Terms and Conditions
Last Modified: June 17, 2018
2. Summary of Terms
Here is a summary of some important provisions covered in this Agreement. Please note that this summary is only provided for your convenience and does not replace your obligation to fully read and understand the Agreement. You should always read the full Agreement before entering into any transaction with our Company:
- You must be at least eighteen years of age to enter into this Agreement with the Company;
- Where the Seller does not provide a cancellation and refunds policy, all cancellations and refunds will be governed by the default cancellation and refund policy as outlined in article 6(b) of this Agreement;
- Your payment information is collected and processed by Stripe, Inc. By providing any payment information to Stripe through our Platform, you agree to abide by Stripe Inc’s legal terms and privacy provisions;
- Wherever applicable the Company is obliged to collect Value Added Tax (“VAT”) on sales made to Buyers within the European Union at the applicable rate of their country and to remit the collected VAT to the appropriate tax authorities of that European country by the Company;
- By selling products through the Platform, seller agrees to pay the platform fees as specified in article 9 of this Agreement;
- Sellers on Loadette platform have specific obligations which are specified in article 10 of this Agreement any violation of these obligations will amount to a material breach of this Agreement;
- The Company will not be held responsible for any user conduct, whether online or offline;
- Copyright violations are serious offence and we do not condone such behaviour on the platform;
- The Company is offering the Platform Services subject to certain disclaimers of warranties and limitation of its liability, please carefully review these provisions and if you do not agree with them please do not use the Platform.
3. Key Terms
Unless explicitly stated otherwise, any reference to the following words in the Agreement will have the following meaning:
“Buyer” – refers to a registered User who purchases a digital product through the Platform.
“Seller” – refers to a registered Users who creates/offers digital products for sale to prospective Buyer through the Platform.
“User” – refers to all Platform Users and includes Buyers, Sellers and Visitors.
“Product” – refers to any digital product offered, listed or sold by the Seller and purchased by the Buyer through the Platform.
“Shop” – refers to Seller’s online shop on the Loadette Platform that enables Sellers to list, promote and sell their copyrighted digital products to prospective Buyers.
“Platform Services” – refers to all proprietary software functionality that enables Users to search, view, list, buy, sell, deliver any digital products through the Platform, including the ability to communicate with other Users, rate and review their experiences.
“Platform fees” – refers to the commission fees payable by the Sellers for products sold through the Platform.
“Order” or “Sale Agreement” – refers to the agreement between the Buyer and the Seller whereby the Buyer agrees to buy a product from the Seller and the Seller agrees to make the product available to the Buyer through the Platform.
The Company reserves the right to amend any provision of this Agreement as well as the right to discontinue the Platform Services. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Unless expressly stated otherwise, all modifications will be effective when we post the updated terms on the Platform. Your continued use of the Platform Services after the effective date will be deemed as acceptance of the modified terms. Any failure on your part to review the modified terms is solely your responsibility and the Company will not be held liable for any loss or damage suffered by you as a result of your failure to review the modified terms.
You must be at least eighteen years of age to buy or sell products through the Platform. If you are under the age of eighteen (18) years your parent(s)/legal guardian(s) must consent on your behalf for your use of the platform. By granting their consent your parent(s) and legal guardian represent and warrant to the Company that they have read and agreed to be bound by these terms and take full responsibility for your acceptance and compliance with these Terms.
Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or entity and to bind the former to this Agreement.
IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT ACCESS THIS PLATFORM AND YOU MAY NOT UNDER ANY CIRCUMSTANCES SUBMIT YOUR PERSONAL INFORMATION THROUGH THE SITE. WE DO NOT KNOWINGLY COLLECT ANY PERSONAL INFORMATION FROM PERSONS UNDER THE AGE OF THIRTEEN.
6. Loadette Marketplace
Loadette is a unique online marketplace that enables Users to buy and sell digital products such as party props, photoshop templates and other digital products from anywhere and anytime.
Sellers on Loadette can offer both instantly downloadable products as well as custom products. Buyers can browse through the online marketplace, read reviews, ask any product related questions from Sellers before purchasing.
Sellers can start their online shop by registering as a ‘Vendor’ and start building their online shop by uploading their products, adding product description, product license information, their cancellation and refund policy as well as the price of the product.
