Interpretation
This page outlines the definitions and rules of interpretation for the following terms, to be understood throughout our Terms & Conditions.
Accredited Goods - Means Goods which have been approved by Illustrate And have been created using Illustrate's production services.
Applicable Laws - Has the meaning given in clause 19.
Business Day - A day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Buyers - End Customer &/or Service Buyers - The person or firm who purchases the Goods from the Creative Vendor.
Case System - Means the system offered by Illustrate To resolve certain disputes between the Creative Vendor and the End Customer as set out in clause 14.
Checkout System - Means the online payment system provided by Illustrate For use by End Customers.
Commencement Date - Has the meaning given in clause 4.4.
Conditions - These terms and conditions as amended from time to time in accordance with clause 27.19.
Content - Means any content, conversations, feedback or reviews which an End Customer or the Creative Vendor or Illustrate may add to the Website and includes but is not limited to text, images, photographs, animation, pictures and links.
Contract - The contract between the Creative Vendor and the Creative Vendor for the supply of Goods and/or Services in accordance with these Conditions.
Control - Has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Controller; Processor; Data Subject; Personal Data; Personal Data Breach; Processing; and Appropriate Technical Measures - As defined in the Data Protection Legislation.
Creative Vendor - Means an artist, creative, freelancer, vendor or any other alternative equivalent terminology used to refer to a seller of goods and/or are users who offer and perform services through Ventures on Illustrate.
A Creative Vendor maybe referred to as a Vendor.
Creative x Financed Vendor - Means a Creative Vendor who uses Illustrate’s finances and production services to create Goods.
Creative x Partnered Vendor - Means a Creative Vendor who has been approved by Illustrate to sell Accredited Goods (goods created using Illustrate’s production services) on the Website and in-store (limited selection in-store).
Or who sells services to service buyers using Illustrates mechanism of transfer of services and/or property rights.
Data Protection - Legislation The UK Data Protection Legislation and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of personal data (including, without limitation, the privacy of electronic communications)[; and the guidance and codes of practice issued by the relevant data protection or supervisory authority and applicable to a party.
Delivery Location - Has the meaning given in clause 10.3.
Force Majeure Event - Has the meaning given in clause 26.
Goods & Services - The goods (or any part of them) set out in the Order.
The services supplied by Illustrate and/or a Creative Vendor to the Creative Vendor as set out in the Service Specification at point of order.
Goods & Services Specification - The description or specification provided for the Goods or Services, including any drawings or artwork or transference of rights, that is agreed in writing by the Creative Vendor and Illustrate.
Goods & Services Revenue - Is the money that Vendors earn from completed orders and can either withdraw or use to purchase Ventures on Illustrate, subject to these Terms. Withdrawal terms can differ depending on selling goods and/or services.
Illustrate Balance - Is the aggregated amount of your Revenue as a Vendor and/or returned payments from cancelled orders as a Service Buyer
Illustrate Credits - Are credits that Illustrate may provide users to be used only for purchases on Illustrate, subject to these Terms of Service or any other applicable laws and/or terms.
Intellectual Property Rights - Means any patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in the United Kingdom.
Member - A “member” of the Illustrate community is anyone that uses Illustrate, may it be a customer or creative vendor.
Offers Custom - Are exclusive proposals that a Vendor can create in response to specific requirements of a Service Buyer or End Customer.
Order(s) - Your order for the supply of Goods and/or Services, as set out in the Creative Vendor's purchase order form. This agreement term applies to orders purchased by the Creative Vendor from Illustrate Print Studios.
Services Orders are the formal agreement between a Service Buyer and Vendor after a purchase was made from the Vendor’s Venture Page.
Order Confirmation - Has the meaning given in clause 4.4.
Order Page - Is where Service Buyers and Vendors communicate with each other in connection with an ordered Venture.
Custom Orders - Are requests made by a Service Buyer or End Customer to receive a Custom Offer from a Vendor.
Payment Services Provider(s) - Are service providers that provide payment services to Service Buyers and Vendors in connection with the Illustrate platform, including with respect to collection of funds from Service Buyers in connection with the purchase of Ventures, remittance and withdrawal of funds to Vendors in connection with completedVentures, and the holding of funds in connection with Illustrate Balances.
Relationship Manager - Is an assigned Illustrate concierge who will assist you in creating and selling your products.
Terms - Means these terms and conditions which shall apply to purchases made by an End Customer from a Creative Vendor.
UK Data Protection Legislation - All applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation (EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive (2002/58/EC) (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended.
Vendor Default - Has the meaning given in clause 16.2.
Vendor Page - Is where the Vendor can describe their Venture and the Venture’s terms, and the Service Buyer can purchase the Venture and create an order.
Venture Extras - Are additional services offered on top of the Vendor’s Venture for an additional price defined by the Vendor.
Venture(s) - Are all services and/or goods offered on Illustrate by a Creative Vendor.
Website - www.illustrate.co.uk
Wholesale Pricing - The cost of goods sold by a wholesaler.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to a party includes its personal representatives, successors and permitted assigns.
A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Any words in the singular shall include the plural and vice versa.
Any gendered pronouns are to represent all genders, leaving no room for discrimination.
A reference to writing or written word includes email, social media correspondence and SMS messages; but not fax.