Terms of service
In these Terms of Service (“Terms”) you will find conditions under which you – the User – may use the Website, as well as rights, duties and responsibilities of the Administrator and the User. Your use of the Website entails, means, and constitutes acceptance of all the provisions of these Terms.
Whenever you encounter in these Terms the following terms spelled with a capital letter, they should be understood in the following manner:
- Administrator, or We – Pixers LTD based in the UK, 590 Kingston Road, London SW20 8DN, registered in the commercial register at Companies House under number 07964145, or its legal successor – responsible for managing the Website.
- Graphics – an image file, image or photograph presented and licensed within the Website for the purpose of the Service.
- Account – space within the Website maintained on behalf of the Service Provider where data and information concerning activities within the Website are stored, and from which certain functionalities of the Website are available.
- Customer – a User purchasing the Service through the Website.
- Service Provider Profile – a functionality of the Website available to a Service Provider, that displays data provided by it, including its commercial offer, trademarks and description of its business, goods or services, with which data other Users may get acquainted.
- Website – Internet portal operated at www.pixers.com.au, managed by the Administrator, meant to facilitate provision of the Services by Service Providers to Customers based on Graphics.
- Agreement – an agreement between a Service Provider and a Customer for the performance of the Service, entered into through the Website.
- Service – a graphic design service rendered by a Service Provider to a Customer within the Website, involving the optimization of the Graphics chosen by a Customer in the process of ordering, according to the parameters specified by a Customer.
- Service Provider (Seller) – a User offering its Services through the Website, approved by the Administrator.
- User, or you – an adult natural person with full legal capacity to enter into legal transactions, or an artificial person, or an organizational unit without legal personality, as well as a minor and/or a natural person not having full legal capacity to enter into legal transactions subject to the consent of their legal representative, who has access to services offered within the Website and may use the Website as a Customer, and/or Service Provider.
- You acknowledge and agree that minimum technical requirements for the Website to run properly are:
- working and efficient telecommunications terminal equipment (computer, tablet, smartphone, etc.; “TTE”) with access to the Internet, enabling display of the graphical user interface of the Website; and
- installed and updated web browser: Microsoft Internet Explorer 8.0 or higher, Mozilla Firefox 20.0 or higher, Safari 4.0 or a later version, and Google Chrome 23.0 or later; and
- active email account; and
- support of Javascipt and cookie files enabled.
- The Administrator uses the following types of cookies:
- session – stored on the TTE only until a User remains on the Website, or disables the browser, or logs out of the Website; and
- permanent – stored on the TTE for a specified period of time or until removal by the User.
- We use the cookie mechanism: (i) to facilitate navigation on the Website, including by maintaining a User's session so there is no need to log in again and again on every webpage; (Ii) to review and develop our offer, including by adjusting the content of the Website according to your preferences; and (iii) for statistical purposes.
- You agree to our use of also external cookies (third-party cookies) to (i) display on the Website the multimedia content downloaded from an external website; (ii) collect general and anonymous statistics from analytical tools; and (iii) use interactive features in order to promote the Website by using social networking sites.
- Unless these Terms provide otherwise, the Administrator authorizes you to use the Website only within its purpose and functionalities, to the extent provided for each category of User (Customer, or Service Provider), subject to, inter alia, (i) compliance with applicable laws, governing conduct of business as a Service Provider, copyrights, as well as any other laws relevant for the correct, complete and uninterrupted functioning of the Website, (ii) refrainment from interfering with the Website, whether through the introduction of viruses and other malicious software, whether through unauthorized decompiling, transfer or use of source code or other trade secrets of the Administrator, and (iii) refrainment from supplying to the Website illegal content and from use of elements of the Website, including business identification, goods, services, and other protected objects of intellectual property, in an unlawful manner.
- Content, data or other information provided by Users to the Website, including those placed in the Account, are their property, and in any case the User is solely responsible for it, especially for compliance of such information and of its use within the Website with law and these Terms. By placing the information on the Website, you grant the Administrator any such rights and permits as may be necessary to ensure full functionality of the Website.
