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This is a technology platform and these terms and conditions (“ T&Cs ”) read together with the Privacy Policy govern your use of the website www.urban-quill.com and related to the application, platform, user interface (“ Platform ”) owned by Urban Quill (domiciled in the United Arab Emirates) and its subsidiaries,
shareholders and associated entities (“ Urban Quill ”).

The T&Cs are a valid and binding contract between us and by using the Platform, you consent (without any condition, restriction or limitation) to the T&Cs. If you do not agree with the T&Cs, please do not view or use the Platform in any manner.

The term “ you ” “ your ” (or a similar reference) refers to you as the user of the Platform and the term “ us ” “ our ” “ we ” refers to the owner of the Platform being Urban Quill.

What Is The Platform

It is a technology platform that allows users to browse, place orders, may be also earn and gain loyalty rewards and make purchases (“ Purchases ”) designed or supplied by third parties (“ Suppliers ”) on the Platform.

The Purchases are accessible through the Platform directly through us. We do not guarantee the accuracy, quality or quantity of the finally delivered Purchases. You accept and understand that the Products are designed by third party designers who we have no control over and for whom we are not liable or responsible.

The Platform offers a method for you to review and provide feedback for Purchases that are personally experienced where each reviewer is solely responsible for their experience and reviews.

We have no responsibility or liability in connection with any Purchases made via the Platform and you will do so out of your own volition and free will, with full understanding and knowledge of your purchase.

For clarification, the Platform does not deal with or wish to deal with, or provide or wish to provide any services or products to any countries sanctioned by OFAC (Office of Foreign Assets Control) or any other international governments. If you are subject to any such sanctions, please do not use the Platform.

Access To Platform

You may browse through the Platform and if you want to make purchases you may register for making Purchases through the Platform. You need to complete the registration process on the Platform by providing basic information or opt to register
through your Facebook log-in or Google account. Please ensure your registration information is accurate, complete and true. If in future your registration information changes, please use the option available to amend your details. You will also have
the option to amend the details on your user account on the Platform through your personal account page.

Upon successful completion of registration, you will be provided with a username and password and it is your responsibility not to share this information with anyone and to ensure your username and password is kept confidential. Registration is restricted to one registration per user and is not transferable to, or useable by any third party.

Subject to your compliance with these T&Cs, we grant you a limited, non-exclusive, non-transferable license to:

access and use the Platform solely in connection with your reviewing and making Purchases; and
access and use any content, information and related materials that may be made available through the Platform, in each case solely for your personal and non-commercial use. Any rights not expressly granted in these T&Cs are reserved by us.
We retain complete rights at any time and without reason, advance notice, limitation or liability, to make conditional, terminate or restrict your access to the Platform or not accept or decline registration of a user account or not to accept or decline
requests for Purchases.

In the event you lose details to your username and password to the Platform please notify us immediately.

Use Of Platform

You may only use the Platform to genuinely browse the designs and make Purchases, or contacting us. You may not use the Platform to transfer or upload viruses, contaminating or destructive features or trojans, make any false, fraudulent or speculative reservation or to post or transmit any unlawful, defamatory, threatening, indecent, obscene, pornographic or profane material or any material that will constitute or encourage conduct that would be considered a criminal or civil offense or otherwise violate any law. You may not use the Platform for any purpose that is unlawful or is prohibited by these T&Cs.

All information contained in this Platform including photographs and descriptions of Purchases (“ Platform Materials” ) are by way of illustration purposes only and are subject to change. By using this Platform you waive any claim against us for any inaccuracy in the Platform Materials.

Your Representation & Warranties

When you use this Platform, you make the following representations and warranties
to us:

  • You are of 18 years and older, are legally allowed to view the Platform and transact via the Platform (if and as required);
  • You are aware that Purchases on the Platform can be accessed from anywhere around the world, for deliveries currently only in the United Arab Emirates;
  • You have provided valid, true and accurate information at the time of registration on the Platform;
  • The Platform and any content on and from the Platform will be used for your own personal use only in accordance with the T&Cs;
  • The security of your username and password on the Platform shall be your sole responsibility and you will immediately notify us if you lose access to your user account;
  • In accessing the Platform you will not seek to interrupt, interfere or act in any manner whatsoever that may be contrary to the T&Cs or the laws of the United Arab Emirates;
  • You will not upload any illegal, inappropriate, offensive or unauthorized material on the Platform;
  • You will not gain any benefit from commercializing the Purchases;
  • It is your responsibility to ensure you are certain and understand all aspects of any Purchases prior to placing any order. Once an order is placed through the Platform, any cancellations shall be in accordance with the Cancellation Policy in these T&Cs. An order is complete once you accept and pay for it, irrespective of whether or not you subsequently use the Purchases; and
  • Any Purchases and downloads from the Platform will be in accordance with the T&Cs.

