Terms and Conditions

Justappi Limited

 Terms & Conditions of business

The following forms a binding legal agreement stating the terms and conditions for viewing, accessing, using or otherwise dealing with any of the services provided by Justappi Ltd, a company registered in England, Reg No 08409694, and its affiliates (collectively ‘Justappi’, ‘company’, ‘we’, ‘us’ or ‘our’). These terms and conditions extend in their entirety to use of the website www.justappi.com, along with its connected websites (‘website’). By using the Justappi website you acknowledge that you have read, understood and agree to be governed by these terms and conditions, and to comply with any applicable laws and regulations. If you do not agree with the terms and conditions you should not use the website nor any associated services.

Account terms

The minimum age for using the Justappi website is 18 years. Anyone under the age of 18 years may still use the website but only with the permission, and under the supervision of a parent/guardian who assume responsibility for agreement with these terms and conditions.

Upon joining the website you must provide accurate, current information relating to your identity, location, contact details and any other information requested during the registration process. You have an obligation to notify us, or amend manually where possible, of any changes to the information that you have submitted. You have a further obligation to keep any user names and passwords secure and not disclosed, either intentionally or unintentionally, to any third party. We do not accept any liability for any loss and/or damage arising out of your failure to maintain the security of your account details. We also reserve the right to decline or terminate any proposed or current membership without giving reason or notice.

Ordering

We make available on the website a selection of files suitable for interaction with a range of 3D printers to produce physical products. These files are submitted by third parties (‘the seller’) and we make no assurances whatsoever as to the quality, functionality, accuracy or otherwise of the files. You accept that any file, or files, you purchase, or download for free, along with any written, detailed information/instructions, including photographs, are taken ‘as is’ and we accept no responsibility whatsoever for any errors and/or omissions in the same. You further accept that any contract that has deemed to been formed, in a transaction of your initiation, is strictly between yourself and the party who submitted the file and that any complaint and/or dissatisfaction should be directed to the seller using our notification system available on the site. This does not affect any statutory rights you may have under English Law.

Prices (where applicable) are set directly by the seller and are indicative at the time of display only, and subject to change at the sellers’ discretion. We are not bound to sell any item and at any price. Payments are made direct to the seller, via Paypal, and forms a contract between the buyer and the seller. We are not in any way responsible for the processing of payments and any issues with such should be directed towards PayPal. If in the process of ordering we have reason to withdraw the file, either through a quality or legal issue but payment has already been made to the seller you should contact the seller for redress.

Once payment has been made (where applicable) a buyer will receive a email containing a download link for the file selected. If no email is received within 2 hours of ordering please contact us on support@justappi.com for further advice.

Selling & File submissions

Any potential seller must become a member of the website as a seller, or upgrade their buying membership to include selling. A seller has the additional obligation to provide more detailed information about themselves including, but not limited to, providing a method of sending and receiving payments. A seller also undertakes to resolve any issues that may arise, either by way of a complaint from a buyer, or a substantiated notice of potential copyright infringement, in a prompt, courteous and efficient manner and at all times within the scope of the law and regulations. For a seller to submit a file, either to offer for sale or as a free download it is a condition of acceptance by us that the seller reads, and acknowledges their acceptance of the copyright disclaimer on the submission page.

File quality

Justappi Ltd makes no warranty whatsoever as to the quality of the file content on its site. Any potential buyers should satisfy themselves as to the assumed quality prior to making their purchase. The file verification scheme (see below) should prove to be an indicator and in conjunction with the file comments section should eliminate most doubts, however, it should be fully understood that this is third party generated, with whom we have no control over, and therefore we make no guarantee as to its accuracy.

File Verification Scheme

Buyers are invited to participate in the file verification scheme in order to help validate product quality on the site. Should any member abuse the scheme by using anything that could be considered  contrary to paragraph two of the user generated content clause listed below we shall reserve the right to amend or remove the content posted.

Use of the Justappi website

Copyright in all proprietary rights (including but not limited to, text, audio, video, software developed by Justappi Ltd and/or used as a functional part of the website, photographs, but excluding any user generated content) in the content of the Justappi website rests with Justappi Ltd. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only provided that any copyright and other proprietary notices shall be retained on all reproductions. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission by any means, currently known or unknown, without the prior written consent of Justappi Ltd is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the website.

The Justappi website may provide links to other websites/services that are not under the control of Justappi Ltd. Justappi Ltd shall not be responsible in any way for the content of such other websites. Justappi Ltd provides such links only as a convenience to you only, and the inclusion of any link to any such websites does not imply any endorsement by Justappi Ltd of the content of such websites.

