Standard Terms & Conditions
Terms and conditions governing the use of https://nickylaatz.com
In this Agreement, unless inconsistent with or otherwise indicated by the context:
- "Agreement" means the agreement between Us and You consisting of the Sign Up, any Purchases (including subscriptions) You made from time to time and the Terms contained herein;
- "Client" means a person who wishes to procure products and or services from Us;
- "Purchase" means the payment for a Product or Service made by You;
- “Download” means the digital files the Purchase entitles You too, made available to You after payment is received in full online via a download link.
- "Nicky Laatz Creations", which for the purposes of any disclaimer includes its directors, shareholders, employees, subcontractors and/or successors-in-title;
- "Law" means common law, legislation, regulations and any subsidiary legislation prevailing from time to time in the United Kingdom;
- "Loss" means loss, liability, claims, costs, charges, damages and outgoings of every description (including legal costs and expenses), compensation payable under contracts, loss of normal operating profits, loss of opportunity, loss of goodwill, loss of revenue from related contracts and pure economic loss, tracing and collection charges, costs of investigation, interest and penalties, whether direct, indirect or consequential;
- "Parties" means the parties to this Agreement and “Party” means any one of them as the context may indicate;
- "Personal Information" means any information that identifies or relates specifically to a person, for example, name, contact information, address information and payment records;
- "Services" means the services set out in clause "THE PRODUCTS AND SERVICES" relating to purchases and subscriptions;
- "Sign Up" means the online registration and sign up page to be electronically completed by Applicants wishing to apply for services or purchase products on the Website;
- "Terms" means the terms and conditions contained in this document;
- "VAT" means Value-Added Tax;
- "We, Our or Us" means Nicky Laatz Creations, its successors-in-title or assignees;
- "Website" means https://nickylaatz.com, being the website at which the Services are applied and subscribed for and products are Purchased;
- "Working Day" means a day of the week other than a Saturday, Sunday or any other public holiday recognised as such by the government of the United Kingdom;
- "You, Your or Yourself" means the person or persons named in the Sign Up as the Client applying for an Account to Purchase Products and Services;
- Any reference to one gender shall be deemed to include the other and any reference to the singular shall include the plural.
- "Font Software" means The unique, original design of the font, which once compiled generates a typeface(s) and or typographic design(s) and packaged as either a Truetype format (TTF) or Opentype format (OTF). The Font Software includes, but is not limited to: Any media, printed materials, electronic documentation, updates, add-ons, artwork, web services and any other material that may be associated or distributed with the product now or in the future. The font software shall be extended to comprise of all bitmap and or outline representations of the typeface and or typographic designs.
- "Illustration" means an original artwork or design by Nicky Laatz packaged as either an Abode Illustrator (AI) file or an Adobe Photoshop (PSD) file, separately or bundled with other illustrations or Font Software;
- "FREEBIE" means products that are being promoted for a limited time period by discounting them down to $0 (100%) that are exclusively available to https://nickylaatz.com members.
THE PRODUCTS AND SERVICES
Nicky Laatz Creations advertises and sells original digital art creations by Nicky Laatz only. These creations are in the form of Fonts (Font Software), Digital Graphics or Illustrations and other digital tools used in the Graphic Design trade.
All products and services sold on Nicky Laatz Creations remain the property of Nicky Laatz and are subject to the Standard End User Licence Agreement (EULA), or in some cases an extended version of the EULA for a specific Product and or Service, which is made available on the Product or Service page.
Preview illustrations do not form part of the product or service You are purchasing, unless explicitly marked as such and included in the Download. Product previews including stock photography, illustrations and or artwork are Copyright Nicky Laatz and subject to "COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS" in this agreement.
SIGN UP PROCESS
The Sign Up process is as follows:
- To subscribe for the Service(s) and purchase Product(s), You must complete the Sign Up.
- The Name and Surname you signup with will be the legal licensee to whom we license any Freebie or paid for product. The name and surname should be the name on your Passport or national Identification document.