- By placing on the Website works within the meaning of copyright law, including the legally protected Graphics, a User grants us – for the purpose of ensuring full functionality, promotion and development of the Website – a non-exclusive, royalty-free, and unlimited in terms of time and territory, license to use any such work of authorship in all (i) known at the time of their placement on the Website and (ii) necessary to achieve the purpose as referred to above, fields of exploitation, in particular the right to:
- record and reproduce copies of the work by any means, including by print, reprography, magnetic storage and digital techniques,
- use the works, in whole or in part, and combine them with other materials, and modify these materials in whatever fashion the Administrator deems appropriate, in particular by compiling or merging works of different Users,
- include the works in the Website databases, and use the works for the purposes of promotion and advertising of the Website, in particular after their modification in such a way as the Administrator deems appropriate;
- stage, display, reproduce, broadcast and rebroadcast, distribute and make the work publicly available in such a way that everyone can have access to it at a place and time individually chosen by them; in particular, the Administrator has the right, among others, to place the work across the Website and present it to other Users.
- This license remains in full force and effect also after (i) you have discontinued your use of services available within the Website, (ii) your Account has been suspended or removed, or (iii) you have been removed by the Administrator from the Website.
- For the avoidance of doubt, the User (i) grants us the right to authorize third parties to use the works for the purpose as defined in Section 3 of this Clause, and also (ii) authorizes us to exercise and permit the exercise of derivative rights – in such fields of exploitation as those defined in Section 3 of this Clause.
- The Administrator reserves the right to block, delete or otherwise cut off access to content, data and information stored on the Website at the request of the User upon receipt of official notification or other reliable message on the unlawful nature of such information or related activities, or in other such cases as provided for in these Terms or applicable law.
TERMS OF SERVICE
- The Administrator neither provides the Service nor verifies its compliance with law, morality or any standards, nor does it provide any assurances or guarantees in connection with the Service, either as to its form, content, or other aspects. The Administrator provides Users with space and tools, where and by which they can, respectively, offer, order or provide the Service, entering into direct legal and economic relations at their own expense and responsibility.
- The Administrator is committed to making sure the Website meets your needs, but does not guarantee that it is free from defects or faults. Unless precluded by mandatory law, the Administrator disclaims all warranty and any other liability that may have arisen or may arise from imperfections of the Website.
- Users accept that the Website may contain links to external sites, websites and web applications, not owned or otherwise dependent or controlled by the Administrator. Users acknowledge that the Website may be accessed via tools or services of third parties. In any case, linking or use of the third-party resources and facilities is at the User’s expense and risk. The Administrator encourages you to read the terms and conditions of services of such third parties to determine their rights and obligations.
- By accepting the order of the Customer, the Service Provider represents and warrants that it has all the professional skills and technical abilities necessary to perform the Service in accordance with the order. The Service Provider will make every effort to bring to the Agreement to completion.
- The Service Provider agrees not to provide the Customer with advertising information, telephone number, e-mail address, website, Skype number, etc., or otherwise facilitate any communication between the Customer and the Service Provider that could eliminate mediation of the Website, and not to encourage transactions outside the Website.
- The Service Provider gives the Administrator the right to use the business name of the Service Provider, its trade or service marks, and other legally protected designations of the Service Provider, within the Website, for its promotion, operation and development.
ACCOUNT AND PROFILE
- In order to provide or enable the provision of the Service via the Website, the Service Provider must create an Account. The creation and maintenance of Accounts require (i) full legal capacity or – as regards natural persons – full legal capacity to enter into legal transactions, (ii) provision of their own, true and complete data and updating them in case of changes, (iii) assumption by the Service Provider of full responsibility for its Accounts, including for access to and information gathered in it, and (iv) compliance with these Terms and relevant provisions of the law.
- The Service Provider Profile may not contain information that encourages transacting outside the Website. The Administrator reserves the right to remove the Service Provider Profile if it is contrary to these Terms, the law, or has a negative impact on the Website’s goodwill.
- We reserve the right to suspend and/or delete the Account in the event of a breach by the Service Provider of provisions of these Terms or applicable law, including those relating to intellectual property, electronic services and consumer rights. Furthermore, we reserve the right to suspend and/or delete the Account of, and to prevent access to the Website to, any User whose actions are deemed harmful to the Website and/or other Users.
- We reserve the right to temporarily suspend the Account or access to certain services available within the Website if it is determined that the security of the Account or the Website is at risk.
- All Graphics, along with prices and additional information presented on the Website constitute an invitation for the Customer to conclude an Agreement with the Service Provider. The Customer’s order can be made through our web-based service configuration and order management system, available online on the Website.
- The Customer places an order for the provision of the Service on the Website. In exceptional cases, such as, among others, malfunction of the Website and ensuing inability to place an order through it, the order may be made via an e-mail sent to our address.
