Terms and Conditions (“Terms”)

Last updated: 23/09/2018

Please read these Terms and Conditions carefully before using the https://wemake3d.co website operated by We Make 3D.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

We Make 3D reserves the right to change the Website, the Services and the Terms and Conditions at and any time. Updated Terms and Conditions will be effective upon publishing on the Website. We Make 3D will make reasonable efforts to make users aware of any changes made to the Terms and Conditions. Please check the Terms and Conditions regularly to keep up to date with all the terms governing the use of this Website and Services provided.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you should not use the Service and/or access the website.

1. Key Terms

1.1 We Make 3D: We Make 3D is located at… [Do we want to supply a physical address as we aren’t set up as a company as of yet?]

1.2 Printer: A user who operates a 3D printer and offers the service through this website.

1.3 Order:  An purchase made by a Customer through the website.

1.4 Printing Fee: The fee due to the Printer for printing services, including the start-up cost per job and the material costs used to produce the final 3D printed part, offered by the Printer as indicated by the Printer on the website.

1.5 Finder’s Fee: The fee due to We Make 3D for the services provided by We Make 3D and any applicable taxes (VAT).

1.6 Customer: A user of the services provided by the website.

1.7 Job List: Orders placed by Customers awaiting Printers to accept the job.

2. We Make 3D Services

2.1 The Services offered by We Make 3D through its Website solely exist of providing an online platform which facilitates Printers to provide 3D printing services to fulfil the orders accepted from the Job List provided by We Make 3D. The Services enable a Customer to upload 3D Content to our Website and enable a Printer to select the Order from the Job List provided on the Website. This allows a Customer to place an Order with We Make 3D and the Printer to turn the uploaded 3D Content into a 3D Print. The Printer can then arrange for the 3D Print to be delivered to the Customer.

2.2 We Make 3D has no control over the conduct of Printers and Customers, the Content uploaded to the Website by Customers and the 3D Prints and services provided by Printers and We Make 3D disclaims all liability in this regard.

3. Customers

3.1 Services offered by We Make 3D are available only to individuals who are 18 years or older who can form legally binding contracts under applicable law and who have ordered a 3D Print through the Website.

3.2 The Customer or any visitor of the Website represents and warrants that all information he/she submits to the Website is accurate, truthful, lawful and does not infringe any rights of third parties. The Customer or any visitor of the Website warrants that it will not use the Service to:

· Collect or store personal information from other Customers other than the information collected during the normal course of using the Service.

· Harass or threaten any person or entity.

· Gain or attempt to gain unauthorized access to any computer system, server, network or hardware of We Make 3D, other Customers or any other third party.

· In any way that could overload, damage, disable, disrupt or harm the Service or interfere with any other Customer’s use of the Service.

· Adapt, modify or reverse engineer any of the systems or protocols of We Make 3D.

· Reformat, resell, or redistribute the Service in any way without the explicit consent of We Make 3D in writing.

3.3 If a Customer does not respect the Terms and Conditions or any reasonable instructions from We Make 3D, We Make 3D can, at its sole discretion and without any compensation, deny the Customer any further access to the Website and/or any of its Services. Any attempt by a Customer to damage the Website or to undermine the legitimate operations of the Services may be a violation of criminal and civil laws and should any such attempt be made, We Make 3D reserves the right to seek damages from any such Customer to the fullest extent permitted by law.

4. Printer

4.1 When a Printer registers they must provide at least the following information:

(a) Information about the Printer: (i) Personal/Business description (ii) Phone number (iii) Valid email address (iv) Exact location (v) Bank/Paypal account details

(b) 3D Printer details: (i)Printer/s being used (ii) Quality of 3D prints

(c) Material details: (i)Types of material available for printing (ii) Available colours of the material/s

4.2 A Printer may accept an Order from the Job List published by We Make 3D. Upon acceptance of an Order, the Printer warrants to supply the 3D Print in the material selected by the Customer, within the standard technical boundaries of the Printer’s 3d printer and within the delivery time selected by the Customer on the Website and confirmed in the Order.

4.3 To ensure the quality and user experience of the Website and its Services We Make 3D can, at its sole discretion and without any compensation, deny the Printer any further access to the Website and/or any of the Services if a Printer does not meet the requirements stipulated in Clause 4.2 or does not respect the Terms and Conditions.