- The email address You signup with must be valid and belong to you. Your nominated email address will be Your username and will be how we communicate with you and send you your proof of purchase and invoices.
- By completing the Sign Up; Subscribing for the Service(s); and or purchasing Product(s), You agree to be bound by the Terms set out herein.
- On receipt of Your completed and electronically signed Sign Up, Nicky Laatz Creations will in its sole discretion take such steps as it deems necessary, to evaluate Your Application and to verify whether, in completing the Sign Up, You have provided Nicky Laatz Creations with complete and accurate information about Yourself. You will receive an email with a link, which once clicked, will confirm your email and activate Your account.
- Nicky Laatz Creations reserves the right to disable and or refuse any account deemed to be misrepresented or fraudulent.
The Order process is as follows:
- You will log into Your user profile on Our Website;
- Choose the Product or Service you wish to Purchase;
- A quotation will be produced illustrating the payment that will be requested via Paypal;
- Optionally fill out your billing address which will be present on your invoice;
- Accept the quote by clicking "Checkout with Paypal";
- Follow the payment steps via Paypal to complete Your Purchase:
- Should Your: Payment succeed and the order not be created, You are redirected to our Payment Error page and a ticket is automatically created to resolve the matter and will enjoy the highest priority subject to Customer Support (2) and (6). Upon resolution, we will send you an email with your download information.
- Should Your: Payment be declined, You are redirected to our Payment Error page and a ticket is automatically created to investigate the matter subject to Customer Support (2) and (6). Once the cause of the decline has been determined We will send You an email with the details for your records.
- After the Purchase process has completed successfully Nicky Laatz Creations will transmit the information relevant to the Purchase to You digitally and make available a link to the Download via the Order Summary page, which contains your Download and Invoice links.
Refunds on digital products delivered by immediate download is complex and is considered on a case by case basis and is at the sole discretion of Nicky Laatz, Nicky Laatz Creations or authorised agents.
If you have purchased digital Product(s) and or Services(s) from the Website, it is unlikely that a refund will be granted if the request is received more than 2 days after the Purchase date (See Cooling Off Period below).
All refunds require that You have an account in good standing and are able to login to Your account. All refund correspondence must be via your registered email address OR once signed in, the contact us page. Emails received from a different email account or General Enquiry Tickets (i.e. contacting us while not signed in) will not be considered as valid refund requests and will be dismissed as invalid.
The refund process is as follows:
- Refunds are currently only available online via the Website for Products bought on https://nickylaatz.com and paid for using the online Paypal Service;
- We cannot refund products bought via other Official Retailers at https://nickylaatz.com, You will therefore need to follow the refund process with the applicable retailer in accordance with their terms and conditions. If this process fails and you still require assistance, please send us your proof of purchase and all communications with the Retailer to email@example.com from your registered email address and, if possible, we will try to assist;
- You will need to have an account in good standing and log into Your user profile on the Website, https://nickylaatz.com;
- Request the refund in Your Account (if available) by selecting the order you wish to refund and clicking "Refund" OR by creating a Ticket and in either case document your reasons clearly, with examples where necessary;
- This is a manual process and is at the sole discretion of Nicky Laatz Creations, and maybe either granted or denied after investigating the reason for the refund.
- The refund process applies to Paypal payments only. For any other transactions, please send support an email from your registered email address or contact us.
- The refund will take between 5 to 10 Business Days to process, but may take longer during busy periods.
- Should the refund be granted and upon Nicky Laatz Creations finalizing the payment and being in receipt of the processor reference:
- Nicky Laatz Creations will send You a confirmation email with the processor reference, confirming the refund having been granted and paid.
- The rights and license granted to You by the Purchase are terminated upon receipt of the funds or the confirmation email, which ever comes first.
- The downloaded Font Software and all products created using the Font Software must be purged immediately, including all backups.
