Terms of Use

Date of issue: 16th February 2008

Please read these Terms of Use ("Terms") carefully as they contain the legal terms that you agree to when you use the services ("Services") provided to you by Zapfab Ltd, ("Zapfab") through www.zapfab.com (the "Site").

Changes

We may change these Terms at any time. Any changes will take effect on the date they are posted onto the Site (see date above). You should periodically check this page to ensure that you understand the current Terms.

Use of the Site

By entering and using the Site or the Services, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Zapfab that you will use the Site and the Services only in a manner consistent with these Terms.

Eligibility

You must be 18 years or older to use the Services. By using the Site, you represent and warrant that you are 18 or older and that you have the capacity to understand, agree to and comply with these Terms.

Registration and account security

In consideration of your use of the Site, you agree to:

• provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data")
• maintain the security of your password and identification
• maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete, and
• be fully responsible for all use of your account and for any actions that take place using your account

Termination

This Agreement will remain in full force and effect while you use the Services or are registered on the Site.

You may terminate your registration at any time, by notifying us via email. We may terminate your registration at any time, without warning. Even after registration is terminated, this Agreement will remain in effect.

User Content that you have posted on the Site may remain on the Site even after you have terminated your registration. This may include files you have uploaded, designs you have customized, comments you have made, etc.

No warranties

The Services, the Site, and all related products and Services are provided "as is" with no warranties whatsoever. All express, implied and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, title, and non-infringement, are expressly disclaimed. To the fullest extent permitted by law, Zapfab disclaims any warranties for the security, reliability, timeliness and performance of these Services. We do not warrant that the functions performed by the Services will be uninterrupted or error-free, or that the Site or the servers that support it will be free from viruses or other harmful components. We do not warrant the accuracy or completeness of any content related to products on this Site.

You understand and agree that the use of the Site, and the design or ordering of any products through the Services is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result from the design or ordering of any products. You are solely responsible for creating back-ups of your digital content. In the event of any mistake by Zapfab, such as the shipment of a defective product, we will be liable only to the extent of our return policy, as set out below

Except as expressly provided in the preceding paragraphs, to the fullest extent allowed by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary and punitive damages arising out of

• the use of or inability to use the Site or the Services
• any transaction conducted through or facilitated by the Site
• any claim attributable to errors, omissions, or other inaccuracies in the Site or the Services
• unauthorized access to or alteration of your transmissions or data, or
• any other matter relating to the Site or the Services or products offered on the Site, even if Zapfab has been advised of the possibility of such damages.

The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such countries, Zapfab liability is limited and warranties are excluded to the greatest extent permitted by law, but shall in no event exceed £100.00.

Suspension of Services

You agree that Zapfab may at any time without notice: Move, change, suspend or remove any part of the Site or the Services; or refuse to accept your uploads or customisations or to fulfil any order, or any part of any order.

Indemnification

You understand and agree that you are personally responsible for your behaviour in connection with the Site and the Services. You agree to indemnify, defend and hold harmless Zapfab, its directors, officers, agents, contractors, partners and employees, from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of:

• your use of the Site
• products that you design and order through the Site and the Services
• any violation of these Terms, or
• any violation of any rights of a third party

Intellectual property

Zapfab is, unless otherwise stated, the owner or licensee of all copyright and database rights in the Site, the Services and their contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.

Conduct

You agree that you will use the Site and the Services in compliance with all applicable local, national and international laws, rules and regulations. You agree not to use the Site or the Services:

• for any unlawful purposes;
• to order for print or otherwise transmit or communicate any material that is obscene, offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libellous, vulgar, illegal or otherwise objectionable;
• to forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
• to transmit any material which is likely to cause harm to Zapfab’s or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Services which may cause any defect, error, malfunction or corruption to the Services;
• to transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or any other form of solicitation; or
• to impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity.

You further agree that you shall not:

• interfere with or disrupt (or attempt to interfere with or disrupt) the Site or the Services or servers or networks connected to the Site or the Services, or to disobey any requirements, procedures, policies or regulations of networks connected to the Site or the Services;
• provide any information to Zapfab that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose; or
• use the Site or the Services for any commercial use or purpose.

User Content

You are solely responsible for the design files, customisations, comments, ratings, tags, etc. (User Content) that you upload, save, publish or display ("Post") on or through the Site or the Services. You may not Post User Content on the Site or Services that you did not create or that you do not have permission to Post. You understand and agree that Zapfab may, but is not obligated to, review the Site and may delete or remove (without notice) any User Content in its sole discretion. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to Zapfab.

Zapfab does not claim any ownership rights in any User Content that you Post on or through the Site or the Services. After Posting User Content on or through the Site or the Services, you continue to retain all ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By Posting your User Content on or through the Site or the Services, you hereby grant to Zapfab a limited, perpetual, fully paid and royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Site and Services. This includes the use of your User Content to create physical objects for you and for other people.

Price

All prices and charges on this Site are in UK pounds. They include any VAT payable, but exclude delivery charges or any import duties that may be added by the order destination country.

The total cost of your order will be the price of the products you order, plus the applicable delivery charge. All these will be set out clearly in your Shopping Basket before you submit your order.

If you are ordering from outside the EU, you may incur import duties payable to import the products into your own country. These will be assessed by your country’s customs officials at the time the products enter your country, and you will need to pay the duties before the products will be released to you.

Contract formation

You will have an opportunity to check and correct any input errors in your order up until you click the Google Checkout ‘Place your order now’ button.

After you have placed your order, we will begin to process it. We may send you one or more acknowledgement emails to confirm progress. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a specific 'Order Acceptance' email.

We try very hard to ensure that all the information on the Site is accurate and that all the designs can be made with the 3D printer. However, just occasionally an error can occur. If we discover an error in the price of a design, or in other information relating to a design, or discover that a particular object cannot be made or shipped to you, then we will contact you with the details. In some cases we may have to cancel the order. In other cases we may ask you to choose either to continue with your order at the correct price, with the correct information, or to cancel your order.

We reserve the right to decline all or part of your order.

Delays

We do everything we can to meet the delivery times we specify. However, occasionally delivery times may be affected by factors beyond our control and therefore they cannot be guaranteed. We will inform you if we become aware of an unexpected delay.

Faults

You may return any item which was mistakenly shipped or which was damaged during shipping within 30 days of receipt. Upon return of your product in accordance with these Terms, Zapfab will offer to either refund your money or replace your product, at its sole discretion.

Changes of mind

Because the objects are custom-made just for you, we cannot give refunds. This does not affect your statutory rights.

Linked websites

These Terms only cover the Zapfab website. Any other websites to which you link from this Site are governed by their own terms of use. We accept no responsibility or liability for the content or operation of websites which are not under our control.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Jurisdiction

These Terms and all transactions relating to this website are governed by English law and are subject to the non-exclusive jurisdiction of the English courts. We do not accept amendments to these Terms.