Terms and Conditions
1 Application of Terms
1.1 These terms and conditions apply to the use of the services described at plans (“Services”) which are accessible on the website https://www.3dvieweronline.com (“Website”). These terms and conditions apply without restriction to anyone visiting or using the Website or Services (a “User”) and form a binding agreement between 3DVieweronline LTD, a company registered in England and Wales with company number 09971733 and whose registered office address if at Alpha Works Alpha Tower, Suffolk Street, Birmingham, B1 1TT (“Us” or “We” as the context dictates) and the User.
1.2 These terms and conditions are accessible and printable at any time on the Website.
1.3 We may revise and update these terms and conditions from time to time. All changes are effective immediately when posted and apply to all access to and use of the Services and/or Website thereafter. Your continued use of the Services and/or Website following the posting of revised terms and conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2 Access to the Services
2.1 The Services may be used by:
2.1.1 any person, firm, organisation, company, LLP, partnership or other entity acting (whether for profit or otherwise) in the course of a business (“a Business User”); and
2.1.2 any individual acting other than in the course of a business (“a Consumer”),
and different elements of these terms and conditions will apply to Business Users and Consumers as indicated.
2.2 Users are responsible for the setup of information technology and telecommunication systems enabling them to access the Website. They are responsible for all the telecommunication fees incurred while using Internet and the Website at their expense.
2.3 The Website and the Services are provided on an “as is” basis and we give no warranty, undertaking or representation that they will be available at any given time or for any given duration or that they will be bug or error free.
3 Acceptance of Terms and Conditions
The acceptance of these terms and conditions can only be in full. A User who does not agree to be bound by the present terms and conditions should not consult the Website or use the Services.
4 Services subscription
4.1 The User can subscribe to the Services by filling in the registration form.
4.2 The User certifies that the information he or she gives in the registration form provided to us in any other way is accurate and complete. The User undertakes to update this information in case of any change.
4.3 The User undertakes to use the Services in person and not to allow any third party to use them instead of him or her, or in his or her name, unless the User bears full responsibility for it. The User is responsible for keeping his or her user name and password confidential.
5 Subscription to paid for Services
5.1 The User can sign up to a subscription for paid for Services described here plans . This subscription lasts for the period chosen by the User (“Term”), among the different options the Website offers. Once the Term begins and payment is made, the User cannot ask for any refund of all or part of the charges due for the Term, for any reason whatsoever.
6 Services duration
6.1 Free Services
The term for free Services is unlimited. The User can ask us to unsubscribe at any time, by sending an email to email@example.com.
6.2 Paid for Services
6.3 The Term for paid for Services is unlimited and may be ended at any time by a User via an email to firstname.lastname@example.org or by completing the relevant form on the Website. Please note that any fees paid in advance for paid for Services will not be refundable on ending of the Term.
6.4 We may end a User’s subscription for the Services (whether paid for or free) at any time by giving notice by email to the User provided always that, if we do so, we shall repay to any User any fees paid by them for paid for Services in advance.
6.5 When the Term for paid for Services comes to an end (whether through termination by us or by the User) we will retain any models created by the User during the Term but we reserve the right to suspend any customisation done by the User during the Term for paid for Services.
The pricing of the different subscription options is available on the Website and may be changed by us at any time. If the User does not accept the new prices, he or she should stop using the Services and terminate his or her subscription under Section 6.2. The User who uses the paid for Services after the new prices have come into force is deemed to have accepted them.
7.2 Payment terms
The payment of the price for paid for Services is carried out via an online automated payment, through the secure payment service Paypal or such other electronic payment system and re-use from time to time, at the beginning of the Term.
8 User’s obligations
8.1 Without prejudice to any other obligation under these terms and conditions, the User undertakes as follows:
8.1.1 The User undertakes to use the Website and Services according to these terms and conditions and in accordance with all relevant laws;
8.1.2 The User accepts that they use the Website and/or Services based solely on their own assessment of them and acknowledges that they have made their own assessment of the suitability and functionality of the Website and the Services;
8.1.3 The User is solely responsible for his or her use of the Website and Services;
8.1.4 The User is solely responsible for the Files he or she uploads on the Website and their content (the “Content”);
8.1.5 The User warrants and represents to us that he or she has all required rights and authorisations for the creation, amendment and uploading and that no use by them of the Services or the Website will infringe the intellectual property rights of any third party nor any law or code of conduct of these Files and their Content;
8.1.6 The User may (at their discretion) make the Content available to other users for download via one of several Creative Commons licenses. For more information, see http://creativecommons.org/licenses/. The User is solely responsible for choosing the appropriate license, if any, under which the Content is available for download; and
8.1.7 By downloading Files made available by other users, the User undertakes to adhere to the terms of whatever Creative Commons license applies.
