1. Registration/Use
1.1 You may browse the Website and view content without registering. However, if you are a Designer and want to submit work or contribute to a project or you are a Client, then you will be required to register with Us and provide certain information such as your email address and enter a password. You will need this to login to the Website on future occasions.

1.2 You must be 18 years or older to submit a design or to make an offer to acquire a Design as the Client. In using or registering with the Website, you represent that you, whether an individual or corporate user, have the legal capacity to form a binding contract.

1.3 You agree to provide true, accurate, current and complete information about yourself or your company or institution. Failure to do so shall constitute a breach of the Terms and Conditions, which may result in immediate termination of your account with us (“Account”).

1.4 All conduct and contracts concluded on the Website (for example, agreements to choose a design, the transfer of intellectual property rights in the design) shall be in the English language.

1.5 We reserve the right to refuse your registration with the Website for any reason whatsoever.

1.6 Please note that your submission of designs may not go live immediately.

2. Password Protection
2.1 You must protect your Account password and you are responsible for all activities that occur under your Account.

2.2 By accepting these Terms and Conditions and unless otherwise specified in these Terms and Conditions, you agree that We take no responsibility for fraudulent use of your Account. If you think that your Account has been compromised and/or is being used by another person, we recommend that you change Account immediately and contact us.

3. Payment

3.1 All fees and amounts stated on the Website are quoted in GBP£ (United Kingdom Pounds Sterling), unless otherwise stated.

3.2 Debit or credit card transactions may not always be satisfied. There will be a deduction of in respect of each payment made by using Stripe Payments Europe Limited (our payment administration partner) a fee of 1.4% and 20p per payment for UK issued cards (Visa, Mastercard and Amercian Express) and 2.9% and 20p per payment for non-UK issued cards. Please note that these are collected by Stripe Payments Europe Limited directly. The terms and conditions of Stripe Payments Europe Limited with respect to payments apply. Any personal information you provide to this payment provider will be processed in accordance with its privacy policies and not Ours.

3.3 The Website is an administrative platform only. We facilitate the platform for Designers to promote their designs with for Clients to view the Designs with an option without obligation to purchase the designs and/or engage the services of the Designer, but We are not a party to any agreement between a Designer and Client. The Company is not a broker, agent, financial institution, creditor or insurer for any user. We have no control over the conduct of, or any information provided by, a Designer or Client, and We hereby disclaim all liability in this regard to the fullest extent permitted by applicable law.

3.4 The Company does not guarantee that any designs will be acquired or used nor do we guarantee that that a Designer will agree to transfer the designs to a Client. We do not personally endorse any Designers or designs or Clients or projects, and we make no guarantee (explicit or implied), that any information provided through the Website by a user is accurate. We expressly disclaim any liability or responsibility for the success of any project, or the outcome of any project.

3.5 We do not and cannot verify the information that the Designer or Client supply. We assume no responsibility to verify whether the projects and/or designs are used in accordance with any applicable laws; such responsibility rests solely with the Designer and/or Client, as applicable. While we have no obligation to verify that the use of any design is in accordance with applicable law and these Terms and Conditions, we take possible fraudulent activity and the misuse of designs very seriously. If you have reason to believe that a design is not being used for their stated purpose, please contact Us.

3.6 It is your responsibility to determine what, if any, taxes apply to payments you receive through your use of the Website. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.

3.7 There is no limit on the payment amounts. If you are a business that is registered for VAT, please take this into account when calculating the amounts for your purchase/project.

4. Credit/Debit Card Payments
4.1 In making your payments by credit or debit card, you agree that all the credit/debit card information you provide is true, correct and complete, that you are authorised to use the credit/debit card to make a payment and that your payment will be honoured by your credit/debit card issuer.

4.2 If you discover that an unauthorised transaction has been made on the Website site using your credit/debit card, then We will refund to you any monies received provided that: (a) you inform your credit/debit card company and Us of the unauthorised payment as soon as you discover it; (b) your credit or debit card issuer agree in writing that a fraud has occurred and (c) you co-operate with your credit/debit issuer and Us and, if necessary, the police in relation to the unauthorised use.

4.3 Designers may initiate refunds of payment at their own discretion. We are not responsible for issuing refunds for payments that have been paid to a Designer.

5. Projects between Client and Designer
5.1 We shall not be liable for any interactions you may have with other Users. In particular, if you enter into an agreement to purchase and/or transfer of the intellectual property in a design and/or enter into a contract as a Client and/or Designer We will not be responsible for any interactions you may have with the Designer and/or Client. All matters agreed are your own responsibility. If you are a Designer you recognise and agree that you are wholly responsible for delivering all designs and fulfilling any promises and representations that you make to the Client.

