www.workdraftstudio.com
TERMS
& CONDITIONS
www.workdraftstudio.com
Terms
and Conditions of www.workdraftstudio.com
These Terms govern
· the use of this Application, and,
· any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant
dedicated section of this document.
The User must read this document carefully.
This Application is provided by:
WorkDraft Studio Limited
346a Farnham Road, Slough, SL2 1BT, United Kingdom
Owner contact email: info@workdraftstudio.com
What the User should know at a
glance
· Please note
that some provisions in these Terms may only apply to certain categories of
Users. In particular, certain provisions may only apply to Consumers or to
those Users that do not qualify as Consumers. Such limitations are always
explicitly mentioned within each affected clause. In the absence of any such
mention, clauses apply to all Users.
· The right
of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section
apply generally when using this Application.
Single or additional conditions of use or access may apply in specific scenarios
and in such cases are additionally indicated within this document.
By using this Application, Users confirm to meet the following
requirements:
· There are
no restrictions for Users in terms of being Consumers or Business Users;
Content on
this Application
Unless where otherwise specified or clearly recognisable, all content
available on this Application is owned or provided by the Owner or its
licensors.
The Owner undertakes its utmost effort to ensure that the content
provided on this Application infringes no applicable legal provisions or
third-party rights. However, it may not always be possible to achieve such a
result.
In such cases, without prejudice to any legal prerogatives of Users to enforce
their rights, Users are kindly asked to preferably report related complaints
using the contact details provided in this document.
Rights regarding content on this Application - All
rights reserved
The Owner holds and reserves all intellectual property rights for any
such content.
Users may not, therefore, use such content in any way that is not
necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy, download,
share (beyond the limits set forth below), modify, translate, transform,
publish, transmit, sell, sublicence, edit, transfer/assign to third parties or
create derivative works from the content available on this Application, nor
allow any third party to do so through the User or their device, even without
the User's knowledge.
Where explicitly stated on this Application, the User may download, copy
and/or share some content available through this Application for its sole
personal and non-commercial use and provided that the copyright attributions
and all the other attributions requested by the Owner are correctly
implemented.
Any applicable statutory limitation or exception to copyright shall stay
unaffected.
Access to
external resources
Through this Application Users may have access to external resources
provided by third parties. Users acknowledge and accept that the Owner has no
control over such resources and is therefore not responsible for their content
and availability.
Conditions applicable to any resources provided by third parties,
including those applicable to any possible grant of rights in content, result
from each such third parties’ terms and conditions or, in the absence of those,
applicable statutory law.
Acceptable
use
This Application and the Service may only be used within the scope of
what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this
Application and/or the Service violates no applicable law, regulations or
third-party rights.
Therefore, the Owner reserves the right to take any appropriate
measure to protect its legitimate interests including by denying Users access
to this Application or the Service, terminating contracts, reporting any
misconduct performed through this Application or the Service to the competent
authorities – such as judicial or administrative authorities - whenever Users
engage or are suspected to engage in any of the following activities:
· violate
laws, regulations and/or these Terms;
· infringe
any third-party rights;
· considerably
impair the Owner’s legitimate interests;
· offend the
Owner or any third party.
TERMS AND CONDITIONS OF SALE
Provision
of personal data
To access or receive some of the Products provided via this Application
as part of the Service, Users may be required to provide their personal data as
indicated on this Application.
Paid
Products
Some of the Products provided on this Application, as part of the
Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such
Products are described below and in the dedicated sections of this Application.
Product
description
Prices, descriptions or availability of Products are outlined in the
respective sections of this Application and are subject to change without
notice.
While Products on this Application are presented with the greatest
accuracy technically possible, representation on this Application through any
means (including, as the case may be, graphic material, images, colours,
sounds) is for reference only and implies no warranty as to the characteristics
of the purchased Product.
The characteristics of the chosen Product will be outlined during the
purchasing process.
Purchasing
process
Any steps taken from choosing a Product to order submission form part of
the purchasing process.
The purchasing process includes these steps:
· Users must
choose the desired Product and verify their purchase selection.
· After
having reviewed the information displayed in the purchase selection, Users may
place the order by submitting it.