8.2 The User shall not upload on the Website any file with content that has one or several of following characteristics (this list is not exhaustive):
8.2.1 Pornographic, obscene, improper, shocking or inappropriate for families, or libelous, abusive, violent, racist or xenophobic;
8.2.3 Detrimental for a third party image;
8.2.4 Misleading, deceptive or offering or promoting any illegal, dishonest or deceptive activity;
8.2.5 Harmful for third party information systems (such as viruses, worms, Trojans, etc.); and
8.2.6 Likely to infringe third party rights or to be prejudicial to a third party, in any way and under any form.
8.3 The User undertakes to inform us promptly about any complaint, claim or legal action related to the files he or she has uploaded using the Services and to provide us on request with any information concerning the complaint or claim.
8.4 The User is solely responsible for his or her computer facilities’ smooth functioning as well as for the safeguarding of his or her files, and the User undertakes to safeguard his or her files. The User is informed and accepts that he or she is solely responsible for the safety of the files he or she chooses to upload and for the observance of possible rights over these files.
9 Prohibited conduct
9.1 Without prejudice to the provisions of clause 8 the User shall not use the Services for any of the following purposes:
(a) the exercise of activities that are illegal or fraudulent or which may threaten the rights or safety of third parties;
(b) violation of any laws and regulations in force;
(c) intrusion into a third party’s computer system or any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security;
(d) sending unsolicited or canvassing emails;
(e) carrying out operations aimed at improving the referencing of a third-party website
(f) assisting or inciting, in any form or any way whatsoever, one or more of the above-mentioned acts and activities;
(g) copying, attempting to copy, or reverse-engineering, or otherwise using the Files of other users (a) that have not been made available for download under a Creative Commons license or any other license or (b) in a manner outside the scope of any applicable license; and/or
(h) more generally, any practice that uses the Services for purposes other than those for which they were designed.
9.2 The User is strictly prohibited from copying and/or diverting the concept, technologies or any other component of the Website without prejudice to the above the following are also prohibited: (i) any form of behavior likely to interrupt, suspend, slow down or hinder the continuity of the Services, (ii) any intrusion or attempt to break into our systems, (iii) any diversion of the Website’s system resources, (iv) any action that may place a disproportionate load on the latter’s infrastructure, (v) any attack on security and authentication measures, (vi) any action that may be infringing our rights and/or financial, or commercial interests or of the Users of the Website, (vii) any modification of the Website’s code or layout including (but not limited to) the hiding of any banners or other features of the Website if embedding content in a third party website and finally, (viii) any violation of these terms and conditions.
10 Consequences of breach
Should a User violate any of the provisions of these terms and conditions we reserve the right to:
(a) suspend or suppress all or part of the file that has caused the prejudice or contributed to it, at any time and without a notice;
(b) suspend or prevent access to all or part of the Services;
(c) suspend or terminate the User’s access to the Services;
(d) take all the appropriate measures and begin all legal proceedings; and
(e) where necessary, inform the competent authorities, cooperate with them and provide them with all the information they need to seek out and suppress illegal or illicit activities.
11 User’s guarantee
The User guarantees and indemnifies us against any complaints, claims, actions and/or demands made against us as a result of a violation by the User of any of the provisions of these terms and conditions. He or she undertakes to compensate us for any prejudice or liability that it may suffer and cover all costs, charges, damages, fees and expenses and/or fines that it may incur or have to pay as a result, including legal fees.
12 Modifying and terminating the Services
12.1 At any time
We reserve the right to modify or stop offering all or part of the Services at any time, at our discretion. The User will be informed of these modifications and/or stoppages by any appropriate means, giving one month’s notice.
12.2 In the event of a violation on the User’s part.
Should the User fail to comply with these terms and conditions, we reserve the right to terminate his or her access to all or part of the Services, with immediate effect. Termination shall take effect when we send the email to the User. Termination of the totality of the Services leads automatically and without prior notice to the deletion of the User’s Account and the acceleration of all sums owed by the latter, without prejudice to any other consequences, rights and remedies that may arise in application of these terms and conditions.
13 Exclusion of liability
13.1 This clause 13 sets out our entire financial liability (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the User:
(a) in respect of any use made by the User of the Services or website or any part of them; and
(b) in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with these terms and conditions.
13.2 Except as expressly and specifically provided in these terms and conditions:
(a) the User assumes sole responsibility for results obtained from the use of the Services by the User, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided by the User in connection with the Services;
(b) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these terms and conditions; and
(c) the Services are provided to the User on an "as is" basis.
13.3 Nothing in these terms and conditions excludes our liability:
(a) for death or personal injury caused by our negligence; or
(b) for fraud or fraudulent misrepresentation.
13.4 Subject to clause 13.2 and clause 13.3 if you are a Business User:
(a) we shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under these terms and conditions; and
(b) our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these terms and conditions shall be limited to £100.
13.5 Subject to clause 13.2 and 13.3, if you are a Consumer we shall be responsible for any loss incurred by you as a result of your use of the Website and/or Services provided always that such loss was foreseeable by us and a direct result of our breach of these terms and conditions and/or negligence.
14 Intellectual property
The User acknowledges and agrees that we and our licensors own all intellectual property rights in the Services and the Website. Except as expressly stated herein, these terms and conditions do not grant the User any right to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the Website.
