Trendsite Limited Terms
Updated on August 30, 2021ACCEPTANCE OF TERMS
TO AGREE TO THESE TERMS, CLICK or SELECT "AGREE" IN YOUR ACCOUNT AND/OR SUBSCRPTION SET UP PROCESS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU ACKNOWLEDGE THAT BY USING THE SERVICE, YOU AGREE TO ABIDE BY THESE TERMS AND ARE THEREFORE BOUND BY THEM.
Terms & Conditions Trendsite Ltd
- THESE TERMS
1.1 What these terms cover. These are the terms and conditions under which we licence digital content to you. You agree to be bound by these terms and conditions.
1.2 Why you should read them. Please read these terms carefully before submitting your order to us. These terms explain who we are, tell you how we will give access to digital content, explain how you and we may amend or end the contract, tell you what to do if there is a problem and share other important information with you.
This document sets out our Terms and Conditions and constitutes a contract (the Ageement) between you (whether an individual or an organisation) (the Client) as specifically described on an official Trendsite order form (Order Form) and Trendsite Ltd, a company incorporated in England and Wales, registration number 12937544.
By signing this document, you warrant that: (1) you have read the Agreement, understand the terms contained therein and you hereby agree to engage with the Company under its terms; (2) you are not legally prohibited from entering into the Agreement; (3) you are authorised to enter into and accept the Agreement for yourself or for the entity specified in your subscription to our services. If you do not agree to these Terms, or do not have full power and authority to enter into this Agreement, do not use the Site or Services.
If you are entering into this Agreement on behalf of an educational institution, your Authorised Users are strictly limited to students, faculty and staff. No alumni may be granted access.
- OPENING AN ACCOUNT
- Your account
In order to use the Company's services and receive an access for using the Assets, you need to (i) open an account on the Site, (ii) provide us with your full, accurate details, and (iii) pay any applicable fees, except when accessing our free, publicly available content or when using a promotional password. You are forbidden from providing us with a non-existent email address or an email address which does not belong to you, impersonating another person or entity, or misleading us in any other way regarding your identity or your payment information.
You are required to protect the confidentiality and safety of the account details (username and password), and you bear full and exclusive liability for all activity on your account. You must inform us immediately of any unauthorized use of your account.
If you purchase a subscription for multiple users, you are required to provide us with full details of all the users covered by this subscription.
Accounts are intended for use by individuals and each individual must register for their own account. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs on your account. You agree to notify Trendsite Ltd immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by Trendsite Ltd or any other user of or visitor to the Site due to someone else using your user ID, password or account.
You may not use anyone else's user ID, password or account at any time.
Your account can be suspended or access to the Site blocked by Trendsite Ltd at any time, at its sole discretion and without prior notice for reasons including, but not limited to, failure to pay for services, violation of these Terms, compliance with law enforcement requests, copyright infringement, or issues pertaining to violation of third-party distribution terms and conditions.
2.2. Service features and content availability
You will only be able to access certain areas of the site if you have specifically subscribed to it or you may only be able to access certain areas for a limited time. Time limits, and your access requirements, must be specifically described in the Order Form.
Trendsite Ltd reserves the right to change content options (including eligibility for particular features) without notice.
3. SANCTIONED COUNTRIES
The Company is committed to complying with the sanctions, laws and regulations of the United Kingdom, United States and the EU. Accordingly, we will not trade with or provide any services to sanctioned countries or individuals/entities named on a sanctions list.
5. TERM, RENEWAL & TERMINATION
Upon termination of the Agreement for any reason whatsoever, the rights granted to you under these Terms will automatically expire, and you hereby undertake to immediately cease accessing, downloading and using any Assets.
Trendsite Ltd reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Trendsite Ltd will not be liable to you or to any third party.
TRENDSITE LTD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICE WILL PROVIDE SPECIFIC RESULTS. THE SERVICE, PRODUCTS AND CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL INFORMATION PROVIDED IS SUBJECT TO CHANGE WITHOUT NOTICE. TRENDSITE LTD CANNOT GUARANTEE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TRENDSITE LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND CONTENT. YOUR SOLE REMEDY AGAINST TRENDSITE LTD FOR DISSATISFACTION WITH THE SITE, OR ANY CONTENT, IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE CONTRACT BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, whether for breach of contract, tort, negligence or any other course of action.
Trendsite reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Service, or any portion of the Service, for any reason; (2) to modify or change the Service, or any portion of the Service, and any applicable policies or terms; and (3) to interrupt the operation of the Service, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
TRENDSITE LTD SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND TRENDSITE LTD HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
TRENDSITE LTD DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND TRENDSITE LTD DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR USE OF ANY PRODUCTS PURCHASED OR RENTED VIA SUBSCRIPTION FROM TRENDSITE LTD.