- To place an order, the Customer must:
- select from the Administrator’s directory the Graphics and the Service Provider to perform the Service on the selected Graphic; and then
- configure the selected Graphic using the mechanisms available on the Website by specifying printing parameters (for example, frame, size, effects, and graphic material) to which the selected Graphic should be optimized; and finally
- give her/his contact details to complete the Agreement.
- Based on the parameters as specified by the Customer the Service Provider will present to the Customer specific terms of the Agreement, including at least the price of the Service, the duration of the Service, and a policy of returns and complaints. The Service prices are gross prices.
- If the Graphic as selected by the Customer: comes from an external digital library collection, the Customer obtains through the Website necessary rights and permissions to the selected Graphic from a competent digital library (detailed licensing agreement defining the acceptable way of using the Graphics by the Customer is available on a card of a given Graphic) and transmits it to the Service Provider for the purpose of performing the Service; In any case, the Service Provider, by commencing the performance of the Service within the Website, consents to be bound by the license terms, and declares that it will use the Graphics exclusively on behalf of the Customer and only for the purpose of the Service. In turn, the Customer acknowledges that the Graphic may be used only for her/his personal purposes, and that he/she may not sublicense, reproduce, or use the Graphic for commercial purposes and re-marketing.
- The placement of an order by the Customer is legally binding.
COMPENSATION, FEES AND COMMISSIONS
- Services provided by the Administrator to Service Providers are payable.
- Payments for the ordered Services are made through electronic payment systems or directly to the bank account of the Service Provider.
- Detailed rules concerning fees and commissions applicable to the Website are provided in Appendix 2 to these Terms.
PRIVACY AND CONFIDENTIALITY
- We may collect data on the popularity and use of individual components of the Website. Such data will be processed only anonymously and collectively.
- Unless otherwise dictated by mandatory provisions of law, it is not allowed – without our consent – to disclose any information available only to Users and related to the functioning of the Website, including without limitation, the data of other Users, organizational, technological, technical and know-how of the Website or the Administrator, as well as data concerning the revenue made on transactions effected through the Website.
ADMINISTRATOR, AND USER LIABILITY
- The Administrator will not be legally responsible for any acts or omissions of the Users. In particular, we may not be held liable for a User’s infringement of copyright and other rights of any other User or a third party.
- We will not be liable for the quality, safety or legality of the Service, or the ability of Service Providers to properly deliver under the Agreement, or for non-performance or improper performance by Users of their obligations in connection with the Website. If practicable, the Administrator tries to verify data concerning the Services and to take necessary action to eliminate any illegal or contrary-to-these-Terms behavior.
- The Administrator supervises – in terms of formal correctness – the completion of transactions made under Agreements. The completion of an Agreement may be denied only in exceptional and duly justified cases – for example, where the Service Provider has failed to cooperate with the Administrator with respect to the use of the Website.
- We will not be liable for disruptions in the functioning of the Website caused by a force majeure event, failure of equipment or unlawful interference by Users, or for damage that might have occurred in the assets of the User as a result of a malfunction of the Website.
- To the fullest extent permitted by law, the Administrator disclaims its own, as well as that of its employees, associates and subcontractors, liability in connection with the Website, whether contractual, tortious or otherwise, both in terms of actual damages (losses) as well as lost or expected benefits.
- You agree to defend, indemnify, and hold harmless the Administrator against and from any and all liability, and pay all costs, expenses and claims incurred or awarded by or against the Administrator in connection with proceedings against the Administrator for reasons that relate to you. Furthermore, you agree to give the Administrator any assistance in the effective enforcement of rights or like use of defense against the claims of other Users or third parties in cases relating howsoever to you.
OUR INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that all rights to the Website belong to the Administrator. It is forbidden to make use of these rights, including intellectual property rights, otherwise than (i) within the Website and (ii) in accordance with these Terms and applicable laws.
- The Website, its individual elements (including graphical user interfaces), texts (including these Terms), navigation solutions, selection and arrangement of contents presented on the Website, graphic art, compilations and derivative works are subject to legal protection as afforded, in particular, to databases, computer programs, graphics, or other works of authorship. Protection also extends to all the materials the Administrator provides to Users electronically, in particular via e-mail. Modification, coping, distribution, transmission, display, reprinting, sublicensing, creating a collective work of the materials without the consent of the Administrator is prohibited and will result in legal action by the Administrator.
