1.1 These terms and conditions govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 13 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 13 years of age.
2.1 Copyright (c) 2014 WonderStreet Limited.
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.4 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) reproduce, duplicate, copy or otherwise exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.5 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) violate the directives set out in the robots.txt file for our website; or
(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
Registration and accounts
5.1 To be eligible for an account on our website under this Section 5, you must be at least 18 years of age. We may in our sole discretion introduce additional eligibility criteria from time to time, which we will notify to you before or when you register for an account.
5.2 You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.
5.3 Before or during the creation of an account, we may invite you to "claim" one or more images. By claiming an image and agreeing to these terms and conditions, you are warranting and representing to us that you have the authority to grant to us the rights to store, reproduce, publish and otherwise use the image in accordance with these terms and conditions.
User IDs and passwords
6.1 If you register for an account with our website, you will be asked to choose a username and password.
6.2 Your username must not be liable to mislead and must comply with the content rules set out in Section 15; you must not use your account or username for or in connection with the impersonation of any person.
6.3 You must keep your password confidential.
6.4 You must notify us in writing immediately if you become aware of any disclosure of your password.
6.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of account
7.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any of our services you have paid for and you have not breached these terms and conditions, we will refund to you a pro-rated amount of the relevant payment, such amount to be calculated by us using any reasonable methodology.
7.2 You may cancel your account on our website by sending us an email requesting account cancellation.
Likes and requests
8.1 If you register with our website, you will be able to upload images and create likes and requests on our website. Images, likes and requests can be organised into lists. Likes must, and requests may, relate to images, whether found on our website or elsewhere on the web.
8.2 You can upload images and create likes and requests:
(a) using the relevant forms on our website; or
(b) using our web browser plug-in.
8.3 If you upload an image to our website, or create a like or a request relating to an image found elsewhere on the web, we will ask you to confirm whether you "claim the image". By claiming an image, you are warranting and representing to us that you have the authority to grant to us the rights to store, reproduce, publish and otherwise use the image in accordance with these terms and conditions. If you claim an image in this way, then the image will be automatically reproduced on our website. If you do not claim an image, we will approach the source to seek permission for the use of the image. Accordingly, in these circumstances the image will not immediately appear on our website, and if we do not obtain consent from the person who owns or controls the copyright in the image, it may not appear on our website at all.
8.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any images, likes or requests that breach these terms and conditions or that do not meet any additional guidelines published on our website.
9.1 If you register with our website, you will be able to apply for your own store on the website.
9.2 To apply for a store on our website, you should complete and submit the store application form on the website.
9.3 Stores that are submitted will be individually reviewed, and usually approved or rejected within 24 hours following submission.
9.4 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or delete any store that breaches these terms and conditions or that does not meet any additional guidelines for stores published on our website.
9.5 If we permit the publication of a store, it will remain published on our website indefinitely, subject to these terms and conditions.
9.6 Once you have your own store on the website, you will be able to submit, maintain and remove listings in respect of products and services.
Request rules and listing rules
10.1 The only products and services (which for the purposes of these terms and conditions shall include tickets for events) that may be the subject of a request on our website, or a listing on a store on our website, are those falling within the categories specified on the website from time to time.
10.2 Without prejudice to Section 10.1, you must not request, list, advertise, negotiate over, buy, sell or supply through our website any product or service that:
(a) breaches any law, regulations or code, or infringes any person's intellectual property rights or other rights, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
(b) consists of or contains material that would, if published on our website by you, contravene the provisions of Section 4 or Section 15; or
(c) is or relates to: drugs, narcotics, steroids or controlled substances; pornography; obscene, indecent or sexually explicit materials; knives, swords, firearms or other weapons; ammunition for any weapon; items that encourage or facilitate criminal acts or civil wrongs; or items that encourage or facilitate the infringement of any intellectual property right.
Contracting and legal compliance
11.1 You may enter into contracts, through our website, with other website users for the supply of goods and/or services.
11.2 You must comply with all applicable laws relating to:
(a) requests for goods and services posted on our website;
(b) the advertising or listing of goods and services on our website;
(c) the entering into of contracts through our website, or relating to goods and services requested, advertised or listed on our website; and
(d) the performance of such contracts.
11.3 You must also comply with the terms of any contract you enter into through our website or relating to goods and services requested, advertised or listed on our website.
12.1 You must pay to us commission in respect of the use of the payment processing facility integrated into our website. Just to be clear: if you don't sell on WonderStreet then there are no commissions to be paid, because it is 100% free to sign-up and showcase items on WonderStreet. The commissions are only relevant in case you start selling on WonderStreet and if you as a seller want to make use of the payment system integrated into our website. We deduct a 25% commission every time an item is purchased through the website.
13.1 You acknowledge that:
(a) we do not confirm the identity of website users, check their creditworthiness or bona fides, or otherwise vet them;
(b) we do not check, audit or monitor the information contained in requests, stores or communications between users;
(c) we are not party to any contract for the sale or purchase of products or the supply of services entered into through, or relating to, the website;
(d) we are not involved in any transaction between a buyer and a seller/supplier in any way, save that we facilitate a marketplace for buyers and sellers/suppliers and may process payments on behalf of sellers/suppliers; and
(e) we are not the agents for any buyer or seller, and accordingly we will not be liable to any person in relation to any offer for sale, sale, purchase or supply of any products or services advertised on our website or negotiated through our website; furthermore we are not responsible for the enforcement of any contractual obligations arising out of any contract between website users and we will have no obligation to mediate between the parties to any such contract.
