Terms of Service Policy
TERMS OF SERVICE POLICY
The following terms and conditions constitute a legally binding contract between you and us (iSAW COMPANY) when using and interacting with our website.
We refer to ourselves and all of our subsidiaries, affiliated companies and third parties collectively as “iSAW”.
The services we offer are subject to your acceptance without modification of all of the terms and conditions contained herein.
We have other policies and procedures which contain specific terms and conditions which apply to the overall services we provide and are part of this agreement.
YOUR USE OF OUR WEBSITE CONSTITUTES YOUR ACCEPTANCE OF AND YOU AGREE TO BE BOUND BY OUR TERMS OF SERVICE AGREEMENT. BY PLACING AN ORDER TO PURCHASE PRODUCTS OR USING OUR SERVICES, YOU ALSO ACCEPT, AGREE AND ARE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF OUR TERMS OF SERVICE, DO NOT USE THE SITE OR ANY OF THE SERVICES WITHIN.
Access & Account
In order to enjoy the benefits we offer, you can register an account and become an account holder. This requires that you register your details on our website by truthfully filling out all required personal information. Essentially, you will need to provide a name, surname, email address and password. If you so wish, you can also unregister or delete your account at any time by doing this online on our website too. Opting out or opting in of any marketing and promotional activities, including emails, is your right and your choice, which you can do at any time.
Never access or use another user's account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify us immediately of any breach of your password or unauthorised use of your account. iSAW will not be liable for any losses caused by any unauthorised use of your account, however, you may be liable for any losses we and any others incur due to such unauthorised breach or abuse of your account.
We may change, suspend or discontinue any services, products, fees, charges and terms of service at any time, including the availability of any feature or content. We may also impose limits on certain features and services or restrict a user's access to all or parts of our services without notice or liability.
If you are an individual and not an organisation or a service, you need to be at least 16 years of age to access our website and use our services. If there is any doubt or question about your age, then you may need to certify with visual proof that you are at least 16 years of age before being allowed to continue utilising our website and services. If you are using our services on behalf of an organisation or a service, then you may need to certify that you are legally authorised and permitted to bind such an organisation or service to this agreement and use our services. Notwithstanding the aforementioned, you agree to take full responsibility for your actions and use of our services whilst using and interacting on our website. This agreement is void where prohibited by law, and the right to access or use our services is revoked in such jurisdictions.
At our sole discretion, we reserve the right to modify this agreement and its terms, as well as any fees and other charges for our services at any time. Any modifications will become effective immediately as and when we posts them on our website. You will be responsible for reviewing and familiarising yourself with all modifications, and you agree to review the terms of this agreement each time you access or use our website so that you are aware of the modifications made to this agreement. The use of our website and services after we post any modifications on the website constitutes your acceptance of the modified terms and conditions of this agreement. If you do not agree to the modified terms, you must not access or use our website or our services. You must send us written notification via email with your account details to be closed and deleted, which will be accomplished within 30 days of receiving your notice.
All content and information of images, pictures, data, text, photographs, graphics, messages and any other type of content that you post, submit, upload, display, sell or use whilst using our services, is your content. We don’t make any claim to it, that includes anything you post using our services like your customer reviews, comments and feedback.
You are solely responsible for the content that you share and post on and through the services we use. You must not infringe or violate upon other individuals, companies or services rights by sharing or posting any material knowing that it will harm them, their reputation and their rights, or for them to be seen in a bad light.
Any content that you share or post using our services may be used to better our contracts, policies and services as far as the law allows us to use this information if needed. This means that we will never use your content except with your express permission or as necessity requires it within in this agreement.
By reporting any unauthorised, harmful or obscene content, we show respect of other peoples right to use our services in an offensive-free environment for the enjoyment and betterment of everyones benefit. We are committed to following appropriate legal procedures to remove infringing, obscene and socially damaging content from our services. This should be common sense, but there are certain types of content we don’t want submitted to our services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, offensive, vulgar, illegal, socially damaging or in violation of any part of this agreement. You also agree not to post any content that is false or misleading or uses our services in a manner that is fraudulent or deceptive.
Use of Services
You agree that you will not use our services to break the law or violate any laws in connection with your use of our services. This includes any local, state, federal, and international laws that may apply. You must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against iSAW, another iSAW user, or a third party.