- All future use of the Font Software and or sales of products created using the Font Software are prohibited upon receipt of the funds or the confirmation email, which ever comes first.
- Should the refund not be granted You will be notified by email of the decision and our reason(s) within 5 to 10 business days. The decision is final and no further correspondence will be entered into.
CONCLUSION OF THE TRANSACTION
- The advertising of Product(s) and Service(s) via the Website merely constitutes an invitation by Nicky Laatz Creations for you to subscribe or Purchase the Product(s) and or Service(s). Nicky Laatz Creations reserves the right not to accept and/or comply with the Order for any reason whatsoever on notice to You. Should Nicky Laatz Creations accept your Order, we will, as soon as is reasonably possible thereafter, provide You with a download link to the Product and or Service you Purchased.
- You hereby confirm and agree that the transaction between Yourself and Nicky Laatz Creations will be deemed to have been concluded at the place and the time when Nicky Laatz Creations transmits the Download information to You.
- You waive any rights You may have or obtain against Nicky Laatz Creations arising directly or indirectly from any Loss of whatsoever nature which you may suffer as a result of the fact that Nicky Laatz Creations was, for whatever reason, not able to transmit the information to you. Nicky Laatz Creations remains committed to ensuring that the Purchased download is available at all times via Your account page and will endeavour to resolve any such technical issues within a reasonable time frame.
COOLING OFF PERIOD
No cooling-off period applies in respect of any Digital Product(s) and or Service(s) ordered via the Website, as the information ordered and delivered to You digitally by Nicky Laatz Creations cannot, by its nature, be returned. Notwithstanding the provisions of this clause, You may cancel the Order prior to delivery.
- Digital Product(s) and Service(s): The Service(s) will be delivered digitally as soon as is reasonably possible after Nicky Laatz Creations accepts Your Order and the Payment process has successfully completed.
- All other products: Physical products are shipped subject to our Shipping Terms and Conditions.
PRICE AND PAYMENT
- You agree to pay Nicky Laatz Creations the fees stipulated on the Website as the price for the Product(s) and or Service(s) ordered.
- All prices advertised and quoted on the website are in USD (United States Dollar). Currency conversion into your currency is handled by our Payment Service Provider, Paypal.
- All prices advertised are exclusive of VAT unless otherwise stated at checkout. Should VAT be charged, You will be charged VAT based on the country Your IP address is hosted in at the time of the purchase and the VAT rate as published by said country at the time of the purchase. On check out a quotation will be produced illustrating the breakdown of the purchase before being redirected to make payment.
- You will be required to make payment via PayPal for the Product(s) and or Service(s) required. This will require that You either have a Paypal account or create a new PayPal account at checkout and link Your bank payment card to Your PayPal account to successfully complete a Purchase. A guest checkout option is made available by Paypal, which allows you to pay by Card without creating a Paypal account.
- Nicky Laatz Creations takes no responsibility for Your Paypal account and You should never give out your payment card details or Paypal account details to any Nicky Laatz Creations staff.
- Should you wish to pay by bank transfer (BACS), please contact us to make these arrangements. This process will not be immediate and Products and Services will only be made available to You once We have receipted the funds into out Bank Account.
- Nicky Laatz Creations utilises a payment system that is sufficiently secure with reference to accepted technological standards as at the date of these Terms given the type of transaction to be concluded between You and Nicky Laatz Creations.
- The Product(s) and or Service(s) will only be provided to You, once payment has been successfully made to Nicky Laatz Creations.
- If You have subscribed to receive Product(s) and Service(s), You have signed up to a recurring monthly payment and authorise Nicky Laatz Creations to instruct Paypal to debit the subscription amount monthly, for the duration you wish to be a subscriber of Nicky Laatz Creations.
- Subscriptions run indefinitely from the date of Your Sign Up or request via the Website to Subscribe.
- Subscriptions are managed by Paypal and you can control these payments via your Paypal Account.