Order
submission
When the User submits an order, the following applies:
· The
submission of an order determines contract conclusion and therefore creates for
the User the obligation to pay the price, taxes and possible further fees and
expenses, as specified on the order page.
· In case the
purchased Product requires an action from the User, such as the provision of
personal information or data, specifications or special wishes, the order
submission creates an obligation for the User to cooperate accordingly.
· Upon
submission of the order, Users will receive a receipt confirming that the order
has been received.
All notifications related to the described purchasing process shall be
sent to the email address provided by the User for such purposes.
Methods of
payment
Information related to accepted payment methods is made available during
the purchasing process.
Some payment methods may only be available subject to additional
conditions or fees. In such cases related information can be found in the
dedicated section of this Application.
Retention
of usage rights
Users do not acquire any rights to use the purchased Product until the
total purchase price is received by the Owner.
Contractual
right of cancellation
The Owner grants Users a contractual right to cancel the purchase under
the terms and conditions described in the relevant section of this Application
within 30 days of concluding the contract.
Delivery
Performance of services
The purchased service shall be performed or made available within the
timeframe specified on this Application or as communicated before the order
submission.
User rights
Right of
withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the
contract within the period specified below (generally 14 days), for any reason
and without justification. Users can learn more about the withdrawal conditions
within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are
European Consumers are granted a statutory withdrawal right under EU rules, to
withdraw from contracts entered into online (distance contracts) within the
specified period applicable to their case, for any reason and without
justification.
Users that do not fit this qualification, cannot benefit from the rights
described in this section. The Consumer shall only be liable to the Seller for
any diminution in the value of the goods resulting from handling the goods in a
manner other than that necessary to acquaint him with the nature,
characteristics and functionality of the goods.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an
unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from
within the “definitions” section of this document. Users are, however, free to
express their intention to withdraw from the contract by making an unequivocal
statement in any other suitable way. In order to meet the deadline within which
they can exercise such right, Users must send the withdrawal notice before the
withdrawal period expires.
When does the withdrawal period expire?
· Regarding
the purchase of a service, the withdrawal period expires 14 days after the
day that the contract is entered into, unless the User has waived the
withdrawal right.
· In case of
purchase of a digital content not supplied in a tangible medium, the
withdrawal period expires 14 days after the day that the contract is entered
into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the
Owner for all payments made to the Owner, including, if any, those covering the
costs of delivery.
However, any additional costs resulting from the choice of a particular
delivery method other than the least expensive type of standard delivery
offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event,
no later than 14 days from the day on which the Owner is informed of the User’s
decision to withdraw from the contract. Unless otherwise agreed with the User,
reimbursements will be made using the same means of payment as used to process
the initial transaction. In any event, the User shall not incur any costs or
fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of withdrawal after having requested
that the service be performed before the withdrawal period expires, the User
shall pay to the Owner an amount which is in proportion to the part of service
provided.
Such payment shall be calculated based on the fee contractually agreed
upon, and be proportional to the part of service provided until the time the
User withdraws, compared with the full coverage of the contract.
UK User
rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom
have a legal right of cancellation under UK law and may be eligible to withdraw
from contracts made online (distance contracts) within the period specified
below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights
described in this section. Users can learn more about the cancellation
conditions within this section.
Exercising the right to cancel
To exercise their right to cancel, Users must send to the Owner an
unequivocal statement of their intention to withdraw from the contract. To this
end, Users may use the model withdrawal form available from within the
“definitions” section of this document. Users are, however, free to express
their intention to withdraw from the contract by making an unequivocal
statement in any other suitable way. In order to meet the deadline within which
they can exercise such right, Users must send the withdrawal notice before the
cancellation period expires. When does the cancellation period expire?
· Regarding
the purchase of a service, the cancellation period expires 14 days after the
day that the contract is entered into, unless the User has waived the right to
cancel.
· In case of
purchase of a digital content not supplied in a tangible medium, the
cancellation period expires 14 days after the day that the contract is entered
into, unless the User has waived the right to cancel.
Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by the
Owner for all payments made to the Owner, including, if any, those covering the
costs of delivery.
However, any additional costs resulting from the choice of a particular
delivery method other than the least expensive type of standard delivery
offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event,
no later than 14 days from the day on which the Owner is informed of the User’s
decision to withdraw from the contract. Unless otherwise agreed with the User,
reimbursements will be made using the same means of payment as used to process
the initial transaction. In any event, the User shall not incur any costs or
fees as a result of such reimbursement.
