These Terms of Website Use were last updated: 14th March 2018
www.cadpad3d.co.uk is a site operated by CADPAD Limited (“We”). We are registered in England and Wales under company number 10800756 and have our registered office at 3M Buckley Innovation Centre Firth Street, Huddersfield HD1 3BD. We are a limited company.
We are solely a marketplace for Users and Designers to interact. We do not search for, select or introduce Users and Designers to each other. As a result, we are not regulated under employment law and in the UK the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 or other employment agency laws do not apply to us.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw and amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
If you are under the age of 18, you may not use the services on our website. We reserve the right to refuse to offer the services to any person or entity and change eligibility criteria at any time. Where these terms or use of the services is prohibited or conflicts with any applicable law, rule or regulation, the right to access the services is revoked.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Without limiting its ability to seek alternative remedies, CADPAD may restrict any user’s ability to use the website, deactivate or terminate their account, forfeit or withhold funds, in its absolute discretion, if we have reason to believe or suspicion that the user’s dealings with CADPAD constitute fraudulent activity, wrongdoings or related to money laundering. Users acknowledge that if their use of the website is in breach of any local or national laws with respect to fraud or money laundering, any payments made may be liable to forfeiture or may be frozen by CADPAD. To the extent permitted by law, CADPAD shall not be liable to that user for any such payments, nor shall it incur any liability to any user where it is required to give information or documentation relating to that user to any relevant regulatory authority in such cases.
CADPAD reserves the right to withhold payments payable to, any person, group of persons or legal entities acting in concert or as a syndicate to defraud the company, pending the outcome of a subsequent investigation by the proper authorities
To the extent permitted by law, CADPAD shall be entitled to withhold and forfeit monies in user’s accounts in the event of fraudulent or money laundering acts by the user. The user agrees to indemnify CADPAD its directors, employees, shareholders, consultants and advisors for all losses and damages suffered by it as a result of fraud, or reasonable belief that there is fraud and/or a money laundering activity. The withholding and forfeiture, and claims for losses and damages will extend to all users who are involved and/or which the Company believes to be involved in such fraud and wrongdoings.
“Wrongdoings” and/or “fraud” shall include but not be limited to attempts to circumvent these terms and conditions, hacking, unauthorized use of the account access information, account or third party accounts, attempts to circumvent or bypass any security mechanisms available on the website or CADPAD’s systems or networks, wrongfully, deliberately or knowingly transfer funds from a third party’s account or funds not lawfully owned, any act or omission through use of the website of CADPAD services cause any harm to the company or to any third party, false personal information, fund transfers in any actions and/or omissions which the company reasonably deems to be a fraudulent and/or wrongdoings.
In the event that CADPAD will suspect fraud or fraudulent activity on the user’s part or any of the user’s payments are charged back, CADPAD will have the right to withhold any pay-out due to the user and if necessary, to lawfully collect any payments in remaining balances.
When using our site, you shall not:
Take any action that imposes an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure;
interfere with the proper working of the services we provide or any activities conducted on the services;
attempt to bypass or circumvent any measures we may use to prevent or restrict access to the services;
run any form of auto-responder or ‘spam’ on the services;
use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the site;
harvest or scrape any Content from the services; or
otherwise take any action in violation of our guidelines and policies.
It is also not allowed to:
decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services, except to the limited extent applicable laws specifically prohibit such restriction;
modify, translate, or otherwise create derivative works of any part of the services; or
copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
You shall abide by all applicable local, national and international laws and regulations.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
We grant to each user a license to use content solely for purposes of using CADPAD in accordance with these terms.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
We try to keep CADPAD running at all times, but we cannot guarantee to do so. We cannot guarantee continuous, uninterrupted or secure access to the Website as it may be interfered with by factors outside of our control.
We also try to make sure that all the information that we place on CADPAD is accurate, but we cannot guarantee this either.
We use techniques that aim to verify the accuracy of the information provided by our Users, however user verification on the internet is difficult. CADPAD cannot and does not confirm, and is not responsible for ensuring, the accuracy or truthfulness of Users’ purported identities or the validity of the information which they provide to us or post on CADPAD.
We do not control any information provided by Users and Designers that is placed on the Website. We take reasonable steps to monitor information which is posted on the Website, including but not limited to any Proposal, Job posting or Workspace and may require the removal of any information which breaches our policies.
To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including:
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Contracts for the supply of goods, services or information formed through our site or as a result of visits made by you are governed by our terms and conditions of supply
You shall not (and shall not permit) any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content, Job, or Proposal on or through the services we provide, including without limitation any User Content, that:
infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty
you know is false, misleading, untruthful or inaccurate;
is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
constitutes unauthorised or unsolicited advertising, junk or bulk email (“spamming”);
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of ours or of any third party;
impersonates any person or entity, including any of our employees or representatives; or
includes anyone’s identification documents or sensitive financial information.
You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
You grant to us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use your User Content in any way and whether on CADPAD or otherwise for the purposes of i) running the service and ii) marketing our (and our successors’ and assigns’) services and/or business in any media formats and through any media channels (including, without limitation, third party websites and feeds).
You also grant to each User a non-exclusive, perpetual license to access your User Content through CADPAD and/or in the course of a Proposal or a Job.
You represent and warrant that you have the rights to grant such licenses without infringement or violation of any third party rights. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
The grant of licences above do not confer on upon us any rights of ownership to your User Content. We do not own any intellectual property rights or have any rights in any work, materials or deliverables developed and created by you under a Job.
We reserve the right, but do not have any obligation, to remove, edit, modify or block any Content in our sole discretion, at any time, without notice to you and for any reason or for no reason at all.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to make any use of material on our site other than that set out above, please contact us.
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please report it to us.
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