You agree not to harm or interfere with or try to disrupt our services by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems we may use to promote our products. You agree not to use our services to knowingly send, receive, upload, download, use, or re-use any material which does not comply with this agreement or to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our services.
As a service provider with different elements of service to our customers, visitors and service users, we’re bound by law to fulfil our obligations to you and ourselves legally, and as a result, we may provide you with certain legal information through our policies. By using our services, you’re agreeing to our communication methods which describes how we may provide that information to you. This simply means that we reserve the right to provide you information electronically so you may better understand our obligations and policies we need to have in place for everyones benefit.
Digital items like mockups, templates, images, texts and other design assets are created in connection with the products and/or services we offer, and as a result, may only be used in connection with the advertising, promoting and sale of iSAW’s products and may not be used for other purposes or in conjunction with other companies without our express and clear permission.
iSAW COMPANY EMPLOYS THIRD-PARTY SERVICES OF PRINT-ON-DEMAND COMPANIES TO FULFIL, MANUFACTURE AND SHIP ALL PRODUCTS TO OUR CUSTOMERS FROM OUR WEBSITE
We are dedicated to making our services the best we can, but we’re not perfect and sometimes things can go wrong. You understand that our services are provided “as is” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to the physical products we offer.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE, OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, WITH EXCEPTION FOR THE WARRANTIES OR CONDITIONS PROVIDED FOR THE PHYSICAL PRODUCTS WE OFFER
We shall not be liable for any delays or interruptions in connection with the use of our services that are beyond our control. We strive to ensure that the services we use are law compliant, reputable and always available to you for your enjoyment wherever you may be or at whatever time you may use our services. We strive to provide a service that will always meet your expectations, but sometimes things happen beyond our control that affects the service we provide, to which we cannot and will not be held liable for.
AS A RESULT, NEITHER iSAW COMPANY NOR ANY OF OUR THIRD-PARTY SERVICES SHALL BE LIABLE TO YOU FOR ANY LOST REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO OUR SERVICES OR THIS AGREEMENT, REGARDLESS OF WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, AND WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND ANY SPECIFIC CIRCUMSTANCES OF YOU OR YOUR SITUATION. THE LIABILITY OF ANY iSAW THIRD-PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH OUR WEBSITE. YOU USE OUR SERVICES SOLELY AT YOUR OWN RISK
Limited Warranty on Products
We warrant that, at the time of quality control after manufacturing a physical product, the product will not be materially defective or damaged. We strive to ensure our products are quality tested, manufactured to our high standards, quality checked and safely and protectively packaged before every product leaves our premises to be shipped to customers. In the rare circumstance this is not entirely the case, we shall make any rectification of the product ordered or issue a refund when such defective products has been bought to our attention with visual proof of the defect or damage within our 30 day Returns Policy.
We extend this limited warranty only to customers and users purchasing directly from the services on our website. All limited warranty coverage terminates if the customer or user sells or otherwise transfers a product.
This limited warranty DOES NOT cover any damage to or defect in a product caused by any of the following:
1 - you or a third party
2 - any improper handling, including during shipping and storage of the product
3 - failure to follow any product instructions
4 - any modifications to the product
5 - any unauthorised repair to the product
6 - any external causes such as accidents, fire, flood, “acts of God” or other actions beyond our reasonable control
7 - any costs or expenses related to the loss of use or any other costs or expenses not covered by this limited warranty
THIS LIMITED WARRANTY DOES NOT COVER ANY ITEMS SUPPLIED BY ANY OTHER THIRD PARTY, ANY SIZE EXCHANGES OR BUYER’S REMORSE
We unfortunately cannot guarantee that the colours and details in our website images are 100% accurate representations of a product, and sizes might in some cases be approximate. Accordingly, this limited warranty does not cover such matters.
This limited warranty starts on the date of the delivery of the product to the customer or user and the warranty period is valid for 30 days. For the avoidance of doubt, iSAW acknowledges that according to some jurisdictions the customer or user may be entitled to a longer warranty period.
With respect to any materially defective or damaged product, we will, in our sole discretion, either replace the product (or the defective or damaged part of the product) free of charge, or refund the purchase price paid to us by the customer or user along with the shipping fees corresponding to the defective or damaged products.