- You will be responsible for cancelling your subscription, through Nicky Laatz Creations AND by cancelling the authority directly with Paypal. You can do this by logging into your Paypal account.
- Upon Cancellation
- Your account will be changed back to a "FREE" user account.
- You will no longer have access to items that you downloaded for Free in the "GOODIEBOX" during your subscription period.
- All licenses granted to You via the subscription service for all "GOODIEBOX" items will be cancelled.
- You will still retain all licenses granted to you from Purchased items during your subscription.
FREEBIES are products being promoted for a limited time period by discounting them down to $0 (100%).
FREEBIE's are made available from time to time at the sole discretion of Nicky Laatz under the following terms and conditions:
- You must be a member of https://nickylaatz.com in good standing and have logged in during the promotion to enjoy the benefit of FREEBIE products. No discussions will be entered into.
- New or existing Products may be listed as FREEBIE products. This does not imply that they have zero value, it means they are discounted exclusively for https://nickylaatz.com users for a time period determined by Nicky Laatz. FREEBIE products are Nicky Laatz licensed products bound by their applicable EULA as listed on the invoice.
- The duration for which they are listed as FREEBIE products is not fixed or guaranteed.
- The frequency of FREEBIE products being listed is not fixed or guaranteed.
- Transferring of FREEBIE products is strictly prohibited.
- Should you elect to close your account, you will forfeit licenses to all Freebie products.
- FREEBIE products are free for personal use. Illustrations (including graphics, artwork and SVGs) are limited to 200 prints for commercial use. Fonts usage is determined by their EULA.
- FREEBIE products do not form part of our support offering. While we will always do our best to support our users, it will be on a best effort basis.
- While we will endeavor to notify users of new FREEBIE products, the delivery of FREEBIE product announcements via email or social media platforms is not guaranteed. Please visit https://nickylaatz.com often to ensure you don't miss out.
COMMUNICATIONS FROM Nicky Laatz Creations TO YOU
By placing an Order for Product(s) and or Service(s), You agree that Nicky Laatz Creations may provide the Product(s) and or Service(s) You ordered in the form of a Digital Download Link, via the Website. The Product or Service download will be delivered via your Account. You will require access to the Website and will need to be logged into Your Account to receive the download.
- From time to time, Nicky Laatz Creations may introduce special offers or promotions. These may be subject to separate terms which We will publish on Our Website at the time.
- You will have advised Us in the Sign Up whether You would like to receive such information regarding special offers and promotions.
CUSTOMER SUPPORT, SYSTEM COMPLAINTS AND DISPUTE RESOLUTION
- In the event of a dispute or a complaint, You should first refer the matter to Us. A dispute can be lodged with Us via email to firstname.lastname@example.org, with brief details of Your dispute or complaint subject to (6) and (7) below.
- Our Customer service staff will:
- Acknowledge your complaint and/or dispute by email within 24 hours during Working Days; and
- Attempt to resolve your query within 2 - 5 Working Days, however this may not always be possible.
- We will try to sort out Your complaint and/or dispute quickly once You have contacted Us. If We cannot do this, We will tell You about the procedures We have for sorting out complaints and/or disputes. These procedures are set out below. If We need to investigate Your complaint and/or dispute further to respond fully, We will tell You and keep You regularly updated.
- If We are not able to resolve Your dispute or complaint, the matter may be referred to independent conciliation, mediation or arbitration.
- If You are not satisfied with the resolution/conclusion received arising from this process, You are invited to take the matter further and contact the applicable regulatory or dispute resolution body.
- Our support centre is open to deal with your queries from 9am to 4:00pm (UK Time) during normal UK Working Days. We may elect to respond to existing queries outside of these hours during busy periods at our sole discretion.
- Queries logged outside of the support centres specified working hours will be responded to during normal working days and subject to the response window as described in (2) above and our operating hours in (6) above.
- Should you have a support query, you can send Us an email to email@example.com from Your registered email address or sign in to https://nickylaatz.com and fill out the contact us form.
