T&C
Last updated: April 2023
These Terms & Conditions, and any documents referred to herein, set out the terms and conditions on which you are permitted to use https://www.nyeldesign.com (‘Our Website’, ‘the Site’). By using Our Website, you agree to be bound by, and to comply with, these Terms & Conditions. If you do not agree to be bound by these Terms & Conditions, you must stop using Our Website immediately.
1) OUR DETAILS
1.1) This website is operated by Nyel Design Ltd (‘We’, ‘Us’, ‘Nyel Design’, ‘The Company’, ‘The Business’).
1.2) Nyel Design Ltd is a limited company incorporated in England and Wales (no. 14631441).
1.3) Our registered address is 124 City Road, EC1V2NX, London (UK).
1.4) Our email address is hello@nyeldesign.com.
2) ACCESSING AND USING OUR WEBSITE
2.1) It is your responsibility to make any and all arrangements necessary to access Our Website.
2.2) It is your responsibility that you and anyone else who access Our Website using your device or internet connection are aware of these Terms & Conditions and comply to them. If for any reasons such other persons do not wish to comply, they must not access Our Website and you must prohibit them to do so.
2.3) As a condition for the use of Our Website, you warrant to Nyel Design Ltd. that you will not the Site for any purpose that is unlawful or against these Terms & Conditions.
2.4) You may not use Our Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
2.5) By submitting material to our servers, for example via email or by commenting a blog post, you agree that a) the material will not contain anything that is harmful or unfit for publication; b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; c) you own the material or have the unlimited right to provide it to Us. Nyel Design Ltd may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability (d) you agree not to take action against Nyel Design Ltd in relation to material that you submit, and you agree to indemnify Us in relation to the material you submit. Nyel Design Ltd does not and cannot review the content posted by users on its site and is not responsible for such content. Nyel Design Ltd may at any time at its discretion remove any content posted by users.
3) DISCLAIMER AND LIMITATION OF LIABILITY
3.1) Access to Our Website is provided “as is” and on an “as available” basis. We may alter, suspend, or discontinue the Site (or any part of it) at any time and without notice.
3.2) Your use of the Site and services is at your own risk. We make no representation and provide no warranties whatsoever that at any time Our Website will be available or that the information provided is current, secure, complete, free of bugs or other harmful content. You accept that Our Website might include technical inaccuracies or typographical errors and that The Company may make changes or improvements to the website and services at any time.
3.3) The content of Our Website is not intended to be construed as advice. You must not rely on any of the content of our website for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on Our Website at any time.
3.4) YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY THE LAW, NYEL DESIGN LTD., ITS DIRECTORS, LICENSORS, AFFILIATES, SERVICE AND CONTENT PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOST PROFITS, LOST OPPORTUNITIES, LOST OF TANGIBLE OR INTANGIBLE PROPERTY, COSTS, EXPENSES OR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE.
3.5) We might still be liable for any liability which cannot be excluded or limited under applicable law.
3.6) Nyel Design Ltd is registered in the United Kindgom. Although it may be possible to access the website from other countries, we make no representation that our website is compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the website will be appropriate for users in other countries or states.
4) SEVERABILITY
In the event that any provision of these terms is held to be unenforceable or non-binding, it shall be modified to the minimum extent necessary to make it legal, effective and binding to achieve the objective of said provision. Where such modification is not possible, it shall be deleted without affecting the remaining provisions herein.
5) INDEMNIFICATION
YOU HEREBY AGREE TO INDEMNIFY NYEL DESIGN LTD AND ITS AFFILIATES AND HOLD NYEL DESIGN LTD HARMLESS AGAINST LEGAL CLAIMS AND DEMANDS THAT ARISE FROM YOUR BREACH OF THESE TERMS, USE OR MISUSE OF OUR WEBSITE AND SERVICES.