There is no fees for Sellers to start an online shop on the Platform or any obligation to offer products exclusively on Loadette. Sellers only pay when they sell products through the Platform. Sellers get 88% commission and the remainder goes towards the payment of Platform transaction fees and payment processor charges.
a. Buying and Selling Products through the Platform
- When a Buyer places an order through the Platform for a product listed on the Seller’s shop, the payment is processed via Stripe payment processor and a legally binding agreement comes into effect between the Buyer and the Seller.
- All obligations for delivering the ordered product are transferred to the Seller and the Buyer is bound by the Seller’s cancellation and refund policies as stated on the Seller’s online shop.
- Buyers are advised to review the Seller’s cancellation and refund policy before placing any orders through the Platform to avoid any disputes. Please note the Seller’s cancellation and refund policies override the default cancellation and refund policy outlined below.
- All users are hereby advised not to disclose any financial information (e.g., credit card or bank account numbers) to other individuals. We do not verify the identity of our Users and we are unable offer any guarantees that a User is who they claim to be.
b. Default cancellation and refund policy for product sales
In the event an online shop does not state any cancellation and refund policy for listed products, all cancellations and refunds will be governed by this default cancellation and refund policy.
- Instant Downloads – In the case of instantly downloadable products, the Buyer understands and accepts that the product cannot be canceled after it becomes downloadable which is immediately after the payment is processed. However, the Buyer is entitled to claim a refund in instances where the product is not fit for purposes. If this is the case, the Buyer must immediately contact the Seller via the Platform and notify the Seller of the issue. If the Seller fails to rectify the issue within 72 hours from the time you placed your order, please contact us at firstname.lastname@example.org with your order number and we will help resolve the issue.
- Custom Orders – With custom products, the Buyer may only cancel the order with the consent of the Seller. The Buyer may not cancel an order and request refund if the Seller has already delivered the work or if the Seller has started the custom work requested by the Buyer. However, the Buyer is entitled to request a refund in instances where the product delivered by the Seller is not fit for purposes or as described. If this is the case, the Buyer must immediately contact the Seller via the Platform and notify the Seller of the issue. If the Seller fails to rectify the issue within 72 hours from the time you placed your order, please contact us at email@example.com with your order number and we will help resolve the issue.
All refunds requests are dealt with on a case by case basis. If you qualify for a refund we will process the refund to the same account that you used to place the order. Please note that processing of your refund may take time and we do not offer any guarantees as to the exact time and date of refund amount reaching your account.
7. GENERAL DISCLAIMER
THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF YOUR USE OF THE PLATFORM SERVICES OR ANY PRODUCT PURCHASED THROUGH THE PLATFORM.
THE COMPANY ONLY PROVIDES THE PLATFORM TO ASSIST USERS TO BUY AND SELL DIGITAL PRODUCTS ONLINE. THE COMPANY IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PRODUCT DESCRIPTION AND WE WILL NOT BE HELD LIABLE FOR ANY MISREPRESENTATION BY ANY USER ON THE PLATFORM.
THE COMPANY IS NOT THE SELLER OF PRODUCTS OFFERED THROUGH THE PLATFORM, AND WE DO NOT SUPERVISE, DIRECT, CONTROL, VERIFY OR QUALITY CHECK ANY PRODUCTS OFFERED BY SELLERS THROUGH THEIR ONLINE SHOPS ON THE PLATFORM.
WE DO NOT ACT AS AN EMPLOYER OR AGENT ON BEHALF OF ANY USER AND WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY CONSEQUENCE RELATING WHETHER DIRECTLY OR INDIRECTLY, ARISING OUT OR RELATED TO SALE, PURCHASE OR USE OF ANY PRODUCTS MADE AVAILABLE THROUGH THE PLATFORM.
ALL SALE AGREEMENTS ARE BETWEEN BUYERS AND SELLERS ONLY. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER THE SALE AGREEMENT. WE WILL NOT BE HELD RESPONSIBLE FOR ANY LOSSES, CLAIMS, DAMAGE OR INJURY OF ANY NATURE, ARISING OUT OF OR RELATED TO THE CONDUCT OF ANY USER.