You further acknowledge and agree, without condition or limitation:

  • We are not responsible in any way for the Suppliers or third party suppliers whose products are listed or offered on the Platform and you are responsible for your own inspection and due diligence of all products prior to Purchases;
  • Any Purchases by you, are made of your own free will and volition and after full review (and understanding) of your intended Purchases;
  • You agree to receive push notifications, emails, alerts and correspondence from us, by mobile text message, Whatsapp, Facebook notification, email message with regards to newsletters, updates about your Purchases or updates, news about the Platform or our upcoming features and events;
  • You agree that we may use geographical positioning traffic system to identify your location for delivery of Purchases and you have no objection;
  • We do not make any guarantees or representations about the quality, timeliness, safety or delivery of the Purchases and you agree that we are relieved and indemnified from any issues or claims arising out of your use of this Platform.

Purchases

It is your responsibility to ensure you are certain and understand all aspects of any Purchases.

Each of the Purchases are subject to further terms and conditions and we advise that you carefully read the specific terms or conditions of each of the Purchases prior to completing it. You will be bound by these T&Cs and the specific terms of the Purchases, and if there is any inconsistency between the specific terms of the Purchases and these T&Cs, the specific terms of the Purchases will prevail.

The Platform acts only as a conduit for you to acquire Purchases and all Purchases advertised on the Platform are subject to the specific terms and conditions attached with each of the respective Purchases. Accordingly, we have no liability whatsoever for any Purchases and you expressly agree and acknowledge that your sole and exclusive rights and remedies with respect to any Purchases advertised on the Platform are against the respective Suppliers and not against us. Taking into account the above mentioned exclusion of liability, in case any liability is established by a UAE Court in a matter against us, you expressly acknowledge and agree that the maximum limit for any liability claim shall not in any event exceed the amount contributed by you to us in respect of the specific Purchases to which any liability relates.

Payments made via the Platform will be accepted using Visa and MasterCard credit/debit card in AED (United Arab Emirate Dirhams) or any other agreed currencies and in such case your credit/debit card will be immediately charged when orders are placed. All credit/debit card details and personally identifiable information will NOT be stored, sold, shared, rented or leased to third parties. If you order Purchases on the Platform, the details you are asked to submit will be provided directly to our payment provider via a secured connection. The cardholder must ideally retain a copy of the transaction records, details of orders and Suppliers’ policies and rules. Multiple transactions may result in multiple postings to the card-holders’ monthly card statement. Please refer to our Privacy Policy for more
information.

If you request delivery of the Purchases from Suppliers, you may or may not have to pay additional charges. Please carefully review the terms of your order. Upon making any Purchases, the confirmation will be sent to you electronically to your email address subject to the terms of the specific Purchases. Purchases may take a few days to reach you depending on the country of delivery.

You hereby accept and agree the relevant Suppliers are responsible for honouringthe Purchases ordered by you. Suppliers are responsible and hold title and ownership to all designs on the Platform. All promotional material that may be used or viewed on the Platform with respect to Purchases are provided by the Suppliers or by us and you agree that we have no liability or responsibility in respect of such material. If you are not fully satisfied with any Purchases, then we welcome feedback through an email to hello@urban-quill.com so that we may take this into account for future Purchases offered by the relevant Suppliers or by us.

No Purchases may be sold, transferred or otherwise redeemed for cash or commercial purposes.

With respect to paypal, credit card and debit card transactions, please note it is your responsibility to check with your bank or the platform through which you make the payment prior to making any Purchases, that they do not levy any additional service, loyalty or convenience charges and fees for use of such cards. We will not be held responsible or liable for any excess charges to you.

Delivery Locations

We currently offer delivery only in United Arab Emirates through our channel partners however this may change in future. Please review these T&Cs to confirm countries/areas of delivery.