6) WAIVER
The failure to exercise a right or to require performance of an obligation under this Terms shall not operate as a waiver to exercise such right or require such performance at any time thereafter, nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
7) INTELLECTUAL PROPERTY
7.1) Unless otherwise indicated, the Content of Our Website belongs to Nyel Design Ltd or to third parties that licensed the content to us. This includes, without limitation, trademarks, copyrights, proprietary information, business names, logo, designs, layouts, photos, text, videos, audio files, graphic resources and classes. Any and all rights not expressly granted in these Terms and Conditions are reserved by Us and protected by copyright and other laws that protect intellectual property and proprietary rights.
7.2) The trademarks, trade names, logos and other branding owned by third parties and used or displayed on Our Website (‘Third-Party Marks’) are property of their respective owners. Nothing in these Terms and Conditions or Our Website should be construed as granting any licence or right to use any of ours or any Third-Party Marks that are used or displayed on the website, without the respective owner’s prior written permission.
7.3) You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
7.3) You may access, view, and use Our Website, download the Site (or part of it) for caching, save or download pages for later/offline uses.
7.4) You may print or share the content publicly available on Our Website for lawful personal, private and non-commercial purposes. Whenever you print, download, share or pass on content from the Site to others, you must acknowledge Us (or any other authors identified by Us) as the source and not make any additions or deletions or modifications to any element.
7.5) You may not extract, scrape, reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use or exploit content from Our Website, in whole or in part, unless given express written permission to do so by Us.
7.6) IN PARTICULAR, YOU MAY NOT COPY, TRACE, CREATE DERIVATIVE WORK OR USE ANY ARTWORK OR IMAGE DISPLAYED ON OUR WEBSITE FOR PERSONAL OR COMMERCIAL PURPOSE WITHOUT FIRST OBTAINING A LICENSE FROM NYEL DESIGN LTD (OR OUR LICENSORS WHERE APPROPRIATE). YOU ARE EXPRESSLY PROHIBITED TO USE ANY CONTENT AVAILABLE ON OUR WEBSITE, WHETHER COLLECTED MANUALLY OR BY AUTOMATED MEANS, TO TRAIN ANY KIND OF ARTIFICIAL INTELLIGENCE TECHNOLOGY.
8) LINKS TO OTHER WEBSITES OR SERVICES
8.1) Links to other websites and services not owned or controlled by Nyel Design Ltd might appear on Our Website from time to time. Third-party websites are independent and outside our control, a link to an external website does not imply that The Company endorses such website or accept responsibility for the content of any website accessible via any link on Our Website.
8.2) Any third-party website accessible via link on Our Website may collect and process information about you. We are not responsible for such activities and disclaim any liability. You must check the privacy policy and term and conditions of any such website to establish what information they might collect before deciding to use their websites and services.
8.3) Our Website might display links to Print on Demand marketplaces or other shops where end products or digital downloads with our designs can be purchased. In such cases, in order to purchase you must read and agree with each shop’s respective terms and conditions. ANY ISSUES WITH PRODUCTS BOUGHT ON EXTERNAL SHOPS MUST BE ADDRESSED TO THE RESPECTIVE SHOP’S CUSTOMER SERVICE.
9) GOVERNING LAW & DISPUTES
9.1) These Terms & Conditions are governed by and interpreted according to the law of England and Wales.
9.2) Any dispute you might have with these terms or the use of Our Website will be subjected to the exclusive jurisdiction of England and Wales.
9.3) You hereby agree to first attempt to resolve any dispute informally by contacting Nyel Design Ltd.
9.4) These Terms & Conditions might have been translated in languages other than English. You agree that the original English text shall prevail in the case of a dispute.
10) CHANGES TO THESE TERMS
10.1) We reserve the right to amend these Terms & Conditions and any other document referred herein from time to time without prior notice, unless otherwise required by the law.
10.2) By continuing to access and use Our Website after we have updated these terms, you agree to be bound to and comply to the updated version.
10.3) The date of the last update is displayed at the beginning of this agreement, and it is your responsibility to check all the relevant documentation whenever you access the website, to ensure that you are aware of the terms that apply to you at that time.