…ON THE
PURCHASE OF SERVICES
Where a User exercises the right to cancel after having requested that
the service be performed before the cancellation period expires, the User shall
pay to the Owner an amount which is in proportion to the part of service
provided.
Such payment shall be calculated based on the fee contractually agreed
upon, and be proportional to the part of service provided until the time the
User withdraws, compared with the full coverage of the contract.
Brazilian
User rights
Right of regret
Unless an applicable exception is stated below, Users who are Consumers
in Brazil have a legal right of regret under Brazilian law. This means that the
Consumer has the right to withdraw from contracts made online (distance
contracts or any contract signed away from business premises) within seven (7)
days of the date the contract was entered into or the receipt of the product or
service, for any reason and without justification. Users that do not qualify as
Consumers, cannot benefit from the rights described in this section. The right
of regret may be exercised by the Consumer via contact channels listed at the
beginning of this document and in accordance with the guidelines in this
section.
Exercising the right of
regret
To exercise their right of regret, Users must send to the Owner an
unequivocal statement of their intention to withdraw from the contract. To this
end, Users may use the model withdrawal form available from within the
“definitions” section of this document. Users are, however, free to express
their intention to withdraw from the contract by making an unequivocal
statement in any other suitable way. In order to meet the deadline within which
they can exercise such right, Users must send the regret notice before the
regret period expires. When does the regret period expire?
· Regarding
the purchase of a service, the regret period expires seven (7) days after
the day that the contract is entered into and only if the service has not yet
been provided.
· In the event
of the purchase of digital content, the regret period expires
seven (7) days after the day that the contract is entered into and only if the
digital content has not yet been provided and integrated into the Consumer's
device.
Effects of regret
Users who correctly withdraw from a contract will be reimbursed by the
Owner for all payments made to the Owner, including, if any, those covering the
costs of delivery.
However, any additional costs resulting from the choice of a particular
delivery method other than the least expensive type of standard delivery
offered by the Owner, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event,
no later than 14 days from the day on which the Owner is informed of the User’s
decision to withdraw from the contract or the actual return of the product,
whichever occurs later. Unless otherwise agreed with the User, reimbursements
will be made using the same means of payment as used to process the initial
transaction. In any event, the User shall not incur any costs or fees as a
result of such reimbursement.
…ON THE
PURCHASE OF SERVICES
Where a User exercises the right of regret after having requested that
the service be performed before the regret period expires, the User shall pay
to the Owner an amount which is in proportion to the part of the service
provided.
Such payment shall be calculated based on the fee contractually agreed
upon, and be proportional to the part of service provided until the time the
User withdraws.
Guarantees
Legal
guarantee of conformity for Digital Products under EU law
Under EU law, for a minimum period of 2 years from delivery or, in case
of Digital Products supplied continuously for more than 2 years for the entire
supply period, traders guarantee conformity of the Digital Products they
provide to Consumers.
Where Users qualify as European Consumers, the legal guarantee of
conformity applies to the Digital Products available on this Application in
accordance with the laws of the country of their habitual residence.
National laws of such country may grant Users broader rights.
Legal
guarantee of conformity for services for Consumers in Brazil
The legal guarantee applicable to services sold by this Application
complies with the following terms, according to the Consumer Protection Code:
· non-durable
services shall have a thirty-day (30 day) guarantee; and
· durable
services shall have a ninety-day (90 day) guarantee.
The warranty period starts from the end of the performance of services.
The warranty is not applicable in cases of service misuse, natural
events or if it has been subjected to any maintenance other than that provided
by this Application.
The warranty may be claimed through the contact channels provided by this
Application. If applicable, the Owner shall bear the costs of shipping any
goods for technical assessment.
The Owner, at its own discretion, may also offer a contractual warranty in
addition to the legal warranty.
The regulations applicable to contractual warranties can be found in the
specifications provided by this Application. If no such information is
provided, only the statutory provisions shall apply.
Liability and indemnification
Unless otherwise explicitly stated or agreed with Users, the Owner’s
liability for damages in connection with the execution of the Agreement shall
be excluded, limited and/or reduced to the maximum extent permitted by
applicable law.