Offers On Platform

We may make special offers to registered users free of charge or through a specific value proposition and such special offers cannot be transferred, exchanged or redeemed for cash or used beyond their end date and will come with their own specific and separate terms which you should read carefully. Special offers may haves eparate terms and conditions. We are not obligated to honor any special offers that we believe are tampered with or that do not comply with this provision or the applicable terms.

Cancellation Policy

All Purchases are non-refundable. Purchases may only be cancelled or revoked by us in which case you will be notified
electronically and the amount paid by you may be applied towards any future Purchases. Please contact urbanquillme@gmail.com if you have not received credit into your account after any cancellation is approved.

If issues arise with any of your Purchases and you feel you are entitled to a cancellation and refund or exchange, then we will endeavour to assist you. To the extent any cancellation or refund is approved, we reserve the right to provide this as a credit against your future Purchases. This credit will always be provided less any credit card or debit card or administrative and finance charges that we have had to incur during your Purchases.

Refunds will always be done only through the original mode of payment.

Refer-a-Friend

You may be requested to refer friends to us in which case you will be asked to provide their email address. We will send emails to each of your referred friends and you will be responsible to inform your referred friends accordingly by disclosing your friends’ details you confirm that you referred them with their consent.

External Links

The Platform may include advertisements with external links on separate web pages (“ External Sites ”). Once you click or access these External Sites, you will leave the Platform.

We do not investigate, review, endorse, represent or control the content of any of External Sites, unless otherwise expressly stated in the T&Cs. We will not be responsible or held accountable for the content displayed on External Sites and you
will access these External Sites at your sole risk. You also agree not to link any other External Sites to the Platform without our express prior written consent and approval. External Sites may send their own cookies to you or otherwise collect data or solicit personal information and you are responsible for checking the External Sites to locate and review its terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link and/or bookmark the External Sites at
your own risk.

Some of the advertisements you see on the Platform may be selected and delivered by third parties, such as ad networks, advertising agencies and audience segment providers. These third parties may collect information about you and your online activities, either on the Site or on other websites, through cookies, web beacons, and other technologies in an effort to understand your interests and deliver to you advertisements that are tailored to your interests. Please remember we do not have access to, or control over, the information that these third parties may collect. The information practices of these third parties are not covered in these T&Cs or in our Privacy Policy.

Submissions on the Platform

You are welcome to contact us directly at any time with information, reference, ideas, concepts, know-how, techniques, comments or suggestions.

Any designs you create, upload or propose on the Platform, information, reference, ideas, concepts, know-how, techniques, comments or suggestions that you may submit to us through the Platform shall be deemed and always remain our sole and exclusive property.

We will be entitled to use or disseminate such information for commercial or other purposes at our sole discretion without any obligation to compensate or remunerate you.

Intellectual Property

The entire content of the Platform including but not limited to text, designs, graphics, photographs, stock images, stickers, video, interactive presentations, logos, text, arrangements and layouts are our sole and exclusive property or are licensed to us and all rights are reserved. All trademarks and trade names including but not limited to “ Urban-Quill , UrbanQuill , urban-quill.com , UQ ” and all other derivatives thereof including the trade marks appearing on the Platform are proprietary to us and may only be used by licensees to whom we specifically grant or license such rights. You agree not to illegally or in an unauthorized manner, use, disseminate, publish or reverse engineer any content or other intellectual property rights in this Platform without our prior written consent.

Survivability

If a court in the United Arab Emirates finds any part of the T&Cs unenforceable or invalid then such part shall be deemed deleted and the rest of the T&Cs shall continue to be in full force and effect to the fullest extent permissible by the applicable laws.

Amendment

We reserve the right to change any content on the Platform including the T&Cs and Privacy Policy without any notice. The most recent version of the T&Cs and Privacy Policy will always be available at the link on the Platform and that version available at the time of placing an order will apply to the order therefore you are encouragedto visit the Platform and read these T&Cs prior to making any Purchases so you are updated accordingly.

Notices or Communication

Any notices or contact under the T&Cs or Privacy Policy may be delivered to you electronically and such notification shall be deemed valid.

Notices or communication to us can be delivered electronically as follows:
Urban-Quill
PO Box 17810
Dubai, UAE
Tel: +971 555239646

All other communication may be sent electronically to us at hello@urbanquill.com.

All types of feedback and communication is welcome. Please feel welcome to contact us to let us know how you enjoy the Platform and your experience with making Purchases and whether we can make it a better experience for you.