Promptly following delivery of a product, you will inspect the product. If a product is materially defective (including any error in printing) or damaged upon receipt, or if you received the wrong product, then in order to be eligible for service under this limited warranty, you must submit a claim within the 30 days in compliance with our Returns Policy.
Limitation of Liability
The remedies described in the section above are your exclusive and only remedies for any breach of this limited warranty. Our entire liability for a defective or damaged product shall under no circumstances exceed the actual amount for the product, nor shall we under any circumstances, to the fullest extent permitted by law, be liable for any lost profit, revenues or financial circumstances or losses that may arise because of the damaged or defective product.
Your Rights In The Case of Lack of Conformity
If you are a customer and/or user residing in the European Economic Area (EEA), the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by iSAW, as well as any costs related to the delivery to you of the repaired or replaced product.
Responsibility of Site Members & Visitors
VIOLATION OF THIS AGREEMENT OR ANY OTHER RULES WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT
iSAW, and any of its third-parties, shall have the right within our sole discretion to pre-screen, refuse, block, disable or remove any content that has been made available via the services we provide. You agree that you must evaluate and to the extent permitted by law, bear all risks associated with the use of and sharing of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content in any format created by iSAW, or submitted to iSAW.
If we deem your actions are lacking security consciousness, responsibility or due care, we may limit, suspend or terminate our services from you and your account. This may result in prohibiting access to our site, delay, remove, block, or disable hosted content you may have partaken in, and take technical and legal steps to keep you off our site if we think that you are creating problems, causing possible legal liabilities, breaching this agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing iSAW with accurate and truthful information, including your name and surname if you are a customer or user. If you have provided iSAW with inaccurate or false information, you shall be liable to iSAW for damages and losses, including any taxes, arising out of such inaccurate or false information, and you shall reimburse such damages and losses, including any taxes, to iSAW, and we have the right to charge you for such damages and losses, including any taxes.
Payments & Fees
You may choose to have your billing information saved to use it for future orders and charges associated with our products and/or services. In such case, you acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a product or use a service that has a fee, you will be charged that fee and you agree to pay the fees at the time the order is placed. We may change our fees from time to time for promotional events, like when we have holiday sales or offer you a discount off some products, or may change our fees for new services, such changes will be effective when we post the promotional event or new service on our site or inform you individually.
By placing an order through the website, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to effect payment. In case of an unauthorised use of a payment method, you will be personally liable for, and shall reimburse iSAW for damages resulting from such unauthorised use.
With regard to payment methods, you represent to iSAW that the billing information you supply to us is true, correct, and complete, and to the best of your knowledge, charges incurred by you will be honoured by your financial institution, including any credit card company or payment service provider.
If you make any return which does not comply with our returns policy, you will reimburse iSAW for our losses, which consist of fulfilment costs and chargeback handling fees.
In our sole discretion, we may refuse to process a transaction. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose which currency from the options available on the website in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our website and services. After receiving your order you may receive an email from us with the details and description of the products ordered.
Payment of the total price plus taxes and delivery must be made in full before the dispatch of your products.
iSAW, at its sole discretion, may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts on the website, in the marketing and promotional emails or via other channels or events iSAW may use or participate in.
You are responsible for, and will be charged for, all applicable taxes, such as any sales taxes, VAT, GST and any other taxes or duties associated with physical products if applicable.
As all our products are produced by our print-on-demand partners, the shipping costs and any taxes are all calculated at the checkout stages.
After you have confirmed and purchased your order, in some circumstances, it might not be possible to edit or cancel it thereafter. If you do want to change some parameters, customer addresses or other information, please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best to accommodate your changes on a case-by-case basis.
The responsibility of the risk of loss or damage of any physical product passes over to you once it has been delivered to the shipping carrier. It is your responsibility to file any claim with the carrier for a lost shipment if the carrier tracking information indicates that the product was delivered. In such case, iSAW will not make or offer any refunds and will not resend the product. For Users in the European Economic Area, the risk of loss or damage to products will pass over to you when you have taken possession of the physical products.
If the carrier tracking information indicates that a product was lost in transit, you may make a written claim for replacement of, or credit of, the amount of the lost product in compliance with iSAW’s Returns Policy. For products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to iSAW’s investigation and sole discretion.
Description of Products
While many component parts of our products are standard, all products available for purchase are described on their specific page on our website. We always try to represent each design as accurately as possible via photography and in text.
