THE MOCKUPS is legally operated by:
THE BRAND IDENTITY GROUP LTD.
A UK-based private limited company. Company number: 10334580.
Registered address: 7 Browne Close, Ashwellthorpe, Norwich, NR16 1FG, United Kingdom.
Contact: hello@the-mockups.com
Terms
This agreement applies as between you, the User of this Web Site and THE BRAND IDENTITY GROUP LTD, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“THE MOCKUPS” means THE MOCKUPS, legally operated by
THE BRAND IDENTITY GROUP LTD, 7 Browne Close, Ashwellthorpe, Norwich, England, NR16 1FG;
“Service” means collectively any online facilities, tools, services or information that
THE BRAND IDENTITY GROUP LTD makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that
THE BRAND IDENTITY GROUP LTD makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by
THE BRAND IDENTITY GROUP LTD and acting in the course of their employment; and
“Web Site”means the website that you are currently using (www.the-mockups.com).
General Terms
Intellectual Property
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of
THE BRAND IDENTITY GROUP LTD, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by
THE BRAND IDENTITY GROUP LTD.
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of THE BRAND IDENTITY GROUP LTD or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Privacy
For the purposes of applicable data protection legislation,
THE BRAND IDENTITY GROUP LTD will process any personal data you have provided to it in accordance Privacy Policy available on the
THE BRAND IDENTITY GROUP LTD website or on request from
THE BRAND IDENTITY GROUP LTD. You agree that, if you have provided THE BRAND IDENTITY GROUP LTD with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to
THE BRAND IDENTITY GROUP LTD and (2) that you have brought to the attention of any such third party the Privacy Notice available on the THE MOCKUPS’ website or otherwise provided a copy of it to the third party. You agree to indemnify
THE BRAND IDENTITY GROUP LTD in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimers
THE BRAND IDENTITY GROUP LTD makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
THE BRAND IDENTITY GROUP LTD accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Account
In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to the terms and conditions set forth in the Agreement; and 4) provide true, complete, and up to date legal and contact information. If you sign up for THE MOCKUPS on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
Agreement Term
The term of the Agreement (the “Agreement Term”) begins when you sign up for THE MOCKUPS or first use the Services and continues as long as you use the Services and the duration of your subscription.
Account and Password
The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
You’re responsible for keeping your user-id and password confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts.
You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
We don’t have access to your current password, and for security reasons, we may only reset your password.
Rights
Unless we expressly agree otherwise in the Agreement, the Services, and all intellectual property rights associated with the Services, are the sole and exclusive property of
THE BRAND IDENTITY GROUP LTD. Subject to your full and complete payment of all amounts due to
THE BRAND IDENTITY GROUP LTD therefore, to the extent
THE BRAND IDENTITY GROUP LTD provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “THE MOCKUPS Content”),
THE BRAND IDENTITY GROUP LTD grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the THE MOCKUPS Content solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any THE MOCKUPS Content, or any portion thereof, in any other context or website or in connection with any other service. Except for the license granted in this Section, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Services and the THE MOCKUPS Content.
In connection with the rights and licenses granted by
THE BRAND IDENTITY GROUP LTD under the Agreement,
THE BRAND IDENTITY GROUP LTD may provide you with user manuals, reference manuals, (collectively, the “Documentation”).
THE BRAND IDENTITY GROUP LTD is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any, Documentation,
THE BRAND IDENTITY GROUP LTD Content or data related to the Services; (ii) remove any proprietary notices or labels from the Content; reproduce or copy the Content or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Content; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the
THE BRAND IDENTITY GROUP LTD Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the web site so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the THE MOCKUPS Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the MOCKUPS Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Content in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libelous, or otherwise unlawful or tortious material, including material harmful to children or violate of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement.
THE BRAND IDENTITY GROUP LTD reserves all rights in the Services not explicitly granted herein.
You acknowledge and agree that the Services, the Content, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Content or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by
THE BRAND IDENTITY GROUP LTD or by other parties that have licensed their material to
THE BRAND IDENTITY GROUP LTD. You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of
THE BRAND IDENTITY GROUP LTD. Your use of the Services confers no title or ownership in the Services, the Content or the Marks and is not a sale of any rights in the Services, the Content or the Marks. All ownership rights remain in
THE BRAND IDENTITY GROUP LTD or its third party suppliers, as the case may be.
You acknowledge and agree that any comments, ideas and/or reports provided to THE MOCKUPS (“Feedback”) shall be the property of
THE BRAND IDENTITY GROUP LTD and you hereby irrevocably transfer and assign to
THE BRAND IDENTITY GROUP LTD such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
Store Terms
Refund Policy
All sales are final as of the immediate moment of purchase. We do not offer refunds, trades or credit for any purchase unless the customer can provide proof of a defect that is the fault of THE MOCKUPS. In the case of a defective product, please follow the instructions outlined below:
Please send an email to hello@the-mockups.com. detailing your order number and reasons for your complaint. Any written request for a refund must be received by us within 14 days of you, the Customer, receiving your order.