THE COMPANY DISCLAIMS ANY AND ALL LIABILITY ARISING FROM YOUR USE OF OUR PLATFORM. ACCORDINGLY YOUR DECISION TO USE THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.
8. Account set-up and safety
You can browse through the Platform without signing up but to make use of the unique features and functionality offered by Loadette, you must create an account at www.loadette.com. You are required to provide us with correct and current information at the time of account registration. You agree to provide only true and accurate information during the account registration process. In the event of any material change in your account details, please immediately edit your account information on the Platform or alternatively contact us at firstname.lastname@example.org with the words “Account details” in the subject line.
Your account is access controlled and the Platform relies upon its Users to protect their login credentials. You accept that you are solely responsible for any activity that occurs on your account and you agree that you will maintain the confidentiality of your login credentials.
You also agree that you will never use another User’s account for any purposes whatsoever. You release us from any liability arising from or related to any unauthorized access to your account. In the event of any security breach or suspicious activity, you must immediately notify us at email@example.com. You hereby release us from any liability, damage, claim or loss arising out of or associated with any unauthorized use of your account or security breach.
The Company reserves the right to introduce any new paid features and functionalities without giving any notice to you. You accept and acknowledge that any paid functionality will be governed by our Payment and Refund provisions as outlined in Article 9 below.
We reserve the right to immediately suspend or terminate your account if we discover that you have provided inaccurate, fraudulent or incomplete information to us during your account registration or anytime thereafter.
9. Payment and Refunds
All payments on the Platform are collected and processed through secure Stripe Payment processor.
Buyers can place their orders and make payments using any major credit or debit card through the Platform. Sellers receive their commission on all sales made through the Platform, in their bank account, on a fortnightly basis. Sellers are required to provide their banking details in order to be able to receive payments for products they sell through the Platform. Please note that the Company does not hold any User credit card or banking information on its records and all information is collected and managed by Stripe Inc. By placing an order or listing a product for sale through the Platform, you agree to abide by Stripe’s terms and conditions. To learn more about the legal policies and practices of Stripe Inc please click here.
Wherever applicable the Company is obliged to collect Value Added Tax (“VAT”) on sales made to Buyers within the European Union at the applicable rate of their country and to remit the collected VAT to the appropriate tax authorities of that European country by the Company.
When a buyer places an order through the Platform, Stripe collects the full sale amount including VAT where applicable from the Buyer and transfers 88% of the sale amount excluding VAT to the Seller’s account on a fortnightly basis.
By accepting these terms and conditions and making use of the Platform Services, Seller expressly consent to the payment of platform fees and any other charges imposed by our chosen payment processor. Wherever applicable the Company will include VAT in the Platform fees at the prevailing rate of Vendor’s country of residence.
Buyers are advised to carefully read the product description, license the Seller will grant to the Buyer upon purchase and review the Seller’s cancellation and refund policy before making any purchases to avoid any disputes.
In the event where a Seller refunds the Buyer for a product purchased through the Platform, the Seller will be entitled to claim back the Platform fee paid to the Company less any payment processing charges which are payable.
All refunds will be processed by Stripe and the parties will receive email notification of such refunds.
Users agree to make all payments relating to the sale and purchase of products through the Platform. Any action or attempt to encourage or solicit complete or partial payment outside of the ambit of Platform will constitute material breach of this Agreement. We are unable to offer any protections to Buyers and Sellers who enter into transactions outside the Platform.
In the event of chargebacks and payment disputes, we will act on behalf of the Seller to resolve the dispute with Stripe. Although we cannot offer any guarantees that the dispute will be resolved in favor of the Seller and full or partial payment will be made to the Seller’s account, whenever possible we will take the steps in accordance with Stripe’s Policy to resolve disputes.
10. Seller Obligations
As a Seller you represent and warrant that:
- You are solely responsible for all products you list on your Loadette shop;
- You have the legal right to use any content that you list or post on the Platform including all required and necessary licenses, permission and authority to authorize Loadette to reproduce, distribute, publicly display and offer in accordance with the provisions of this Agreement.
- You will not list or sell any illegal products through the Platform;
- You will not upload, post or sell products that infringe upon the intellectual property rights of any third parties.