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners and employees
harmless from and against any claim or demand — including but not limited to
lawyer's fees and costs — made by any third party due to or in relation with any culpable
violation of these Terms, third-party rights or statutory provisions connected
to the use of the Service by the User or its affiliates, officers, directors,
agents, co-branders, partners and employees to the extent allowed by applicable
law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable
law, Users shall have no right to claim damages against the Owner (or any
natural or legal person acting on its behalf).
This does not apply to damages to life, health or physical integrity,
damages resulting from the breach of material contractual obligations such as
any obligation strictly necessary to achieve the purpose of the contract,
and/or damages resulting from intent or gross negligence, as long as this
Application has been appropriately and correctly used by the User.
Unless damages have been caused by way of intent or gross negligence, or
they affect life, health or physical integrity, the Owner shall only be liable
to the extent of typical and foreseeable damages at the moment the contract was
entered into.
Australian
Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee,
condition, warranty, right or remedy which the User may have under the
Competition and Consumer Act 2010 (Cth) or any similar State and Territory
legislation and which cannot be excluded, restricted or modified
(non-excludable right). To the fullest extent permitted by law, our liability
to the User, including liability for a breach of a non-excludable right and
liability which is not otherwise excluded under these Terms of Use, is limited,
at the Owner’s sole discretion, to the re-performance of the services or the
payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This
Application is provided strictly on an “as is” and “as available” basis. Use of
the Service is at Users’ own risk. To the maximum extent permitted by
applicable law, the Owner expressly disclaims all conditions, representations,
and warranties — whether express, implied, statutory or otherwise, including,
but not limited to, any implied warranty of merchantability, fitness for a
particular purpose, or non-infringement of third-party rights. No advice or
information, whether oral or written, obtained by the User from the Owner or
through the Service will create any warranty not expressly stated herein.
Without
limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors,
officers, directors, agents, co-branders, partners, suppliers and employees do
not warrant that the content is accurate, reliable or correct; that the Service
will meet Users’ requirements; that the Service will be available at any
particular time or location, uninterrupted or secure; that any defects or
errors will be corrected; or that the Service is free of viruses or other
harmful components. Any content downloaded or otherwise obtained through the
use of the Service is downloaded at Users' own risk and Users shall be solely
responsible for any damage to Users’ computer system or mobile device or loss
of data that results from such download or Users’ use of the Service.
The
Owner does not warrant, endorse, guarantee, or assume responsibility for any
product or service advertised or offered by a third party through the Service
or any hyperlinked website or service, and the Owner shall not be a party to or
in any way monitor any transaction between Users and third-party providers of
products or services.
The
Service may become inaccessible or it may not function properly with Users’ web
browser, mobile device, and/or operating system. The owner cannot be held
liable for any perceived or actual damages arising from Service content,
operation, or use of this Service.
Federal
law, some states, and other jurisdictions, do not allow the exclusion and
limitations of certain implied warranties. The above exclusions may not apply
to Users. This Agreement gives Users specific legal rights, and Users may also
have other rights which vary from state to state. The disclaimers and
exclusions under this agreement shall not apply to the extent prohibited by
applicable law.
Limitations of liability
To
the maximum extent permitted by applicable law, in no event shall the Owner,
and its subsidiaries, affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees be liable for:
· any
indirect, punitive, incidental, special, consequential or exemplary damages,
including without limitation damages for loss of profits, goodwill, use, data
or other intangible losses, arising out of or relating to the use of, or
inability to use, the Service; and
· any damage,
loss or injury resulting from hacking, tampering or other unauthorised access
or use of the Service or User account or the information contained therein;
· any errors,
mistakes, or inaccuracies of content;
· personal
injury or property damage, of any nature whatsoever, resulting from User access
to or use of the Service;
· any
unauthorised access to or use of the Owner’s secure servers and/or any and all
personal information stored therein;
· any
interruption or cessation of transmission to or from the Service;
· any bugs,
viruses, trojan horses, or the like that may be transmitted to or through the
Service;
· any errors
or omissions in any content or for any loss or damage incurred as a result of
the use of any content posted, emailed, transmitted, or otherwise made
available through the Service; and/or
· the
defamatory, offensive, or illegal conduct of any User or third party. In no
event shall the Owner, and its subsidiaries, affiliates, officers, directors,
agents, co-branders, partners, suppliers and employees be liable for any
claims, proceedings, liabilities, obligations, damages, losses or costs in an
amount exceeding the amount paid by User to the Owner hereunder in the
preceding 12 months, or the period of duration of this agreement between the
Owner and User, whichever is shorter.
