User Terms for www.getitmade.com 1. This page (together with the documents referred to in it) sets out the terms and conditions that apply to your use of the website www.getitmade.com and its related sub-domains (the website), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the website. 2. If you wish to advertise or sell goods or services through the website, please note that other terms and conditions will also apply: Terms of Use for Innovators 3. Whenever you agree to buy goods or services using the website (Products), the contract will be between you, as the buyer, and the other party, as the seller (Innovator), and we will have no responsibility or liability under that contract. The contract will be subject to the Terms of Sale that you will be required to accept before you buy any goods or services. It is your responsibility to read the Terms of Sale before you agree to buy any goods or services. 4. 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 use the website. 5. We reserve the right to amend these terms at any time. It is your responsibility to review these terms each time you agree to buy any goods or services via the website. Information about us 6. 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 the website 7. 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. 8. 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. 9. When using the website, you must comply with the provisions of any Acceptable Use policy we publish on the website. 10. To register as a user of the website, you must be at least 18 years old. 11. If you are registering as a business user of the website, you represent and warrant that you (the individual doing so) have the authority to do so and to bind any relevant legal entity on whose behalf you are acting. 12. 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. 13. We reserve the right to suspend your access to the website or your registration as a user 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. Transactions concluded through the website 14. Contracts for the supply of goods or services formed through the website or as a result of visits made by you are governed by the Terms of Sale. PLEASE BE ADVISED THAT ALL SUCH CONTRACTS ARE FORMED DIRECTLY BETWEEN YOU AS THE BUYER AND THE INNOVATOR AS THE SELLER OF THE GOODS OR SERVICES IN QUESTION, AND THAT WE HAVE NO OBLIGATIONS OR LIABILITY UNDER THAT CONTRACT, AS STATED IN THE TERMS OF SALE. 15. 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. 16. You must use any personal details you obtain about third parties from using the website or in relation to any contract to buy Products only for the specific purpose for which those details were provided to you. 17. You must comply with the Terms of Sale in relation to any contract you enter into to buy Products. 18. You must not interfere with transactions involving or connected with the website which you are not a party to (whether directly or indirectly). 19. 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). You must not encourage other people to do these things. 20. Where you obtain from the website any information about a potential sale of goods or services that an Innovator wishes to make through the website, you must not offer or agree to buy those goods or services from that Innovator other than through a contract entered into through the website. You must not encourage other people to do these things. 21. You must only make bona fide enquiries about potential purchases of goods and services through the website. Service Fees 22. Please be advised that GETITMADE LIMITED is paid a service fee by Innovators on the sale of Products, and may be paid introduction fees by other parties. Cancelling your registration as a user 23. You can cancel your registration as user of the website at any time but this will not affect your obligations under the Terms of Sale in relation to any contract you have entered into to buy Products. 24. YOU SHOULD READ THE TERMS OF SALE CAREFULLY BEFORE AGREEING TO BUY PRODUCTS, OR EXPRESSING AN INTEREST IN BUYING PRODUCTS, AS THEY SET OUT YOUR RIGHTS TO CANCEL CONTRACTS TO BUY PRODUCTS. Intellectual property rights 25. 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. 26. You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organization to material posted on the website. 27. You must not use any part of the materials on the website 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. 28. GETITMADE is a trade mark of getitmade limited. Content of the website 29. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We will have no liability or responsibility for any reliance placed on such materials by any visitor to the website or by anyone informed of any of its contents. 30. We may change the content of the website at any time. If the need arises, we may suspend access to the website, or close it indefinitely. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material. 31. If you have any concerns about material which appears on the website, please contact info@getitmade.com. Our liability and status 32. 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. 33. 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.
34. 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 Fee applicable to the goods or services you have bought using the website in the 12 months prior to such liability arising, or £100, whichever is the greater amount. 35. 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. 36. 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 to buy Products. Information about you and your visits to the website 37. We process information about you in accordance with our Privacy Policy. By using the website, you consent to that processing and you warrant that all data provided by you is accurate. Uploading material to the website 38. 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. 39. 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. 40. 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. 41. 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 42. 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. 43. 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 44. 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. 45. 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 46. 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 47. 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. Last updated: edited |