- You will not post any content or information that is false, inaccurate, misleading or deceptive in nature;
- All Products listed or sold through your Loadette shop will be described accurately and will not be misleading or fraudulent;
- You will take full responsibility for any and all Products listed or sold through your Loadette shop and to amicably resolve any disputes between you and the Buyer;
- You will clearly state your cancellations and refund policy for prospective Buyers benefit as well as information about the license which you are offering to grant the Buyer for a specific product;
- You will not list or sell any offensive, obscene, pornographic, degrading, misleading content or products on the Platform;
- You will promptly and efficiently perform all your obligations to Buyers under sale agreement and towards the Platform under this Agreement;
- You will ensure that You are aware of any applicable laws and regulations including taxation laws in your local jurisdiction and you agree that you are solely responsible for compliance with these laws and fulfilment of your tax obligations;
- You will conduct yourself in professional manner;
- You will not post any unsolicited, unauthorized, crass advertisement through your Loadette shop;
- You will not use the Platform to promote another business outside of the Platform;
11. User Obligations
As a User of the Platform you agree that:
- You have read, understood and agreed to abide by all the terms of this Agreement;
- You will act in compliance with all applicable laws and/or regulation;
- You will promptly and efficiently perform all your obligations towards other Users and towards the Platform under this Agreement;
- If you buy any product through the Platform, you will ensure that you are aware of any laws that apply to you as a Buyer of Products.
- You will not post any content that may be potentially or actually harmful to the Company or any User;
- You will not post any content or information that is false, inaccurate, misleading or deceptive in nature;
- You will not infringe any User or third party’s copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights including but not limited to rights of publicity, confidentiality or privacy;
- You will not use the Platform to conduct any unlawful or illegal activity;
- You will not post any content that may be deemed defamatory, libellous, threatening or harassing;
- You will not post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;
- You will not cause harm or subvert the function of the Platform by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or information stored on the Platform;
- You will not post or upload any content on the Platform that may be potentially or actually harmful to the Company or any other Platform User;
- You will immediately notify us of any change in your account information or any issues that you encounter during your use of the Platform;
- In the event of any dispute, you agree to notify us immediately with detailed description of the dispute and make your best effort to assist us in expeditious resolution of dispute;
- You will not modify, adapt, translate, or reverse engineer any portion of the Platform;
- You will not collect any information about other Users (including names, email addresses) for any purpose;
- You will not reformat or frame any portion of the Platform without express written consent of the Company;
- You will not create User accounts by automated means or under false or fraudulent pretences;
- You will not submit any content or material on any third-party sites, that falsely express or imply that such content or material is sponsored or endorsed by the Company;
- You will not transmit any viruses, defects, trojan horses or other items of a destructive nature;
- You will not copy or store any content offered on the Platform for other than your own use;
- You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
12. Community Guildelines
When you register an account as a user on www.Loadette.com you get some rights and privileges that other website visitors do not have, such as ability to connect with other users, save favourite products and shops, ask questions, creating your user profiles and more. Your rights come with corresponding obligations and for a healthy and functional community, it is important that all users respect these community guidelines when participating in Loadette Community. By creating a user account on the Platform you agree that you will:
- Never disclose the personal information of any other user on the Platform;
- Respect other users who are in this community with you. You understand that they may hold different views from you and you can always make your contribution without being hurtful or offensive towards others. In short, be kind to others;
- Help us monitor unhealthy user behaviour by flagging any content that you know to be in violation of these terms or that can be viewed as harassment, abuse, inappropriate, offensive to any individual or group, promoting hate speech or crime;
- Never post, share or promote any content that is demeaning to a group whether based on race, disability, age, sexual orientation, gender identity or violent, pornographic, sexually explicit, defamatory, suggestive or in any way illegal or unethical.
- Never engage in predatory behaviour including stalking, harassment, bullying or any similar dangerous behaviour towards any other Platform User.
If we discover that you have violated any of the above, we reserve the right to block your account and take any appropriate legal action to ensure the safety of our Community.