Governing Law & Jurisdiction

The T&Cs apply to your use of the Platform and are compliant with the applicable laws of the United Arab Emirates. By using the Platform you expressly consent and agree to the governing law and jurisdiction of the United Arab Emirates over the terms of use and any dispute over the content of the Platform shall be subject to the exclusive jurisdiction of a single arbitrator under the rules of the DIFC-LCIA with the seat in Dubai, United Arab Emirates irrespective of your geographical location.

Termination

We reserve the right to cancel or block access to this Platform in respect of any user(s) or refuse options to make Purchases at anytime without notice. We also reserve the right at anytime, and for any reason to terminate this agreement with any user(s) upon written notice by email.

You may terminate your agreement with us by stopping your use of the Platform.

Effects Of Termination

1. Termination of the agreement made between us in these T&Cs does not affect either party’s accrued rights or liabilities.
2. We may make a change to the T&Cs at any time without notice and you agree to be bound by such changes.
3. The T&Cs are governed by the laws of United Arab Emirates.

Disclaimer

We do not provide any warranties, whether express or implied, to you through the use of the Platform.

You are using the Platform at your own risk. We do not make any warranties or representations, whether express or implied, arising out of law or otherwise in relation to the accuracy of the content on the Platform or the quality or quantity of any Purchases, and we assume no liability or responsibility for any errors or omissions in the content of the Platform or in respect of any other issue with such Purchases. Your experience with using the Platform may or may not be to your full satisfaction, neither of which we can guarantee. We may make changes to the content or material in the Platform without any prior notice. We are not under any commitment to update any content or material on the Platform.

We reserve the right at all times to disclose any information that you may provide to us through the Platform, to our legal representatives and advisors and any governmental or federal authority in the United Arab Emirates without any notice or prior consent requirement.

We shall not be held responsible or accountable to you or any third party relying on you and in this respect you agree to fully indemnify us, for any loss, injury, claim or damage whether direct, indirect, consequential or punitive costs, liabilities, expenses, damages or otherwise that may be suffered by you through using this Platform and/or the goods, services or activities of any Suppliers. We shall not be liable in respect of any virus, contaminating or destructive features or trojan that may affect your computer as a result of your use or access or interruption or inability to use or access the Platform or any external platform. You hereby waive any and all claims against us, our employees, shareholders, subsidiaries, divisions, affiliates, representatives, agents and licensors, arising out of your use or access or interruption or inability to use or access the Platform.

Your Account

To use our Services you must register on our Site via email, giving your name and email address. Your details must be complete, correct and true. A condition of holding an account with designs for sale is your active participation in the Services at least once every 365 days. If no active participation is made through your membership account within 365 days, we may terminate your account or any part thereof, and may remove and discard all content made available by you within the Urban Quill service. Please also read the section on Termination relating to this.

Uploading Content To The Site

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards set out in the Creator Conduct section. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to the Site will be considered non-confidential and non-proprietary. Most of the information you provide to us in the form of images and bio’s are information you are asking us to make public to users of the Site, and this is done at our discretion.

Please note that all content you upload to the site will be moderated by our team to ensure that it is up to the standard which our customers require. If a design is not deemed up to standard, you will be notified of any material that maybe rejected. For more information please see our Creator FAQs. We are not required to make any content available publicly and designs are moderated at our sole discretion.

You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the paragraph ‘Grant of licences’. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Site. We have the right to remove any posting of content you make on the Site if, in our opinion, your content does not comply with the content standards set out in the Member Conduct section. The views expressed by other users on the Site do not represent our views or values. You are solely responsible for securing and backing up your content.

Please note that anyone uploading creative content to the site will still be subject to the general Terms and Conditions of using the site. These are laid out under the General section on the website.

Grant Of Licenses

When you upload content to our Site (either directly or indirectly) and in exchange for your use of our Services, you grant:

Urban Quill a worldwide, non exclusive licence to use, reproduce, distribute, prepare derivative works of and display the content in connection with Greeting Cards, and any other derivative product sales. This includes the right to sell your content on alternative platforms through the Urban Quill brand (N.B this will not affect your royalty rate for each sale in any way). And also in connection with the Services and to promote the Site and/or the Services (N.B. this may include but is not limited to advertising on television, social media and channels such as Google); users of the Site the right to view the content.