7. REFUND POLICY
You will only be entitled to receive a refund for any fees paid to us for your renewal if you cancel your future subscription period prior to the date of your current contact expiration and provided you did not download any Assets during such Period. You hereby understand and agree that you will not be entitled to any refunds if: (i) you do not ask the Company for a refund during the Refund Period; or (ii) you download any Asset from the Site during the Refund Period.
For the avoidance of doubt, if you are a not a subscriber but have either ordered an online trend session or a trial package, you will not be entitled to any refund.
8. INTELLECTUAL PROPERTY RIGHTS
All the information, design-files and content included in the Site and the services offered by the Company, inclusive without limitation of any text, illustrations, graphics, sound recording, photos, the Company's name, trademarks and logos, including without limitation those used on the Site, are protected by copyright and the intellectual property rights of the Company or of its experts ("Proprietary Content").
You are forbidden from using the Company's name, trademarks and logos, including without limitation those used on the Site.
You hereby acknowledge and confirm that you do not and will not have any ownership and/or intellectual property rights to the Proprietary Content/or the Files and/or the contents of the Site and/or the Site's trademarks and its design, and that your right is restricted to the limited rights granted to you in these Terms and in the Licence.
The Agreement authorises you to use the Site and the content strictly in accordance with the provisions of the Agreement and is conditional upon you undertaking not to violate or be involved in any activities that violate any terms of the Agreement, and specifically in activities which cause the violation of intellectual property rights.
You agree not to violate, circumvent or otherwise tamper with any of the security technology related to such use for any reason—or to attempt or assist another person to do so.
Use may be controlled and monitored by Trendsite Ltd for compliance purposes, and Trendsite Ltd reserves the right to enforce the use without notice to you. You shall not allow another person access or use of your Account for any purpose.
Violations of intellectual property rights, system or network security as well as may result in civil liability including a penalty of £150,000 for any content published except files from the Design-files library.
As far as the "Design Files Library' on our site are concerned, Trendsite Ltd hereby grants you a non-transferable, non-exclusive, limited licence to gather information for product design, product development, inspiration, research and manufacturing purposes, to view, download and print such Content, to create derivative works of pictorial items such as images, photographs, graphics, pictures, illustrations, and designs included within the Content and for use in your derivative work on or in your products.
Please note, in the case of subscribing educational institutions and their Authorised Users, your use is limited to non-commercial, educational use only.
Please also note that Trendsite Ltd revokes all warranties in relation to such Content including any warranties of title, merchantability, or fitness for any particular purpose, and the Client uses the Content at their own risk.
8.2. Objectionable material and content
You understand that by using the Service, you may encounter material that you may deem to be indecent, or objectionable. Nevertheless, you agree to use the Service at your sole risk and Trendsite Ltd shall have no liability to you for material that may be found to be indecent or objectionable. Product and Content descriptions are provided for convenience, and you agree that Trendsite Ltd does not guarantee their accuracy.
8.3. Intellectual property
You agree that the Service, including but not limited to products, graphics, user interface, audio clips, video clips, editorial content used to implement the Service, contain proprietary information and material that is owned by Trendsite Ltd and/or its experts, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement.
No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these Terms, such as files from the Design Library. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever.
Notwithstanding any other provision of this Agreement, Trendsite Ltd reserves the right to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of the Service at any time without notice.
All copyrights in and to the Service and related software are owned by Trendsite Ltd and/or its experts, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
As an Account holder of the Service, you may be provided with limited access to download certain content or bonus material, including all files from the Design File Library. Such access is provided as an accommodation only, and Trendsite Ltd does not warrant, and will not have any liability or responsibility for, such content or your use thereof. Access to this content is provided for personal, non-commercial use only. You agree that you will not use this content in any manner that would infringe or violate this Agreement or the rights of any other party, and that Trendsite Ltd is not in any way responsible for any such use by you. You agree to refrain from Use of any unauthorised Materials, Content or software you may have downloaded or have access to and to delete it from all devices.
You agree not to rent, lease, loan, sell, allow, or otherwise provide access to the Services to anyone other than Client and Authorised Users.
9. COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
We take copyright protection very seriously. If you believe that any content infringe your intellectual property or other rights, please contact us.
In the event of an alleged infringement of any right, you must submit a written notification to Trendsite Ltd.
This notification must contain:
- Enough information to allow Trendsite Ltd to contact the party raising the notification (e.g. address, telephone number and email address) so that we can contact them;
- An actual or electronic signature of any individual authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed;
- A clear description of the copyrighted work claimed to have been infringed, or, if the notification covers multiple copyrighted works, a clear list containing details of each item;
- Clear and sufficient information to allow Trendsite to identifying the material which it is alleged has been infringed and which should be removed or to which access should be disabled;
- A statement from the party raising the notification that it believes that the material mentioned in the notificiation is being used without proper authority and without the permission of the copyright owner or any agent acting on its behalf;
- A statement from the party raising the notification that they have provided accurate information and that they are authorised to act on behalf of the person or persons owning the exclusive right which has allegedly been infringed. Your notice may be invalid if you fail to provide the required information.