Defective or duplicate orders will be reimbursed as store credit.
THE BRAND IDENTITY GROUP LTD is not liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
End-User License Agreement
The ‘End-User License Agreement’ (EULA) grants you, as the buyer, a non-exclusive, single-user, worldwide license to use of the product, or products, you have purchased.
By purchasing our products, you permit us to use your in-use applications for promotional purpose and mention you as a customer in public contexts.
As the buyer, you are not permitted to redistribute our products outside of your organisation without our permission. You are not permitted to redistribute our products as stock, or lease, license and sub-license. You are not permitted to redistribute our products in their existing form or with superficial modifications.
If it remains unclear what you are and are not allowed to do with our products, please contact hello@the-mockups.com.
Business to Consumer
Our product offering is business to consumer focused. However for orders over 150 EUR, if you’d like to purchase our products as a business, with or without VAT, depending on your registered business location, please contact hello@the-mockups.com with your desired order. In this case, your order will be handled via invoice.
Products Descriptions And Prices
We do our best to ensure that the information about Products is accurate and up-to-date. However we do not guarantee that there will be no errors in the description and/or pricing of the Products, or that Products will always be available if you wish to place an Order to purchase them.
Also, the colours you see on your screen may depend on your computer system and settings, so we cannot guarantee that your computer will accurately display such colours.
We reserve the right to modify the information about Products displayed on our Site, including as regards prices, description and availability. However, such changes will not affect Orders for which you have already received an Order Receipt email.
Purchases on the Website
To complete a purchase, you first have to place an Order for Products. Then, this Order has to be accepted by us.
To place an Order you must be 18 years of age or over. To place an Order you will have to select the Products on the Site, select your preferred shipping method and, if you like, other optional services, and finally click on the “CONFIRM” button. We will not accept Orders placed in any way other than as detailed above.
When you place the Order through the Site you will receive an automated email confirming receipt of your Order. The Order Receipt email contains full details of your Order (such as Order No., information on Products, prices, your shipping address, delivery costs and other). Please note the Order Receipt email is NOT already an acceptance of your Order.
When your Order is accepted by us, we send you an email confirming that all, or part, of the Products have been fulfilled ("Order Confirmation email").
Once you receive the Order Confirmation email, your Order has been finally accepted by us and the purchase contract between you and us is concluded in relation to the Products actually fulfilled. Such a contract is composed by: your Order; our Order Receipt and Order Confirmation emails; the then current Terms and Conditions shall apply.
When Orders are not accepted
While we do our best to always accept Orders, we could however refuse an Order in certain cases, for example if: you provide us with incomplete, incorrect or fraudulent information regarding your identity, age, payment details, billing information, shipping address; we discover that there was an error on our Site relating to the Products you ordered, for example as regards the price or description displayed;the Products you ordered are unfortunately out of stock or no longer available; We have reasonable grounds to believe that you intend to resell the Products. If we cannot accept your Order we will contact you by email as soon as possible but in any case no later than 30 days from the date of your Order. If we cannot accept your Order because the Products are no longer available, or because of an error in the price and/or other information on our Site, we will refund you any money you may have already been charged for such Products.
Chargebacks
You agree to contact THE MOCKUPS prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through THE MOCKUPS, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
Our liability
Although we hope our Site will be of interest to users, we accept no liability and offer no warranties or conditions in relation to our Site or its content, to the fullest extent such liability can be excluded by law.
There is no limit to what we and the people who provide our services will be liable for if someone dies or is injured because of our negligence or because we have committed fraud.
Under no circumstances will we, the owner or operator of our Site, or any other organisation involved in creating, producing, maintaining or distributing our Site be liable, whether in contract, tort (including negligence), breach of a statutory duty, even if foreseeable, for any loss of: profits, sales, business, or revenue; business interruption; anticipated savings; business opportunity, goodwill or reputation; use of, or corruption to information; or information.
If we do not keep to these conditions, then we will only be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product or otherwise as a result of: use of, or inability to use, our Site; use of or reliance on any content displayed on our Site; any mistake, fault, failure to do something, missing information, or virus on our Site or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control; theft, destruction of information or someone getting access to our records, programs or services without our permission; or goods, products, services or information received through or advertised on any website which we link to from our Site.
Limitation of Liability
To the maximum extent permitted by law,
THE BRAND IDENTITY GROUP LTD accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
Nothing in these terms and conditions excludes or restricts
THE BRAND IDENTITY GROUP LTD’s liability for death or personal injury resulting from any negligence or fraud on the part of
THE BRAND IDENTITY GROUP LTD.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Notices
All notices / communications shall be given to us either by email to hello@mockups.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and THE BRAND IDENTITY GROUP LTD shall be governed by and construed in accordance with the Law of England and Wales and THE BRAND IDENTITY GROUP LTD and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