15 Personal data
15.2 Where we refer to Data Protection Legislation we mean all applicable privacy and data protection laws including the General Data Protection Regulation ((EU) 2016/679) and any applicable national implementing laws, regulations and secondary legislation in England and Wales relating to the processing of Personal Data and the privacy of electronic communications, as amended, replaced or updated from time to time, including the Privacy and Electronic Communications Directive (2002/58/EC) and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2003/2426). Where we refer to Personal Data, we mean any information relating to an identified or identifiable natural person that is processed by us as a result of, or in connection with, the provision of the Services to the User; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
15.3 Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 15 is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection Legislation.
15.4 The parties acknowledge that for the purposes of the Data Protection Legislation, the User is the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation).
15.5 Without prejudice to the generality of clause 15.3, the User will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of providing the Services to the User.
15.6 Without prejudice to the generality of clause 15.3, we shall, in relation to any Personal Data processed in connection with the performance of our obligations for the provision of the Services to the User:
(a) process that Personal Data only on the written instructions of the User unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall notify the User of this before performing the processing required by the Applicable Laws unless those Applicable Laws us from so notifying the User;
(b) ensure that we have in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures;
(c) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential;
(d) assist the User, at the User’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;
(e) notify the User on becoming aware of a Personal Data breach;
(f) at the User’s written direction, and so far as it is reasonably and technically possible to do so, delete or return Personal Data and copies thereof to the User on termination of the agreement to provide the Services to the User unless required by Applicable Law to store the Personal Data; and
(g) maintain complete and accurate records and information to demonstrate our compliance with this clause 15.
15.7 The User warrants and represents that:
(a) our expected use of the Personal Data for the provision of the Services and as specifically instructed by the User will comply with the Data Protection Legislation.
(b) the processing of the Personal Data from time to time (including processing for direct marketing purposes) has been carried out in accordance with the Data Protection Legislation at all times;
(c) the User is not aware of any circumstances likely to give rise to breach of any of the Data Protection Legislation in the future;
(d) we are entitled to process the Personal Data for the purposes of complying with our obligations under this agreement and such use will comply with the Data Protection Legislation;
(e) where required by the Data Protection Legislation all data subjects relating to the Personal Data have given their valid written consent and, where required under the Data Protection Legislation, their explicit consent to the transfer of their Personal Data by the User to us and to the processing of their Personal Data by us for the purposes of complying with our obligations under this agreement; and
(f) our expected use of the Personal Data under this agreement and as specifically instructed by the User will comply with the Data Protection Legislation.
15.7 The User acknowledges that we are reliant on the User for direction as to the extent to which we are entitled to use and process the Personal Data. Consequently, we will not be liable for any claim brought by a data subject or any action of any regulator (including, for the avoidance of doubt any fine) arising from any action or omission by us to the extent that such action or omission resulted directly from instructions provided by the User and the User shall indemnify us in full against any costs, claims, damages or expenses incurred by us as a result of any action by a data subject or regulator resulting from us following the User’s instructions and/or any breach by the User of any of the provisions of clause 15.7.
16 Commercial references
The User explicitly authorises us to mention him or her and, where relevant, use the reproduction of his or her brand or logo as a commercial reference, particularly at shows or events, in its sales documents and on the Website, under any form.
17.1 Force Majeure
We shall have no liability to the User under these terms and conditions if we are prevented from or delayed in performing our obligations under these terms and conditions, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes, failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the User is notified of such an event and its expected duration.
No variation of these terms and conditions shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.4 Rights And Remedies
Except as expressly provided in these terms and conditions, the rights and remedies provided under this agreement are in addition to, and not exclusive of, any rights or remedies provided by law.
(a) If any provision (or part of a provision) of these terms and conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
(b) If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
17.6 Entire Agreement
(a) These terms and conditions, and any documents referred to in them, constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover.
(b) Each of the parties acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in these terms and conditions.
(a) The User shall not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms and conditions.
(b) We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these terms and conditions.
17.8 No Partnership Or Agency
Nothing in these terms and conditions is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
17.9 Governing Law
These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions or its subject matter or formation (including non-contractual disputes or claims).
18 Links and third-party websites
(a) We may in no circumstances be held liable for the technical availability of websites operated by third parties that are accessed by Users via the Website (“Third Party Website”).
(b) Where we provide links or access to Third Party Website(s) through our Website, we will in no circumstances accept responsibility for, or be held liable for, the goods and/or services provided by such third parties or any agreement that you enter in to with them. If you have a query or issue relating to the third party’s goods and/or services or the Third Party Website in general, you must contact the third party provider directly.
(c) Where you access a Third Party Website through our Website, we may be asked to provide information, designs or any other data (“Data”), to the Third Party Website provider (e.g. a copy of your 3D print). If we are required to provide this Data, you consent to us doing so. We shall not in any circumstance accept responsibility for, or be liable for, the Data that is sent to the third party provider, or any delay in providing the Data to them. Furthermore, we shall not accept liability for any goods and/or services provided by the third party provider (including without limitation, the quality and workmanship of the goods and/or services) that combine, consist of, or are based upon any Data that we provide to them. It is your sole responsibility to satisfy yourself that the Data meets your requirements and is suited to your needs.
Last update : May 25th 2018