- Collection, usage and processing of the content of the Website, including by using web crawlers or other automated data downloading systems from the Website without our consent constitutes a breach of these Terms.
- Your use of signs, including trademarks, of the Administrator, in particular the description "Pixers" in any documents, or for any purpose, except in cases referred to in these Terms may occur only upon prior written consent of the Administrator.
- The User is fully responsible for all the damage caused by and resulting from the use of the Administrator’s property without its consent, or in breach of these Terms or applicable law.
- Provision of our services within the Website is of unlimited duration.
- We may terminate the agreement with you for maintenance of an Account or provision of other services with immediate effect. Without prejudice to the generality of the preceding sentence, if possible, the Service Provider will – despite termination – perform the Service in accordance with the accepted order of the Customer.
- You may discontinue your use of the Website at any time, for any reason, subject to honoring the commitments made before the submission of a relevant written notice to the Administrator at the following address: Pixers LTD, 590 Kingston Road, London, SW20 8DN, United Kingdom.
CONTACT AND COMPLAINTS
- You may contact the Administrator as regards services provided by the Administrator within the Website in the following manner:
- in writing, sent to the following address: Pixers LTD, 590 Kingston Road, London, SW20 8DN, United Kingdom, or
- using the hyperlink “contact”, available on the Website.
- Your complaints regarding our services provided within the Website may be filed electronically by using the hyperlink “contact”, available on the Website, or by written notice to the following address: Pixers LTD, 590 Kingston Road, London, SW20 8DN, United Kingdom. The complaint should contain at least the identification of the User, including her/his email address, the status of a User within the Website (Customer, or Service Provider), and the description of her/his objections.
- If data or information included in the complaint need to be supplemented, before assessing the complaint on its merits, we will ask you to supplement it accordingly.
- The Administrator will consider the complaint within 14 days of its receipt in the correct form.
- The answer to the complaint will be sent to the e-mail address as specified in the relevant notification.
- Any disputes related to services provided by the Administrator to Users pursuant to these Terms will be resolved by a court having jurisdiction over the registered office of the Administrator.
- Without prejudice to the generality of Section 1 of this Clause, any User afforded the consumer protection by EU law may use extrajudicial means of dealing with complaints and redress. To take advantage of the possibility of an amicable settlement of disputes relating to online shopping, you can submit your complaint, for instance, via the EU's Internet platform ODR, available at: https://webgate.ec.europa.eu/odr/.
- If any provision of these Terms is held to be invalid or unenforceable pursuant to a final judgment, the remaining portion of these Terms will remain valid and enforceable.
- The Administrator reserves the right to amend provisions of these Terms and to launch a new version of the Website at any time and without having to justify the reason. We will immediately notify of amendments to these Terms or of a new version of the Website. You may opt out of the Website in its new version or under new Terms immediately upon receipt of the relevant notification – through continued use of the Website you agree to the changes.
- The opt-out will be made in writing to the following address of the Administrator : Pixers LTD, 590 Kingston Road, London, SW20 8DN, United Kingdom, and will result, at the discretion of the Administrator, in blocking access to the Website or limiting its functionalities, or suspension or deletion of the Account.
- These Terms come into force as of the date of their announcement on the Website. Agreements concluded between the Users and the Administrator prior to the entry into force of these Terms will be subject to its provisions upon acceptance of these Terms.
- Any rights under these Terms accrue and inure to the benefit of the legal successors and assigns of the Administrator.
The following Appendixes are an integral part of these Terms:
Appendix available here.
APPENDIX 2. SETTLEMENT OF RECEIVABLES BETWEEN THE SERVICE PROVIDER AND THE ADMINISTRATOR
- Use of the Website in your capacity as the Customer is free of charge.
- The Administrator will charge Service Providers for services rendered within the Website in the form of a commission on their current revenues from orders placed by Customers. The amount of commission is determined individually between the Administrator and the Service Provider.
- The settlement between the Administrator and the Service Provider is made at the request of the Service Provider (placed at least once a month) to the bank account of the Service Provider as indicated by the Service Provider in its Account.
- Absent indication by the Service Provider of the bank account number in its Account, the Administrator will transfer dues only after the bank account number is efficiently indicated and the Administrator informed via email by the Service Provider.
- Only such Agreements as properly completed on or before making settlement by the Administrator are subject to settlement.