- Support queries that do not originate from either (1) a logged in Client or (2) an email address registered through the Sign Up of a Client in good standing will be classified as 'general' and will not form part of our support service and therefore will not enjoy the benefits of priority or the response window as defined in (2) above.
- Nicky Laatz Creations reserves the right to not respond to 'general' support queries during busy periods and will do so on a case by case basis at Our sole discretion.
- Products bought from our Official Retailers. In order to qualify for support you will need to:
- Register and activate your account on https://nickylaatz.com
- Send us your proof of purchase by email to firstname.lastname@example.org
- Login to your account and contact us via the Contact Us page to create a support ticket.
- Viewing our site:
- Browser Compatibility: The Website is best viewed in the latest version of Google Chrome, which is free and can be downloaded here. Due to limited resources we do not guarantee the proper functioning of the Website on any other browsers.
- Mobile Compatibility: While We do make an effort to support all mobile view ports, due to limited resources we do not guarantee the proper functioning of the Website on all mobile devices and view ports.
- Bandwidth or Internet connection Speed: The Website is best viewed at an average connection speed of >=15mb due to serving high resolution images. The higher your internet connection the faster the high resolution images download. We test our site on a 5mb line using a 4k monitor, which is slower when rendering the larger product images, but with a bit of patience it works just as well :)
- Downloads: Some of the product downloads are very large (some in excess of 500mb) in most cases due to high resolution images and while we do our best to serve these downloads, during busy times, large download files on slow connections may time out. Your download is available to You at any time via Your Account, however we advise the use of a download manager for all downloads from the Website. Google Chrome has a few freely available download managers in the Chrome Web Store. We do not recommend or certify a specific download manager, these are personal choices and installed at Your own discretion.
- Image Resolution: Because We value precision and detail, our site tries to determine if you do too! If you have a 4k display our site will serve our images at their highest resolution, otherwise they are down scaled to 50% for non 4k displays. This may have an impact on the Website performance if you are using a 4k display on a slow internet connection as the images served are large high resolution images.
- Freebie Friday: Please note that on Freebie Fridays (In GMT: Late Thursday Evenings (Australia) to Late Friday Evenings (USA)) our server tends to go through busy periods, which we love, but it also means that large downloads may be difficult to complete without a download manager that can pause and resume downloads. Therefore if a download times out or does not complete on Freebie Friday, please try again at a different time on Friday or on Saturday.
CONSUMER PROTECTION INFORMATION
Your attention is drawn to the following:
- Full name and legal status : Nicky Laatz Creations Ltd. A UK Company registered in England and Wales (No.111 997 41). ® 2018. 106 Kenwyn Street, Truro TR1 3BX.
- Postal Address :
- PO Box 172
- United Kingdom
- Website address : https://nickylaatz.com;
- e-mail address : email@example.com.
- Manner of payment : All payment transactions are made via PayPal. Nicky Laatz Creations does not process payments, nor does Nicky Laatz Creations store payment card information.
USE OF INFORMATION
- You agree that You will not distribute, electronically transmit or display any materials on any Nicky Laatz Creations server or via a Nicky Laatz Creations internet connection which may:
- violate any domestic or foreign laws or regulations;
- infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Nicky Laatz Creations or any third party;
- be defamatory, slanderous or trade libellous;
- be threatening or harassing;
- be discriminatory based on gender, race, age or promotes hate
- violate any Nicky Laatz Creations policy posted on the Nicky Laatz Creations Site including, but not limited to, our Terms.
- contain viruses or other computer programming defects which result in damage to Nicky Laatz Creations or any third party.
- Any breach of the provisions of 1 shall be a material breach of this Agreement and You hereby indemnify Nicky Laatz Creations to the extent of any Loss suffered and/or incurred as a result of such breach.
- You shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. For more information on spam please consult the ECT.