13. Deleting Loadette Account
You may delete your Loadette account at any time by accessing the account settings on the top right hand corner of the screen. Please take note that all your data stored (including but not limited to personal information, friends, favorites) on your Loadette account will be permanently removed upon deletion of your account. It is solely your responsibility to ensure that you save any and all data that you wish to access at a later stage. You will not be able to reactivate your account at a later stage after you have deleted it.
The Company reserves the right to terminate this Agreement and your access to the Platform at any time without giving any notice to you, if we find that:
- You have violated the terms of this Agreement;
- Your conduct is harmful to the Company or any of its Users; or
- We cease our business operations for any reason.
If you have been banned from using the Platform or your account has been restricted or terminated by the Company, you understand that you are strictly forbidden from:
- Creating a new account with different sign-up information;
- Try to acquire access to another User’s account;
- Try to gain access to the Platform through any other unauthorized mechanism.
14. Intellectual Property
When purchasing a product through the Platform the Buyer (subject to full payment) only receives the license that is stated by the Seller with the product description and the Buyer cannot use the product for any other purposes. If the Buyer wishes to acquire a different license, the Buyer should contact the Seller prior to purchasing the product to avoid any conflict.
Seller’s Intellectual Property
Seller retains all legal rights and ownership/licenses that a Seller has not sold or licensed to any other User or a third party.
By selling your products through the Platform, you represent and warrants to the Company that you have all the requisite Intellectual Property Rights in any and all products listed, uploaded, shared or sold by you through your Loadette shop and your actions are not infringing upon the intellectual property rights of any other User.
User Generated Content
User Generated Content (“Content”) refers to any and all content uploaded, posted, showcased or listed on the public areas of the Platform by Users.
We neither claim ownership of User Generated Content nor review/monitor such Content. By posting, submitting or contributing Content to the Platform, you expressly grant us irrevocable, royalty-free, worldwide, nonexclusive license to use, distribute, reproduce, modify, adapt, publish, display or share the Content that you uploaded, posted or publicly shared on the Platform for the promotion of the Platform or any other purposes that we in our sole discretion deem fit. You hereby waive any claims to future compensation arising from the Company’s use of your User Generated Content as outlined in this Agreement.
All Platform Users understand that all User Generated Content is the sole responsibility of the User from whom such Content originated. The Company will not be liable for any copyrights, trademarks or other intellectual property rights violations by any User or for any errors, omissions or inaccuracies in any User Generated Content. The Company cannot guarantee the identity of any other User on the Platform or the protection of any copyrighted work that becomes publicly available as a result of posting / listing / sharing any User Generated Content on the Platform or other third-party websites.
Your use of any User Generated Content is solely at your own risk. Please note that the Company does not endorse or recommend any User Generated Content and you hereby expressly release the Company from any liability arising out of or associated with your use of any User Generated Content.
Company’s intellectual property
Except for the User Generated Content, all content available on the Platform including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.
You agree that you will not remove any copyright, trademarks or any other proprietary notices from any Company Content or User Generated Content (where applicable) that you do not have rights and licences to use. You understand that any unauthorized use of copyrighted work is strictly prohibited.
We hereby grant you a limited, non-exclusive, non-transferable license to use the Platform in accordance with this Agreement.
15. Copyright Protection
Copyright infringement is a serious offence and we do not condone any violations of copyright laws. Users are under legal obligation not to upload, download, post, reproduce, republish, distribute any content or product that is protected by copyright laws without the the requisite authorization from the license holder. If we receive any complaints about a User having violated a copyright of another, we reserve the right to immediately remove such copyrighted content from our Platform and take any other steps that we in our sole discretion deem fit. Please note that in the case of repeat offenders we reserve the right to terminate such User’s account and ban them from using our Platform.
If you believe that your copyrighted material or content is posted, uploaded or made accessible through our Platform without your authorization, please contact us via email stated below of and provide us with the following information:
- Identification of the material or content that is claimed to be infringing your copyrighted works or shared without your authorization;
- Your contact information including your name, phone number and email address;
- A statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us with regard to the copyrighted work.