We use a continuous product development so we can provide you with what we consider is the best design combined with best performance, and thus reserve the right to amend the specifications of any products, their price, packaging, and any service associated with it at any time without prior notice. Before ordering, we invite you to have a close look at the product description and design.
We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process products can be damaged. Obviously we won’t knowingly ship damaged items to you, but these damaged items can still be used for charitable purposes. iSAW reserves the right to donate all damaged items with full or partial designs to any charity and you hereby waive your right to collect royalties or other fees regarding damaged products that are donated.
Purchase of Products
Within your order to purchase a product for which you have paid the applicable fee and/or other charges that we have accepted and received, any products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders at our sole discretion.
Orders may be placed and received via our website. Before ordering from us, it is your responsibility to check and determine your ability to receive the products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of the products.
All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an incorrect phone number. Should you have need to ask for a change in the delivery address, phone number, or any other special requirements, please contact us.
We deliver to most places in the world and you bear the cost of getting the product delivered to you. Delivery prices are additional to the product’s price and may vary depending on delivery location and what sort of products, but additional charges may be added to the order for remote or difficult to access locations that require special attention. We reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.
Some products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law, accept no responsibility, apart from advising you of any known delay for products that are delivered after the estimated delivery date. Average time for delivery may be shown on the website. It is only an average estimation, and some deliveries can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming any orders can be subject to change. We will do our best to contact you and advise you of any changes to your delivery.
To the fullest extent permitted by law, you release us and all other iSAW Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any iSAW Third-Parties, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter which is disclaimed by iSAW (or for which iSAW provides no guarantees) under this Agreement, or for which iSAW is otherwise indemnified or released by you under this Agreement.
To the fullest extent permitted by law, you will defend, indemnify, and hold iSAW and the other iSAW Third-Parties harmless from any claim or demand made by you and any third party, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the iSAW Parties, relating to or arising out of your breach of this agreement, your use or misuse of our services, your content, the infringement by your content or your account of someone else’s intellectual property or other rights, your violation of any law or the rights of a third party, or any claims for misrepresentations by you or claims for physical injury or property damage by any of our products or items. We reserve the right to handle our legal defence however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
This Agreement, and all disputes and claims arising out of or in connection with this agreement or its subject matter or formation including non-contractual disputes and claims, are governed by laws applicable within the country a claim or dispute has arisen from. These laws will apply no matter where in the world you live or are located. Notwithstanding the aforementioned, nothing in this agreement, including the aforementioned choice of law provision, affects your rights as a customer or user who relies on any mandatory provisions of the law of the country in which you are resident.
Arbitration & Jury Trial Waiver
THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS RATHER THAN BY JURY, TRIAL OR CLASS ACTIONS
“Disputes” means all disputes and claims arising out of or in connection with this agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by users living in the European Economic Area or Switzerland against iSAW in the European Economic Area.
All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time. The Rules are deemed to be incorporated by reference into this agreement. As of the date of this agreement, you can find them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties.
Unless iSAW and you agree otherwise, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and iSAW acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and iSAW agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND iSAW KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND iSAW WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND iSAW KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You shall bear 100% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
Privacy & Personal Data Processing
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this agreement.
iSAW will not be liable or responsible to you, nor be deemed to have defaulted or breached this agreement for any failure or delay in iSAW’s performance under this agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire, flood, earthquake, governmental action, war, invasion or hostilities, national emergency, explosion, terrorist threat or act, riot or other civil unrest, insurrection, epidemic, lockout, strike or other labor dispute, inability or delay in obtaining supplies, telecommunication breakdown or power outage.
If any provision of this agreement is held to be invalid or unenforceable permitted by law, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this agreement notice upon you. Headings are for reference purposes only and do not limit the scope or extent of this agreement. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this agreement.
We reserve the right to transfer or assign this agreement or any aspect of this agreement, at any time, to another party to uphold on our behalf.
If you have any questions about this agreement, please email our (Terms of Service) Policies Office at email@example.com.
Trading Name: iSAW Company
Legal Name: Imaginatively Superior Art Work Company Ltd
Company Number: 14362481
Registered: England and Wales, United Kingdom
Business Address: 88 Suggitt Street, Hartlepool, TS26 8PY, England, United Kingdom