We try to use all reasonable methods to identify copyright from the owners of the photographs and images used in our reports. However, we do not obtain rights for those who buy our content to copy, reproduce or redistribute the images and photographs. All images, text and photographs, except files from the Design library, are provided purely for our Clients' internal use. If we are notified that any Assets infringe third party copyright or other rights, we may at our sole discretion remove such Assets from the Site or take other steps that we deem necessary, without any prior notification.
10. COMPANY'S RIGHTS IN CASE OF VIOLATION ON YOUR BEHALF
You hereby acknowledge that any unauthorised use by you and/or by anyone on your behalf of any of the Assets or the Site or in a manner deviating from the conditions of the Agreement, constitute a breach of the Agreement as well as a violation of copyright laws, and the Company and anyone on its behalf has the right to exercise all rights and remedies available to it by law in such a case. To the extent that the violation is perpetrated by a third-party using Assets that were downloaded by you or using your subscription (for example: your employees, contractors, clients), then you are responsible for such a violation, and you are required to take all possible action to cease the violation immediately.
The Company will be entitled, among other remedies, at its exclusive discretion and without any prior notice, to block your access to the Site and/or its services, temporarily or permanently, if you violate any applicable law and/or any terms of the Agreement, and you will have no claim or demand in this regard.
The Company reserves the right to disclose your personal information or information about your use of the Site inclusive of the content used therefrom without obtaining your permission, if such disclosure is necessary in order to: (1) obey legal requirements or comply with orders issued in a legal proceeding or by a competent authority by any law; (2) enforce the Agreement; or (3) protect the Company's or anyone else's rights in the event of a breach of the Agreement by you or anyone on your behalf.
11. EXEMPTION FROM LIABLITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE AND SERVICES PROVIDED BY THE COMPANY ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY. THE COMPANY WILL BEAR NO LIABILITY IN CASE ANY OF THE ASSETS IS NOT AVAILABLE ON THE SITE, FOR ANY REASON WHATSOEVER, DURING THE TERM OF THE AGREEMENT.
THE COMPANY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS OR AGENTS, WILL BEAR NO LIABILITY FOR ANY KIND OF DAMAGE IN CONNECTION WITH ANY CLAIM, LOSS OR DAMAGE ARISING UNDER OR OUT OF THIS AGREEMENT.
You hereby undertake to indemnify the Company, its employees, officers, directors, service providers and experts and anyone on their behalf for any argument, claim, damage, loss, loss of profit, payment or expense (inclusive of lawyer's fees and legal expenses) that might arise due to your use of the Company's Site, services and your breach of the provisions of the Agreement.
13. THIRD PARTY SERVICES
14. AMENDMENTS TO THESE TERMS
Trendsite Ltd reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
17.1. Payments, taxes, and refund policy
The company accepts these forms of payment: credit cards and bank transfers. When making purchases, your credit card is charged for the entire balance of the purchase.
When you submit your order form, you agree to pay to Trendsite Ltd the fee due for the specific service you describe in your order form. The fee is payable in advance and is non-refundable. All Trendsite invoices are payable on receipt, unless where other arrangements have been agreed in advance. You will not have access to any services until we have received your fee.
Regarding fees and taxes, you are responsible for paying any taxes due on your Order or any taxes that Trendside collects from you with regard to your Order. If you fail to pay such fees and taxes and these are later deemed to be due, Trendsite Ltd reserves the right to collect them from you at any time in the future.
As far as Trendsite subscription services are concerned, you hereby agree that on each anniversary of the commencement of your initial subscription, Trendsite Ltd can collect a fee which is 3% higher than the fee for the year just passed, or a fee increased by the Retail Price Index, whichever is the highest of these two, and that Trendsite does not need to notify you of this increase.
You agree that you will pay for all subscription products, and that Trendsite Ltd may charge your for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TRENDSITE LTD WITH A VALID INFORMATION FOR PAYMENT OF ALL FEES.
The price shown at the time of subscription purchase will be the price of the products only. Any applicable sales tax will be added to the price of the product; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase.
All sales of products are final.
Prices may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
If a product becomes unavailable following a transaction, your sole remedy is a refund.
Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS.
18. APPLICABLE LAW AND JURISDICTION
All relations between the Parties arising out of this Agreement or in connection therewith shall be governed by the laws of the United Kingdom of Great Britain and Northern Ireland in force.
The laws of the United Kingdom will exclusively apply to the Agreement, without giving effect to any rules or principles of conflict-of-law, and the jurisdiction to hear any issue resulting from or regarding the Agreement, directly or indirectly, will be given exclusively and uniquely to the London courts and no other court anywhere else.