- The Parties agree that in no event shall Nicky Laatz Creations be liable to any third party for Your breach or alleged breach of any of the Terms. You agree to defend, indemnify and hold harmless Nicky Laatz Creations from any and all Loss resulting from any such breach or alleged breach of Your obligations in terms of the Terms.
- You agree that although Nicky Laatz Creations tries to ensure full operation of all Services at all times, should any failure (hardware, software, or system breach) occur leading to Loss of Your data, Nicky Laatz Creations will not be held liable for such Loss.
RIGHTS OF Nicky Laatz Creations
- Nicky Laatz Creations reserves the right to refuse Services to anyone. Nicky Laatz Creations, in its sole discretion, may immediately terminate this Agreement if the Subscriber is in breach of the Terms.
- This Agreement, Nicky Laatz Creations policies, website, web service, database, pricing, documentation are subject to change by Nicky Laatz Creations without notice. Continued usage of the Services after a change to this Agreement by Nicky Laatz Creations or after a new policy is implemented and posted on Nicky Laatz Creations website constitutes Your acceptance of such change or policy. We encourage You to regularly check the website, for any changes. This document is made publicly available via https://nickylaatz.com/terms.
- You understand and agree that Nicky Laatz Creations does not review, or purport to review, any submitted content and it reserves the right to remove any content from the Website that it deems in its sole discretion to be harmful in any way. Nicky Laatz Creations reserves the right to suspend or terminate Your access to all or parts of the site, without any further notice to You.
- We are in possession of information that identifies You (Your “Personal Information”) and You agree that We can use Your Personal Information to :
- verify Your identity and accuracy and completeness of the information You provide to Us;
- open, administer and service this Agreement;
- statistical analysis;
- to develop and improve our Services;
- update Your records;
- to identify which of Our, or other Services might interest You.
- You hereby agree that We may use Your Personal Information to:
- any other purpose agreed to by You in the Sign Up.
- to financial institutions or payment distribution agencies for purposes of payment processing;
- report suspicious activities or information to the relevant authorities, including but not limited to the United Kingdom Police Service, private investigation companies and the United Kingdom Fraud Prevention Services.
- We and other organisations may access and use from other countries the information recorded by fraud prevention agencies.
- Your Personal Information may also be used for other purposes for which You give your permission or, in very limited circumstances, when required by any relevant Law.
- Where We have received Your express, written consent to do so, We may sell Your Personal Information to third party entities.
All Your information is stored securely by Nicky Laatz Creations and is used to provide You with the Services, in the collection of fees for Services rendered and communication between Nicky Laatz Creations and You. While Nicky Laatz Creations employs safety measures when interfacing with its customers, suppliers and other partners, You should be aware that there is an inherent risk in transmitting any data electronically. This risk is inherent in all internet dealings and You agree to defend, indemnify and hold harmless Nicky Laatz Creations from any Loss resulting from any external parties obtaining Your stored information due to systems failure or otherwise.
CHANGE IN CIRCUMSTANCES
You must notify Us as soon as possible of any changes to Your personal details or financial circumstances in light of the information provided by You in the Sign Up. A failure to do this will be a breach of this Agreement for purposes of clause 25.
CHANGES REQUIRED BY LAW
- If there is any change to a Law that requires Us to conduct Our business of providing Services differently from that contemplated under this Agreement, We will be entitled to make such changes to this Agreement as we are required to comply with the Law. We will give You appropriate written notice of such changes via an announcement on Our Website.
- We have in the drafting of this Agreement used Our best endeavours in order to comply with applicable Laws. To the extent that this Agreement may require further amendment in order to comply with new laws or amendments, by Your signature hereto You agree to such amendment which will be set out in a Schedule to these Terms to the extent applicable.
- The aforesaid amendments will be effected from the date of notice of amendment.
SUBSTITUTION OF PARTIES
You hereby acknowledge and agree that Nicky Laatz Creations will be entitled, without restriction and in its sole and absolute discretion to replace Nicky Laatz Creations as service provider with any subsidiary company or associate company (present or future), provided that such replacement service provider shall upon such replacement acquire all the rights and assume all the obligations of Nicky Laatz Creations in terms of this Agreement.