This
limitation of liability section shall apply to the fullest extent permitted by
law in the applicable jurisdiction whether the alleged liability is based on
contract, tort, negligence, strict liability, or any other basis, even if the
User has been advised of the possibility of such damage.
Some
jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, therefore the above limitations or exclusions may not
apply to the User. The terms give User specific legal rights, and User may also
have other rights which vary from jurisdiction to jurisdiction. The
disclaimers, exclusions, and limitations of liability under the terms shall not
apply to the extent prohibited by applicable law.
Indemnification
The
User agrees to defend, indemnify and hold the Owner and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees harmless from and against any and all claims or demands, damages,
obligations, losses, liabilities, costs or debt, and expenses, including, but
not limited to, legal fees and expenses, arising from
· User’s use
of and access to the Service, including any data or content transmitted or
received by User;
· User’s
violation of these terms, including, but not limited to, User’s breach of any
of the representations and warranties set forth in these terms;
· User’s
violation of any third-party rights, including, but not limited to, any right
of privacy or intellectual property rights;
· User’s
violation of any statutory law, rule, or regulation;
· any content
that is submitted from User’s account, including third party access with User’s
unique username, password or other security measure, if applicable, including,
but not limited to, misleading, false, or inaccurate information;
· User’s
willful misconduct; or
· statutory
provision by User or its affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees to the extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms
shall not constitute a waiver of any such right or provision. No waiver shall
be considered a further or continuing waiver of such term or any other term.
Service
interruption
To ensure the best possible service level, the Owner reserves the right
to interrupt the Service for maintenance, system updates or any other changes,
informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend or
discontinue the Service altogether. If the Service is discontinued, the Owner
will cooperate with Users to enable them to withdraw Personal Data or
information and will respect Users' rights relating to continued product use
and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside
the Owner’s reasonable control, such as “force majeure” events (infrastructural
breakdowns or blackouts etc.).
Service
reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any
portion of this Application and of its Service without the Owner’s express
prior written permission, granted either directly or through a legitimate
reselling program.
Privacy
policy
To learn more about the use of their Personal Data, Users may refer to
the privacy policy of this Application.
Intellectual
property rights
Without prejudice to any more specific provision of these Terms, any
intellectual property rights, such as copyrights, trademark rights, patent
rights and design rights related to this Application are the exclusive property
of the Owner or its licensors and are subject to the protection granted by
applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks, trade
names, service marks, word marks, illustrations, images, or logos appearing in
connection with this Application are, and remain, the exclusive property of the
Owner or its licensors and are subject to the protection granted by applicable
laws or international treaties related to intellectual property.
Changes to
these Terms
The Owner reserves the right to amend or otherwise modify these Terms at
any time. In such cases, the Owner will appropriately inform the User of these
changes.
Such changes will only affect the relationship with the User from the
date communicated to Users onwards.
The
continued use of the Service will signify the User’s acceptance of the revised
Terms. If Users do not wish to be bound by the changes, they must stop
using the Service and may terminate the Agreement.
The applicable previous version will govern the relationship prior to
the User's acceptance. The User can obtain any previous version from the Owner.
If legally required, the Owner will notify Users in advance of when the
modified Terms will take effect.