5.2 We have no control over the actions of the Client or over the use of the designs by the Client

5.3 If you are dissatisfied with any designs or projects, then you should take this matter up with the Designer/Client (as applicable). We will not engage in any such disputes and you agree that We have no liability in relation to such disputes.

6. Privacy and Acceptable Use Policy
Our Privacy Policy and Acceptable Use Policy are hereby incorporated by reference and form part of these Terms and Conditions.

7. User Conduct and Content
7.1 You agree to act in a responsible and legal manner when using the Website. You shall comply with all applicable laws, regulations and rules and undertake not to use the Website or allow the Website to be used for any unlawful purpose, for the commission of any offence or crime under the laws of any jurisdiction to which access is obtained through the website or in a manner which is likely to cause harm, offence or nuisance to any other internet user.

7.2. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or any other party’s computer systems or hack or gain unauthorised access to the Website and its data.

7.3 If you are a Designer you may not post any content on the Website which you are not authorised to use for example, any work which is not your own original work or which you do not have the right to post on the Website. If someone makes a claim or allegation that your design or any other content posted by you on the Website is their work or infringes their intellectual property rights, you shall contact Us immediately for information purposes only but acknowledge that We shall not be responsible in defending any actions or claims brought and You shall indemnify Us against all losses, damages and costs incurred by the Company as a result of any claim or action brought as a consequence of the use of the design and/or project.

7.4 You must not use the Website to transmit to or from the Website any potentially unlawful, threatening, libellous, defamatory, tortious, obscene, offensive, hateful, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under law, including, without limitation, any material that you are not entitled to post or transmit, or where such posting or transmission is otherwise in breach of any third party intellectual property rights.

7.5 You must not use any automated system or software to extract data from this Website for display on any other website or to use it otherwise and, equally, you may not copy or provide details of products and systems or use it otherwise unless you obtained that information independent of our Website.

7.6 You may not use information obtained in connection with its registration with or use of the Website, or in any way use the Website, to carry out unsolicited mail-bombing or spamming or cause annoyance, inconvenience or anxiety to other internet users; use the Website or information obtained in connection with its registration to distribute or deliver any software virus or worms; or display on the Website or use in connection with the Website any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render Us liable to the payment of damages to any third party.

7.7 We reserve the right to remove or suspend any material posted which is, in its sole opinion, in breach of this clause, or which it suspects to be in breach of this clause at its absolute discretion. In addition to any other remedies available to Us pursuant to these Terms and Conditions, you agree to compensate Us for any losses, liabilities, costs and expenses of whatever nature, which We may suffer arising as a result of your breach of this term.

8. Links
8.1 The Website may contain links to third party websites, but this does not mean that the Company endorses or authorises those websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. We may terminate a link to a third party website at any time.

8.2 You may create links to the Website, but you should ensure that creating such links does not breach the terms of use of any third party websites.

9. Intellectual Property
9.1 CallforDesign is the registered trade mark and the property of the Company and you may not use the name and/or logo without express written permission from the Company.

9.2 Other than content posted on the Website by the Designer, We, our licensors or other relevant third parties own all other information, communications, software, scripting, photographs, text, video, graphics, music, sounds, images, trademarks, trade names, logos and other materials and services found on the Website, including its look and feel (“Website IP”).
You should note that the Website IP is protected by copyright, trademark, database right, similar rights and other intellectual property rights under national laws and international treaties.
You may not make alterations, copies, extractions, modifications, or additions to the Website IP, or sell, copy, disseminate or licence it, or misuse the Website IP in any way. You may not re-publish, extract, reproduce, disseminate or otherwise use the Website IP without our permission. However, you may for personal use only, print copies of the information contained on the Website and temporarily store the files on your computer to allow you use the Website.
You may have other rights under mandatory law which are unaffected by this provision.

9.3 You may not use any intellectual property rights comprised or contained in any design without the express written consent of the Designer

9.4 If you are a Designer you warrant, represent and undertake that you own all intellectual property rights in your design(s) as sole legal and beneficial owner free from encumbrances, but to the extent you do not own such intellectual property rights, you have a valid and existing licence to include them in your design and/or project. You hereby grant to Us a world-wide, perpetual, royalty free, non-exclusive licence of such intellectual property rights to the extent necessary to include your designs on the Website and to facilitate Our services.