By Your digital signature hereto You agree that:
- Nicky Laatz Creations may (or any person to whom its rights are ceded and/or its obligations are delegated) without notice to You, cede any or all of its rights and/or delegate its obligations under this Agreement either absolutely or as security to any other person or persons and on any such cession and/or delegation taking place, You shall, if so required by any cessionary, make all payments direct to such cessionary.
- Nicky Laatz Creations may disclose any information, including documents, which it holds about You, to any third party to facilitate the rights referred to in clause PERSONAL INFORMATION(2.5).
- You may not cede or encumber any of Your rights nor delegate any of Your obligations under this Agreement without Nicky Laatz Creations’s prior written consent.
LEGAL ADDRESS – CONTACT DETAILS
- You agree that any notices and statements given to You in relation to this Agreement can be delivered or served to the email address supplied by You at Sign Up.
- We may in our sole and absolute discretion also deliver or serve any notice or demand on You personally, or send it by prepaid envelope addressed to You at Your last known address. You may deliver or serve any written notices on Us by email to firstname.lastname@example.org.
- You may change Your contact details by delivering to Nicky Laatz Creations notice of the new contact details by email to email@example.com, or by editing these details in Your ‘account’ section of the Website.
- You agree that notwithstanding anything to the contrary herein contained, a written notice of communication actually received by You will be adequate written notice or communication to You notwithstanding that it was not sent or delivered to Your chosen address.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
- Copyright and all intellectual property rights in all products, services, materials, texts, drawings, Font Software and data made available on the Website (collectively "the materials") are owned by Nicky Laatz Creations, alternatively Nicky Laatz Creations is the lawful user thereof, and are protected by both United Kingdom and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that You may use the materials or any component thereof for the purposes of ordering Product(s) and or Service(s) from Nicky Laatz Creations. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this Website are registered and unregistered trademarks of Nicky Laatz Creations. Nothing contained on this Website should be construed as granting any licence or right to use any trademark without the prior written permission of Nicky Laatz Creations.
- Products and Services for sale on Nicky Laatz Creations are sold subject to their own Terms and Conditions as defined by their End User License Agreement (EULA), available on the Website.
- The Product or Service EULA is an extension of the Terms as defined in this agreement.
GOVERNING LAW AND JURISDICTION
- This Agreement shall be governed by the Laws of the United Kingdom.
- Nicky Laatz Creations will be entitled, but not obliged to institute any proceedings arising out of or in connection herewith in the appropriate Magistrates Court (or High Court where necessary) with jurisdiction.
Should any Party fail to comply with the obligations under this Agreement and persist in such failure for a period of 7 (seven) days after date of receipt of written notice requiring that Party to perform the obligation in question, the aggrieved Party shall be entitled, in addition to and without prejudice to any other rights available at Law, to claim specific performance or to cancel this Agreement and in both cases to recover such damages as the aggrieved Party may be able to prove that it has sustained.
CERTIFICATE OF INDEBTEDNESS
A certificate signed by one of Our duly authorised managers, whose authority need not be proved, as to the amount owing by You to Us at any time, as to the fact that such amount is due and payable, the amount of interest accrued and payable thereon and as to any other fact, matter or thing relating to Your indebtedness to Us shall be proof (on the face of it), and unless disputed by You, of the facts therein stated and of the amount of Your indebtedness for the purpose of provisional sentence or summary judgment or any other proceedings against You in any competent court, and shall be valid as a liquid document for such purposes. Such certificate shall be deemed to be of sufficient particularity for purposes of pleading or trial in any action or other proceeding instituted by Us against You.