The Justappi service is a web based service and as such it may be subject to periods of temporary downtime. At various times we also update our website, which will result in the service not being available for a certain period of time. We will endeavor to ensure that the website operates reliably and consistently, but we express no warranty that the website will operate on a uninterrupted basis without any faults. We are not responsible for any losses suffered by you as a result of any interruption in service of the website or suspension of your access to the website.

User Generated Content

This term shall be applied, within the terms and conditions herein, to mean any content uploaded by any member of the website (excluding Justappi Ltd staff and its agents). The meaning shall cover any 3D print file, documentation, photos, specifications, comments, or other material that is not deemed to be in the public domain.

All User Generated Content should comply fully with the Justappi Ltd copyright disclaimer in both legal and moral terms. We do not moderate user generated content and we cannot be held responsible, nor liable, for any content submitted. If any violation is bought to our attention regarding, but not limited to, infringement, or alleged infringement of copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right we shall seek a resolution of the dispute in a manner described in paragraph three of the Justappi Ltd copyright disclaimer. If we receive a complaint alleging anything that is subsequently deemed to be abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information we shall remove the offending content without notice to the offending party.

By submitting user generated content you are granting Justappi Ltd a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to promote, display on the website, reproduce any documentation, photos, descriptions, specifications, distribute or any other way that Justappi Ltd deems necessary to promote the Justappi website and its services, including any successors and assigns, in the course of its normal business operations. The granting of such rights does not affect your rights under ownership or licensing of any user generated content by yourself. Further, you  personally represent and warrant that you have possession of all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights whatsoever.

Intellectual Property Rights

Nothing contained in these terms and conditions shall alter or affect your ownership of the intellectual rights in the work, either by way of title or by authorised licence, of the submitted file. By submitting a 3d file, photographs, specification and/or description you warrant that you are the owner, or licensee, of the intellectual property rights and have the legal ability to deal with same and have checked the read and agreed box in the copyright disclaimer notice prior to uploading. You further undertake to hold Justappi Ltd harmless in any way, and to underwrite any costs and/or losses in the event of any action being taken by a third party in respect of copyright ownership/infringement.

Use of Personal Data

By using the Justappi website you agree that Justappi Ltd may collect, and use, personal data about you. Such information collected through the website shall only be used in accordance with the Justappi privacy policy. For more information please read the Justappi privacy policy

Limitation of Liability

The terms and conditions contained herein set out the full extent of our obligations and liabilities in respect of the Justappi website service. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of any service except as expressly stated in these terms and conditions. Any warranty, condition or other term arising out of or in connection with the service which might otherwise be implied into or incorporated into these terms and conditions by statute, common law, laws applicable in the country where you used the services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

JUSTAPPI LTD SHALL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.
OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY JUSTAPPI LTD FOR THE RELEVANT USE OF SERVICE.

Nothing in these terms and conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by applicable statute law.

Indemnification

You personally agree to indemnify and hold Justappi Ltd, its employees, any associated companies (including its employees), any authorized distributors, agents, affiliates, dealers (including their employees) harmless from any and all liabilities, costs, damages and expenses (including reasonable legal fees) arising from, or relating to, any claims that result from your breach of the terms and conditions contained herein.

Changes to website, services and/or terms and conditions

Justappi Ltd reserve the right to make any changes to the website, its service and/or the terms and conditions of use at any time. Such changes will take effect upon publication and shall affect any business from the time of publication onwards. It is your responsibility to check for any changes, especially in the terms and conditions so you are fully aware of such changes.

Governing Law

These terms and conditions shall be governed by English Law  without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than England. Any and all disputes arising from these terms and conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Justappi website or its associated services shall be brought in the appropriate courts in the UK under English Law.

Complete agreement

These terms and conditions, together with our privacy statement and any/all other policies, guidelines, notices or  FAQs published by Justappi Ltd, either on the Justappi website or by way of other communication, shall represent the complete and exclusive agreement relating to the subject matter hereof, and  which supersedes any proposal or prior agreement, oral or written and any other communications between you and Justappi Ltd. No amendment of these terms and conditions shall be binding upon Justappi Ltd unless in writing and signed by an authorised member of Justappi Ltd. If any provision is held to be void or unenforceable, such provision shall be reformed, where possible and practical to do so, only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these terms and conditions.

Contact

If you have any questions regarding our terms and condition, privacy policy or copyright policy please contact us at questions@justappi.com

 

Effective from April 2013

E&OE