terms of use
Last updated 19 February 2018
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
1. INTRODUCTION
These terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website www.novelcreatives.com (our “site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms of use, you must not use our site.
2. WHO WE ARE
www.novelcreatives.com is operated by K J Towill t/a Vuja De Creative (“We”).
Our trading address is 14 St Mary's Road, London. NW10 4AP
3. OTHER APPLICABLE TERMS
These terms of use refer to the following additional terms, which also apply to your use of our site:
• Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.
4. OUR SITE IS A MARKETPLACE
Our site acts as an online marketplace to allow users, who comply with these terms to offer, sell and purchase creative services within a fixed-price format. We are not directly involved in the transactions between buyers and sellers. As a result, We have no control over the quality, safety, morality or legality of any aspect of the service listed, the truth or accuracy of the listings, the ability of sellers to provide the services or the ability of buyers to pay for services. We do not pre-screen content or information provided by users. We cannot ensure that a buyer or seller will actually complete a transaction.
We cannot guarantee the true identity, age, and nationality of a user and encourage you to communicate directly with potential transaction partners through the tools available on the site prior to engaging in a transaction.
You agree that our site is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on our site. You use our site at your own risk.
5. REGISTRATION ELIGIBILITY
Our site’s services are available to
, and may be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Our site’s services may also be used by individuals aged between 16 and 18 years old, subject to such individuals providing a letter from their parent or guardian giving them permission to use this site.
You represent and warrant that you are
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at least 18 years old, or if applicable
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aged between 16 and 18 years old and have provided a letter from your parent or guardian giving their permission for you to use this site and that all registration information you submit is accurate and truthful.
We may, in our sole discretion, refuse to offer access to or use of the site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the site is revoked in such jurisdictions.
6. CHARGES
We are not a party to any transaction between users. Accordingly, the users shall set their own terms and conditions in relation to their transactions, including without limitation, any cancellation policy.
We charge a commission of 15% of the purchase price. Payments made on our site are made through our payment solutions providers, (i) Stripe Inc. (“Stripe”) at www.stripe.com and PayPal Holdings Inc (“PayPal”) at www.paypal.com. You will provide your credit/debit card information directly to Stripe or PayPal, who will process payment details and authorize payment using a secure server and encryption. Stripe or PayPal will keep the payment in an escrow account until such time that the services have been rendered by the seller.
https://stripe.com/gb/privacyInformation that you provide to Stripe is subject to Stripe’s own privacy policy and terms and conditions (available at ), and is not within our control. Information that you provide to PayPal is subject to PayPal’s own privacy policy and terms and conditions (available at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full), and is not within our control.
7. CHANGES TO THESE TERMS AND TO OUR SITE
We may revise these terms of use at any time by amending this page. Please check this page from time to time to take notice of any changes We have made, as they are binding on you.
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
8. ACCESSING OUR SITE
Our site is a closed marketplace and is made available by verification. Some features of the site are provided free of charge, while commissions and/or subscription fees may apply to others. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
Our site is primarily directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
9. YOUR ACCOUNT AND PASSWORD
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. 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 reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at hello@novelcreatives.com
10. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
11. MINIMUM TRANSACTIONS
If you “meet” a buyer / seller of services through our site, you must continue to use the site to complete a minimum of five transactions, before you are permitted to go “off” site and engage directly with the buyer / seller. If you breach the foregoing obligation, We reserve the right to suspend or terminate your account.
12. FEEDBACK
We operate a rating system for sellers of services on the site and We take feedback integrity seriously. Sellers may offer small incentives for general feedback, however manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. We reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the seller account to which it relates.
13. NO RELIANCE ON INFORMATION
The content on our site is provided for general information only. It is not intended to amount to advice on which you should solely rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.
14. LIMITATION OF OUR LIABILITY
Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content or services displayed on our site.
If you are a business user, please note that in particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
15. UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution will comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. [If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.]
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of the site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you licence).
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our site do not represent our views or values.
You are solely responsible for securing and backing up your content.
16. RIGHTS YOU LICENCE
When you upload or post content to our site, you grant the following licenses:
• A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with the services provided by our site and across different media and to promote the site or services; and
• A worldwide, non-exclusive, royalty-free, transferable licence to allow third parties to use the content for their purposes.
We will only ever use your materials to carry out your instructions to us – unless, very exceptionally, a court or other regulator orders us to disclose them.
17 VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
18. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the homepage. We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to make any use of content on our site other than that set out above, please contact hello@novelcreatives.com
19. THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site 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.
20. DISPUTES
Should you have a dispute with one or more users, or an outside party, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. We, for the benefit of users, may try to help users resolve disputes, at their request. We do so in our sole discretion, and We has no obligation to resolve disputes between users or between users and outside parties. To the extent that We attempt to resolve a dispute. We will do so in good faith based solely on these terms of use and our other policies.
21. SEVERABILITY AND WAIVER
If any provision of these terms of use is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these terms of use shall remain in full force and effect. If we fail to enforce any our rights, that does not constitute a waiver of that right.
22. APPLICABLE LAW
If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
23. CONTACT US
To contact us, please email hello@novelcreatives.com.
Thank you for visiting our site.