You shall be solely responsible for your own content and the consequences of submitting your content. Should you have any licensing issues regarding your content, you should contact help@Urban Quill.

Creator Payment

For every sale the Creator is credited with a royalty of AED1.44/30P per sale of their designs. Creators who signed up prior to September 1st 2018 maintain a preferential royalty . Creators must enter their PayPal payment details and Invoice details via the Seller details page of their account. Urban Quill cannot be held liable for any payments outstanding due to missing information.

All royalties are paid within 31 days following the closure of the previous month’s sales, provided a total of at least AED 50 has been accrued. Should this not be the case, royalties will be rolled over until such a time as the total royalties earned totals AED 50. Creators can view their royalties, payments and sales statistics in their Account.

If a payment remains unclaimed after 30 days it gets returned to us by PayPal. Urban Quill will not be liable for any payments which are unclaimed, due to an incorrect PayPal email being added to an account or for any other reason. We will resend the returned payment with the next scheduled payment. Unclaimed funds will remain pending on a creator’s account until a valid PayPal email is added.

Creators will not be paid a royalty on any of their design sales which have to be refunded or otherwise reimbursed due to non-delivery, delayed delivery, damage in transit or errors on artwork, as well as any other issues which result in loss of profit from a sale. In addition, creators will not be paid a royalty on purchasing any of their own designs.

Copyright Policy

Urban Quill respects the intellectual property (IP) rights of others and expects users of the services to do the same. Creators are responsible for the IP of all work uploaded to and displayed upon the site. We will respond to notices sent to our registered office in respect of alleged copyright infringement in connection with the Services.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;

identification of the copyrighted work claimed to have been infringed;

identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

your contact information, including your address, telephone number, and an email address;

a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and

a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Urban Quill may also terminate a user’s account if the user is determined to be a repeat infringer.

Creator Conduct

We welcome members who use our service to upload content to the Site. However, we do not allow our Site or the Services to be used for prohibited content especially but not limited to the following:

copyrighted material used without the express permission of the owner;

material that violates the rights of others;

material that contains viruses, worms, Trojan horses or other forms of corruptive code, or any other content that may compromise the Site or the Services;

material that advocates illegal activity;

content we believe is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

material that, in any way, is harmful to minors; or

material that provides a link to any of the above.

We have the sole discretion to determine whether content is prohibited content, and all content submitted to the Services may be subject to examination from time to time. We may not monitor or control the content posted via the services and we cannot take responsibility for such content. Although we do not and will not examine or otherwise review all content submitted or transmitted to the Site, we may delete, move, and edit content for any justified reason, at any time, without notice. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services. All content is the sole responsibility of the person who originated such content.

When you view other users’ content, you acknowledge that the copyright and other intellectual property rights in such content belong to the relevant user and you agree not to use or disclose such content to third parties, in whole or in part, unless you purchase such content in accordance with the provisions set out below or share it using the appropriate credit to Urban Quill and/or the relevant user.

Creators are not permitted to link to another site where their content is for sale within their bio information. This is a conflict of interest for Urban Quill, and any websites found within this information field which infringe upon this may be removed without prior warning.

Termination

We reserve the right to terminate at any time, in full or in part and without further notice, your account and your right to use the Services, and to remove and discard any content you have uploaded onto our Site. In particular, we may terminate your account and your right to use the Services in the following circumstances:

if you violate our Terms or any other applicable regulations, guidelines or laws;

if your conduct is harmful to other Urban Quill users, our Urban Quill services or third parties;

if you have not actively participated in the Services within the last 365 days as described under the ‘Your Account’ section.

Please contact Urban Quill customer support at help@urban-quill.com if you wish to terminate your account.

Taxation Responsibility

Each creator who makes content available for sale on the Site is responsible for their own taxes associated with the royalties earned and will account for any taxes imposed by governments or governing authorities.

Urban Quill will not collect or pay taxes on your behalf. The royalty amounts paid to you will be deemed to be inclusive of any taxes. You will at all times be solely responsible for reporting and remitting any tax liabilities arising out of the sale of your products together with any potential interest or penalties that any tax authority may levy as a result of non-compliance.

For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility, and Urban Quill will not be liable for paying any tax owed on a creator’s behalf.

Contact Us

To contact us, please email help@urban-quill.com

Thank you for visiting the Site.

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