Should Nicky Laatz Creations be prevented from fulfilling any of its obligations to You as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Nicky Laatz Creations is so prevented from fulfilling them and Your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then Nicky Laatz Creations shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these Terms by giving notice to You. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
DISCLAIMER OF WARRANTIES
The Website, Services, file manager, member content URL'S and/or any other Services offered on the Website, are provided to You on an "as is" and "as available" basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable Law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose), in particular, but not as a limitation thereof, Nicky Laatz Creations makes no warranty that the Website, Services, file manager, member content URLs and/or any other Services offered on the Website:
- will meet Your requirements;
- will be uninterrupted, timely, secure or error-free or that defects will be corrected;
- will be free of viruses or other harmful components;
- will have security methods employed that will be sufficient against interference with Your enjoyment of the Website, or against infringement; and/or
- will be accurate or reliable; and/or
- the Website, Services, file manager, member content URLs and/or any other Services offered on the Website may contain bugs, errors, problems or other limitations. Nicky Laatz Creations will not be liable for the availability of the underlying internet connection associated with the Website, Services, file manager and/or member content URLs. No advice or information, whether oral or written, obtained by you from Nicky Laatz Creations or otherwise through or from the Website shall create any warranty not expressly stated in the Agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that Nicky Laatz Creations (or https://nickylaatz.com) shall not be liable to You or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nicky Laatz Creations [or https://nickylaatz.com] has been advised of the possibility of such damages), to the fullest extent permissible by Law for:
- the use or the inability to use the Website, Services, file manager, member content urls and/or any other Services offered on the Website;
- the cost of procurement of substitute Services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Website;
- the unauthorized access to, or alteration of, your registration data;
- any other matter relating to the Website, Services, file manager, member content URLs and/or any other products and/or services offered on the Website; and
- this limitation applies to all causes of action (other than gross negligence or fraud), in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation. You hereby release Nicky Laatz Creations from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable Law does not permit such limitation, the maximum liability of Nicky Laatz Creations to You under any and all circumstances will be the valued Services to which the claim relates).
- All references to Nicky Laatz Creations include its lawful successors and permitted assigns. You must inform Nicky Laatz Creations if You are at any time placed under administration order, debt review, sequestration or any other form of insolvency and failure to do so is a material breach.
- These Terms are the full complete agreement between You and Nicky Laatz Creations in respect of the granting of the Products and Services and there are no additional unspoken or implied Terms and no variation, amendment, extension of time, waiver or rights, relaxation or termination of any provisions contained in this Agreement will in any way be of force or constitute a basis to rely on an estoppel unless agreed to in writing by the Parties.
- In the event of any one or more of the provisions of this Agreement being unenforceable then such provisions shall be severed from the remaining provisions of this Agreement which shall in no way be affected and shall remain in full force and effect.
- No indulgence which We may grant to You shall constitute a waiver or novation of any of Our past or future rights and We shall not thereby be precluded from exercising any rights against You which may have arisen in the past or which might arise in the future.
- https://nickylaatz.com makes no representations and gives no warranties and/or guarantees of whatever nature, whether express, implied in Law, or residual, in respect of these Terms, the Service(s) and/or the accuracy or correctness of the information delivered to You or any part thereof.
By signing this Agreement, You:
- accept all of the terms and conditions of the Agreement;
- agree to be bound by all of the declarations and Terms contained in the Agreement and those contained in the Sign Up;
- acknowledge that We are relying on the information that You have given Us;
- unconditionally absolve and indemnify Us from and against any Loss, damage, costs or expenses which either We or You may sustain or incur, either directly or indirectly as a result of Our relying on and using the banking details and or any information supplied to it by You or on Your behalf, in order to pay the proceeds or collect amounts owing in respect of the Agreement;
- agree that We will not be liable in respect of any errors or omissions from any particulars given to Us by You or on Your behalf;
Standard Terms & Conditions | v 1.3.1
Nicky Laatz Creations Ltd. A UK Company registered in England and Wales (No.111 997 41). ® 2018. 106 Kenwyn Street, Truro TR1 3BX.