4.4 Printers understand and agree that they are solely responsible for determining their applicable tax reporting requirements.

4.5 Printers accept as third-party beneficiaries and are thereby entitled to enforce directly against Customers, the following provisions:

(a) The representations and warranties provided to Printers by Customer as set forth in Clause 5.7.

(b) The agreement provided by Customers to indemnify and hold harmless the Printers as set forth in Clause 11.3.

5. Content

5.1 Customers are solely responsible and liable for the Content they upload and will refrain from uploading restricted Content to the Website. If a Printer finds an Order with restricted Content from a Customer they shall immediately inform We Make 3D about such Content. We Make 3D will then remove the Order from the job list.

5.2 Content is restricted if it:

(a) violates or infringes a third party’s rights, including but not limited to privacy, publicity or any intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights);

(b) contains pornographic or obscene content;

(c) contains information about or relating to firearms or any other weapons;

(d) contains information which is false, inaccurate, misleading, harassing, racially or ethically offensive, harmful to minors, libellous or defamatory;

(e) contains trojan horses, viruses, worms or other harmful or destructive software code;

(f) is contrary to or in violation of any applicable law or regulations, including any applicable export control laws and regulations.

5.3 By submitting Content (except for the Customer’s 3D Content) through the Services or Website, the Customer grants We Make 3D a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the Content in connection with the Website and/or the Services, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels.

5.4 By submitting 3D Content through the Services or Website, the Customer grants We Make 3D and the Printer accepting the Order a non-exclusive, royalty free worldwide non-transferable license (i) to review the 3D Content on the basis of technical specifications (including but not limited to checking for any technical errors); and (ii) to use the 3D Content for the manufacturing of the 3D Print in order for the Printer to fulfil the Order placed by the Customer.

5.5 In the case that the Customer has indicated his/her consent by indicating that the 3D Content is public 3D Content, the Customer grants We Make 3D a non-exclusive, royalty free worldwide non-transferable license to display the 3D Content on the Website and to reproduce, distribute, display or sell the 3D Content for any commercial purposes.

5.6 The Customer represents and warrants that it has all rights to grant the licenses of Clause 5.3, 5.4 and 5.5 without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.

5.7 A Customer placing an Order with We Make 3D represents and warrants to We Make 3D that we have all rights to grant the licenses of Clause 5.4.ii without infringing or violating any third party rights, including without limitation, any privacy rights, publicity rights, intellectual property rights (including any copyright, patent, design right, trademark, trade secret or any other proprietary rights) or any other proprietary rights.

5.8 We Make 3D does not claim any ownership rights of the Content and has no obligation to review the Content and can in no way be held responsible for the Content uploaded to its Website or Services. Notwithstanding the foregoing We Make 3D can remove and/or block any Content uploaded to its Website or Services for any reason and without notice.

6. Order

6.1 To order a 3D printed part, the Customer has to follow the online ordering process on the Website. This ordering process consists of the following steps:

(a) Upload or select 3D Content. The Customer has to (i) upload their 3D Content in the file format indicated on the Website or select any of the 3D Content made available for such purpose by We Make 3D or other Customers on the Website; (ii) select the material, colour and quality of the 3D Print; (iii) provide their billing information in order to process the payment; (iv) review the details of their Order; (v) confirm their Order.

(b) Technical review 3D Content. The Order will be reviewed by We Make 3D. During this process the 3D Content submitted to the Website will be reviewed based on technical specifications (including but not limited to checking for any technical errors).

(c) Enter contact and delivery details. The Customer must provide a valid email address for Order confirmation and any further communications regarding the order to be sent to. A delivery address for the 3D Print to be sent to is to be provided which will be passed onto the Printer once the Order has been accepted.

(d) Payment. The Customer must pay the total amount indicated on the Order confirmation by completing the payment process indicated on the Website. The Customer pays the full amount (Printing Fee and Finder’s Fee) to We Make 3D whereby We Make 3D temporarily holds the Printing Fee on behalf of the Printer. We Make 3D may cancel the Order if there are any issues with receiving the full fee. Payment is currently only possible by Debit/Credit Card and Paypal.