Assignment
of contract
The Owner reserves the right to transfer, assign, dispose of by
novation, or subcontract any or all rights or obligations under these Terms,
taking the User’s legitimate interests into account. Provisions regarding
changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these
Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must be sent
using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or
unenforceable under applicable law, the invalidity or unenforceability of such
provision shall not affect the validity of the remaining provisions, which
shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted,
construed and reformed to the extent reasonably required to render it valid,
enforceable and consistent with its original intent. These Terms constitute the
entire Agreement between Users and the Owner with respect to the subject matter
hereof, and supersede all other communications, including but not limited to
all prior agreements, between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or
unenforceable, the parties shall do their best to find, in an amicable way, an
agreement on valid and enforceable provisions thereby substituting the void,
invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions
shall be replaced by the applicable statutory provisions, if so permitted or
stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or impossibility
to enforce a particular provision of these Terms shall not nullify the entire
Agreement, unless the severed provisions are essential to the Agreement, or of
such importance that the parties would not have entered into the contract if
they had known that the provision would not be valid, or in cases where the
remaining provisions would translate into an unacceptable hardship on any of
the parties.
Governing
law
These Terms are governed by the law of the place where the Owner is
based, as disclosed in the relevant section of this document, without regard to
conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the
User is located in provides for higher applicable consumer protection
standards, such higher standards shall prevail.
Exception for Consumers in Switzerland
If the User qualifies as a Consumer in Switzerland, Swiss law will
apply.
Exception for Consumers in Brazil
If the User qualifies as a Consumer in Brazil and the product and/or
service is commercialised in Brazil, Brazilian law will apply.
Venue of
jurisdiction
The exclusive competence to decide on any controversy resulting from or
connected to these Terms lies with the courts of the place where the Owner is
based, as displayed in the relevant section of this document.
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European
Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or
Iceland.
Exception for Consumers in Brazil
The above does not apply to Users in Brazil that qualify as Consumers.
Dispute resolution
Amicable
dispute resolution
Users may bring any disputes to the Owner who will try to resolve them
amicably.
While Users' right to take legal action shall always remain unaffected,
in the event of any controversy regarding the use of this Application or the
Service, Users are kindly asked to contact the Owner at the contact details
provided in this document.
The User may submit the complaint including a brief description and if
applicable, the details of the related order, purchase, or account, to the
Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within 2
days of receiving it.
Online
dispute resolution for Consumers
The European Commission has established an online platform for
alternative dispute resolutions that facilitates an out-of-court method for
solving disputes related to and stemming from online sale and service
contracts.
As a result, any European Consumer or Consumer based in Norway, Iceland,
or Liechtenstein can use such platform for resolving disputes stemming from
contracts which have been entered into online. The platform is available at the following link.
Definitions
and legal references
This
Application (or this Application)
The property that enables the
provision of the Service.
Agreement
Any legally binding or
contractual relationship between the Owner and the User, governed by these
Terms.
Brazilian
(or Brazil)
Applies where a User, regardless
of nationality, is in Brazil.
Business
User
Any User that does not qualify
as a Consumer.
Digital
Product
Is a Product that consists of:
· content
produced and supplied in digital form; and/or
· a service
that allows for the creation, processing, storing or accessing data in a
digital form or the sharing or any other form of interaction with digital data
uploaded or created by the User or any other user of this Application.
European
(or Europe)
Applies where a User, regardless
of nationality, is in the EU.
Example
withdrawal form
Addressed to:
WorkDraft Studio Limited 346a Farnham Road,
Slough, SL2 1BT, United Kingdom
info@workdraftstudio.com
I/We hereby give notice that I/we withdraw
from my/our contract of sale of the following goods/for the provision of the
following service:
_____________________________________________
(insert a description of the goods/services that are subject to the respective
withdrawal)
· Ordered on: _____________________________________________ (insert the date)
· Received on: _____________________________________________ (insert the date)
· Name of consumer(s): _____________________________________________
· Address of consumer(s): _____________________________________________
· Date: _____________________________________________
(sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s)
or legal entity that provides this Application and/or the Service to Users.
Product
A good or service available
through this Application, such as e.g. physical goods, digital files, software,
booking services etc., and any other types of products separately defined
herein, such as Digital Products.
Service
The service provided by this
Application as described in these Terms and on this Application.
Terms
All provisions applicable to the
use of this Application and/or the Service as described in this document,
including any other related documents or agreements, and as updated from time
to time.
United
Kingdom (or UK)
Applies where a User, regardless
of nationality, is in the United Kingdom.
User
Any user of the Service, whether
a human being or legal entity.
User (or
You)
Indicates any natural person or
legal entity using this Application.
Consumer
Consumer is any User qualifying
as such under applicable law.
Latest update: 12 March 2024