16. Disputes Resolution
In the event of any dispute, the User and the Company agree to take all reasonable steps for amicable resolution of such dispute. User agrees to provide a written summary of the dispute to the Company as soon as the dispute arise along with their proposed resolution. The Company agrees to respond to the User dispute within twenty five (25) days from the date of receipt of dispute summary and either agree to the proposed resolution or propose an alternative resolution in writing to the User. If the User is satisfied with Company’s proposed resolution, the agreement must be communicated to the Company within seven (7) days from the date of receipt of Company’s response. The Company’s written response shall be deemed in the nature of settlement discussion and shall not be admissible in any further proceeding. If the Company and the User are unable to resolve the dispute, they may seek alternative legal remedies in the Court of law with appropriate jurisdiction to rule upon the matter in accordance with this Agreement.
17. No Liability for User Conduct
If You enter into correspondence or engage in any transaction, interaction or agreement with any other User, whether online or offline, such activity would be solely between You and such other User. The Company will not be liable or have any responsibility for any such activity.
18. Promotional Codes
The Company may, in its sole discretion create and offer promotional codes (promo code) that are redeemable for credit in your account and can only be used towards purchasing products offered through the Platform. You understand and accept that the Company uses promo codes to increase its marketing reach and therefore promo codes can only be used once per person. Please note that additional terms and conditions may apply to use of promo codes and by using a promo code, you agree to be bound by those additional terms and conditions. Promo codes may expire upon the date specified in the promotion and may not be redeemed for cash or transferred to another account. The Company reserves the right to withhold or deduct any credits or benefits in your account which are obtained from the use of promo codes if we are of the view that there to have been an abuse, fraud or any other illegal activity on your part.
If you would like to share your feedback, comments and suggestions with us, please submit your feedback to email address given below. By sending in your suggestions, ideas and feedback you represent and warrant to the Company that you have full rights to submit such information and that you are not violating any intellectual property rights of another individual or entity. When you send us your ideas, suggestion, comments or feedback, you are agreeing to grant all legal rights to the Company, to use, disclose and/or otherwise exploit your submission, in whole or in part, without any restriction or compensation to you. You understand that you will be waiving all claims now and in future to any monetary compensation against the Company.
20. Disclaimer of Warranties
ALL PLATFORM SERVICES PROVIDED BY THE COMPANY ARE PROVIDED TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ITS DIRECTORS, FOUNDERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES OR OFFICERS, REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE OR THAT THE DEFECTS WILL BE CORRECTED AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANLIKE EFFORT, ACCURACY, TITLE, NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. YOU ACCEPT THAT YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE, CLAIM OR LIABILITY ARISING OUT OF OR ASSOCIATED WITH ANY CONTENT OR PRODUCTS, UPLOADED, TRANSMITTED, SOLD OR PURCHASED BY ANY USER THROUGH THE PLATFORM.
21. Limitation of Liability
Nothing in this Agreement shall act to exclude or limit the liability of the Company for death or personal injury resulting from negligence, fraud or any other liability that cannot be excluded or limited by applicable law.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU SHOULD EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO THE COMPANY IN THE MONTH WHEN THE ISSUE FIRST AROSE OR GBP 50.
THE COMPANY MAKES NO REPRESENTATION REGARDING THE SUITABILITY OR AVAILABILITY OF THE SERVICES IN LOCATIONS OTHER THAN THE COUNTRIES LISTED ON THE WEBSITE.
You agree to release, defend, indemnify, and hold harmless the Company and its founders, affiliates, subsidiaries, and their officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) You accessing the Platform,
(ii) the violation of these Terms by you, or
(iii) the infringement by you, or any third party using your account/Username or password, of any intellectual property or other right of any person or entity.
23. Governing Law
This Agreement shall be governed by the laws of England and Wales. The Company and the User hereby submit to the exclusive jurisdiction of the courts of law in United Kingdom.
Severability – If any provision of this Agreement or part thereof is found to be unlawful, void, or unenforceable, then such provision shall be severable from the remainder of the Agreement and will not affect the validity and enforceability of any remaining provisions.
Waiver – Failure on the part of the Company to exercise any right or remedy under this Agreement will not constitute a waiver of Company’s right or remedy.
No Class Actions – Neither the Company nor the User shall bring any action against the other as a class member in any class action. Any claim brought by the Company or the User must be brought in their own individual capacity.
Force Majeure – Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Entire Agreement – This Agreement constitutes the entire understanding between you and the Company.