9.5 The Website IP is provided by Us on an as is basis, and We expressly disclaim, to the extent permitted by applicable law, any or all warranties, expressed or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to any Website IP. To the extent permitted by applicable law, the Company excludes any or all responsibility and/or liability for any damages or loss of any kind whatsoever with respect to the Website IP whether any of the foregoing are, without limitation, direct, indirect, incidental, special, punitive, consequential or of any other kind whatsoever.

9.6 With regard to content submitted by Users to the Website (“User Content”), the Company does not claim ownership of such User Content. However, with respect to User Content you submit or make available for inclusion on accessible areas of the Website, you grant to Us a world-wide, perpetual royalty free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Website solely for the purposes of including user content on the Website and facilitating Our services In the event a claim is made against Us if you infringe a third party’s intellectual property rights, you agree to indemnify and hold us harmless in relation to any loss or damage We may suffer in respect of such claims.

10. Modifications to terms and conditions
10.1 The Company reserves the right, at its sole discretion, to modify or replace any of these Terms and Conditions, or change, suspend, or discontinue the Website or the fundraising service provided via the Website (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an email. We may also impose limits on certain features and services or restrict your access to parts or all of the Service but will notify you in advance of any such changes.

10.2 Every time you use the Website you are deemed to have accepted the latest terms and conditions as published at the time or otherwise notified to you. If you do not accept these terms and conditions, you should not use the Website.

11. Failure to comply
If you fail to comply in any way with these Terms and Conditions, We may suspend or terminate your Account or restrict you from using the Website.

12. Termination
12.1 We may terminate your Account or your use of the Website on written notice (which shall include e-mail) if you are in breach of any of the Terms and Conditions and fail to correct such breach within seven (7) days following adequate notice from Us specifying the breach or in the case of a breach of term 9, We may terminate forthwith without notice.

12.2 We may terminate your Account upon written notice (which shall include e-mail) if you are a company and you go into insolvent liquidation, receivership or you are deemed to be unable to pay your debts as they fall due within the meaning of section 214 of the Companies Act, 1963 (as amended, extended, consolidated, or replaced), of if you are an individual and you are declared bankrupt or if you cease or threaten to cease trading.

12.3 We may terminate your Account at any moment for any reason following 30 days written notice (which shall include e-mail).

12.4 Termination of these Terms and Conditions for any reason shall not affect the accrued rights of the parties or any provision of these Terms and Conditions which relates to or governs the acts of the parties hereto subsequent to such expiry or termination shall remain in full force and effect and shall be enforceable notwithstanding such expiry or termination.

13. Limitation of Liability
13.1 The Company makes no warranty as to the accuracy, reliability or currency of any information on this Website.

13.2 We shall not be liable for any interruption or suspension of the website or related services due to circumstances beyond its control including, without limitation any breakdown in internet connectivity or security.

13.3 We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the access to or use of this website, including, without limitation, damage arising as a result of any bugs, trojan horses, viruses, worms or other harmful codes or errors experienced as a result of accessing the website.

13.4 To the fullest extent permitted by applicable law, the Company exclude all liability to you for the following loss, howsoever arising, under or in connection with these terms of use or your use of the website and the content, even if the Company has been advised of the possibility of such loss or damages, or if such loss or damages were reasonably foreseeable:
(i) loss of actual or anticipated profits or loss of sales;
(ii) loss of business, business opportunity, investment or customers;
(iii) loss of actual or anticipated revenue or savings;
(iv) loss of, damage to, or reduction in value of, goodwill or reputation;
(v) loss of, or loss of use of, or damage to, any software or data or equipment (including, without limitation, computer equipment);
(vi) loss and/or liabilities arising under or in relation to any other contract; and/or
(vii) indirect, economic, consequential, exemplary, punitive, special, or incidental damages or losses.

13.5 To the maximum extent permitted by applicable law, the Company expressly disclaims all and shall not be deemed to have given any warranties, express or implied (by law or otherwise), and (other than as set out in these terms and conditions) in relation to the website and your use of the Website.

14. Indemnity
You agree to indemnify and keep fully indemnified and hold the Company and its officers, employees, agents and successors harmless from and against any claim or demand whatsoever made by any third party and any losses, costs, damages, expenses and liabilities, including reasonable legal fees, due to or arising out of (i) the designs, (ii) Your use of the Website otherwise than in accordance with these Terms and Conditions and (iii) Your breach of these Terms and Conditions.

15. Governing Law
These Terms and Conditions are governed by the laws of England and Wales whose courts shall have exclusive jurisdiction.