose not permitted by these terms of use without obtaining a licence to do so from us or our licensors.

42. GETITMADE is a trade mark of getitmade limited.

Our liability and status

43. The material and content displayed on the website is provided without any guarantees, conditions or warranties from us as to its accuracy. To the extent permitted by law, we and other members of our group of companies expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

44. You acknowledge that it is your own responsibility to ensure that any sale of products and services by you under the Terms of Sale through the website will comply with all applicable laws in every relevant territory.

45. We will not be responsible to you for:

any losses which are not a foreseeable consequence of an act or omission by us relating to the website. Losses are foreseeable where they could be contemplated by you and us at the relevant time you used the website
loss of income, revenue, business, profits, or contracts
loss of anticipated savings
loss of or corruption to data
loss of goodwill
wasted management or office time.

46. Regardless of the previous paragraphs in this section, if we are found to have any liability to you, that liability will be limited to 110% of the value of the service fees you have paid to us in relation to the goods or services you have sold using the website in the 12 months prior to any such liability arising.

47. None of the above affects our liability for death or personal injury arising from our negligence, nor for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

48. No agency, partnership, joint venture, employment relationship or franchise relationship is intended or created between you and us as a result of your use of the website or by you entering into any contract for the sale of products or services using the website, or otherwise.

Information about you and your visits to the website

49. We process information about you in accordance with our Privacy Policy. By using the website, you consent to such processing and you warrant that all data provided by you is accurate.

Uploading material to the website

50. Whenever you make use of a feature that allows you to upload material to the website, or to make contact with other users of the website, you must comply with the content standards set out in any Acceptable Use policy we publish on the website. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

51. Any material you upload to the website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the website breaches or infringes their legal rights, including their intellectual property rights and right to privacy.

52. We will not be liable or responsible to any third party for the content or accuracy of any materials posted by you or any other user of the website.

53. We have the right to remove any material or posting you make on the website if, in our opinion, such material does not comply with the standards set out in any acceptable use policy we publish on the website.

Viruses, hacking and other offences

54. You must not misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the website, the server on which the website is stored or any server, computer or database connected to the website. You must not attack the website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and disclose your identity and relevant personal details to them. In the event of such a breach, your right to use the website will cease immediately.

55. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it.

Links to and from the website

56. You may link to our home page (and specific product pages using the persistent links we provide for this purpose) provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, and does not suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The website must not be framed on any other website. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in any acceptable use policy we publish on the website.

57. Where the website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no liability or responsibility for them or for any loss or damage arising from your use of them.

Jurisdiction and applicable law

58. The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These terms of use are governed by English law.

Variations

59. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the website.

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