13.2 The provisions of this Section 13 are subject to Section 18.1.
Your content: licence
14.1 In these terms and conditions:
(a) "your images" means any images that you claim under these terms and conditions;
(b) "your non-image content" means all other works and materials that you submit to us though, or in relation to, our website; and
(c) "your content" means your images and your non-image content.
14.2 You or your licensors retain ownership of all intellectual property rights in your content.
14.3 You grant to us a worldwide non-exclusive royalty-free licence:
(a) to reproduce, store, resize, filter, publish and distribute your images on our website, on any successor website and via any third party applications integrated into our website, subject to Clause 14.4;
(b) to incorporate your images in screenshots, demonstration videos and other similar marketing and demonstration materials, and to reproduce, store, adapt, publish, distribute and otherwise use those materials on our website, on any successor website, via any third party applications integrated into our website and in or on any other existing or future media; and
(c) to reproduce, store, adapt, publish, translate, distribute and otherwise use your non-image content on our website, on any successor website, via any third party applications integrated into our website and in or on any other existing or future media.
14.4 If your account on our website is cancelled or deleted, whether by you or by us, then all your images will be removed from our website and will cease to be published on our website, except that we may store copies of your images as part of back-up copies of our website, and we may continue to use marketing and demonstration materials under Section 14.3(b) that were created before your account was cancelled or deleted. You acknowledge that copies of your images shared using third party applications (eg Facebook or Twitter) may remain published through those applications, and that we do not have full control of your images once they have been shared using a third party application.
14.5 You grant to us the right to sub-license the rights licensed under Section 14.3, solely for the purposes of operating our website and providing our services to you (for example, allowing our hosting services provider to store your content or allowing a third party application to process your content); and you grant to us the right to bring an action for infringement of the rights licensed under Section 14.3.
14.6 The creator of a copyright work has a special legal right to be identified as the author of the copyright work. This is known as the right of paternity. We will always publish the name of the person who claims an image in conjunction with each publication of that image on our website. When you claim an image, we will also give to you the opportunity to specify the name of the photographer of the image (for example, this can be useful in case a photographer took a picture of your products and you posted and claimed those pictures with the photographer's permission). To the extent you are not the creator of your images (for example, if you claimed an image on our website with permission of the photographer), you are responsible for ensuring that the photographer is credited as such on our website. More generally, you must not, and you must ensure that the creator or creators of your content do not, assert or enforce any rights of paternity relating to your content, whether against us or any of our permitted sub-licensees.
14.7 You may edit your content to the extent permitted using the editing functionality made available on our website.
14.8 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
Your content: rules
15.1 You warrant and represent that your content will comply with these terms and conditions.
15.2 Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
15.3 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence, in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
15.4 Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
15.5 You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
15.6 You must not submit to our website any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
16.1 Reward credits are deposited in Wonderstreet accounts and can be used to redeem against any purchases you wish to make, up to a maximum of 25% of the total amount of your purchase.
16.2 In case you invite a friend, reward credits are instantly added to their account once your friend's email has been verified. After the first purchase, your reward credit will be added to your account after the expiration of the 14 day returns period set by Wonderstreet, unless the purchase is returned or cancelled.
16.3 Friends that accept your invitation receive £50 credit instantly, and you will receive £50 credit two weeks after the initial purchase.
16.4 Reward credits are valid for a period of 12 months from the day they are awarded, expiring automatically after this time frame.
17.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
17.2 You can let us know by email using the email address published on our website.
18.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
18.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
18.3 To the maximum extent permitted by applicable law and subject to Section 18.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Limitations and exclusions of liability
19.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
19.2 The limitations and exclusions of liability set out in this Section 18 and elsewhere in these terms and conditions:
(a) are subject to Section 18.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
19.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
19.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
19.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
19.6 We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 18.6 shall not apply.
19.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage, providing that if you contract with us under these terms and conditions as a consumer, this Section 18.7 shall not apply.
19.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
19.9 Our aggregate liability to you in respect of any contract under these terms and conditions shall not exceed the greater of:
(a) GBP 100; and
(b) the total amount paid and payable to us under the contract.
20.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
Breaches of these terms and conditions
21.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
21.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Third party websites
22.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
22.2 We have no control over third party websites and their contents, and subject to Section 18.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
23.1 WONDERSTREET, WONDERSTREET.COM, our logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
23.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
24.1 We may revise these terms and conditions from time to time.
24.2 The revised terms and conditions will apply to the use of our website from the date of their publication on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of the terms and conditions.
24.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
25.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions ? providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
25.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
26.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
26.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Third party rights
27.1 These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.
27.2 The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.
28.1 Subject to Section 18.1, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements between you and us in relation to your use of our website.
Law and jurisdiction
29.1 These terms and conditions shall be governed by and construed in accordance with English law.
29.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
Statutory and regulatory disclosures
30.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
30.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
30.3 These terms and conditions are available in the English language only.
31.1 This website is owned and operated by WonderStreet Limited.
31.2 We are registered in England and Wales under registration number 8862651, and our registered office is at 4 Hutchings Street Flat 36 Naxos Building, London, England E14 8JR.
31.3 You can contact us by writing to the business address given above, by using our website contact form, by email or by telephone using the details published on our website from time to time.