(e) Order Added to Job List. We Make 3D will add the Order to the Job List for a Printer to select and accept the Order. If an Order is not selected within the first 48 hours of being added to the Job List, it will be automatically passed to one of our selected Printers.

(f) Acceptance of Order by Printer. Upon acceptance of the Order by the Printer, We Make 3D will automatically send the Customer an Order confirmation to the e-mail address supplied. If there are any errors in the Order confirmation the Customer should contact We Make 3D as soon as possible. Printers shall inform We Make 3D within 24 hours after accepting an Order if they are not able to produce the Order. If there is no response from the Printer within the given timeframe it is assumed that the Printer will produce and supply the 3D printed part by the agreed date.

As soon as We Make 3D receives the full amount indicated in the Order confirmation, it will automatically add the Order to the Job List. The Printer shall immediately start performing the 3D printing services upon acceptance of the Order from the Job List.

The Printer shall complete the 3D printing services within the delivery time that the Customer has selected.

Within 4 days after the Customer or Printer has indicated on the We Make 3D website that the order has been delivered We Make 3D will transfer the Printing Fee to the bank or Paypal account provided by the Printer.

(g) Delivery. The Printer will send the 3D Print to the address provided by the Customer during the ordering process.

6.2 We Make 3D informs both the Customer and Printer about the status of the Order during the order process by sending emails to the email address provided by the User and the email address of the Printer in their We Make 3D account.

7. Unacceptable & Cancelled Orders

7.1 Cancellation by We Make 3D or Printer. During the entire ordering process, including after acceptance of the Order by the Printer, We Make 3D and the Printer may, at their sole discretion, not accept or cancel an Order for technical or any other reasons, including but not limited to the technical unfeasibility to print the 3D Content, the 3D Content being in violation of the Terms and Conditions or any applicable law or regulations, or due to the non-payment of the total amount of the Order by the Customer.

7.2 Cancellation by Customer. Due to the personalized feature of the print services performed by the We Make 3D, the Customer cannot cancel their Order after the Order has been accepted by a Printer.

7.3 We Make 3D only facilitates the transaction between Customers and Printers. As a result, We Make 3D has no control over the 3D Prints. We Make 3D does not provide any implied or explicit warranties relating to the 3D Prints and does not guarantee that the 3D Prints will be fit for any particular purposes. Please inspect 3D Prints upon receipt immediately.

7.4 Any reclamations or claims related to 3D Prints should be directly addressed to We Make 3D who will forward this to the relevant Printer. We Make 3D disclaims all liability in this regard.

8. Fees

8.1 The indicated total amount of the Order includes the Printing Fee and Delivery Fee, but excludes any import/export duties.

8.2 The Printing Fee, Delivery Fee or any other prices displayed on the Website are only indications and are valid only for the moment that they are displayed. We Make 3D reserve the right to change any indicated prices on the Website without prior notice. Such a change will have no effect on Orders which have been accepted by a Printer and paid by the Customer

8.3 We Make 3D does its best to prevent errors in the pricing indicated on the Website. However, should an error occur, neither the Customer, the Printer or We Make 3D are bound by the Order and may cancel the Order. Any amounts paid related to that Order will be refunded to the Customer.

9. Intellectual Property

9.1 All intellectual property rights, including but not limited to any copyright, trademark and database right, in the Services or Website and the selection and arrangement thereof belong to We Make 3D, it’s licensors or other third parties. All rights in the Services and Website not expressly granted herein are reserved.

10. Privacy

10.1 In order to use the Services, Users will be required to supply certain information about themselves when placing an Order or applying to be a Printer. We Make 3D has specified which information is required to use the Services. This information will be used by We Make 3D for the sole purpose of providing the Services.

10.2 In addition, the We Make 3D Privacy Policy shall apply to all the processing of personal information of Customers and Printers. The We Make 3D Privacy Policy can be found at [Insert Privacy Policy Link].

11. Liability & Indemnification

11.1 In no event shall We Make 3D be liable for any damage whatsoever, whether in an action of contract or any tortious action, arising out of or in connection with the Customer´s access or use of the Services and Website or the printing services offered by the Printer, except to the extent such damages arise directly from the wilful misconduct or gross negligence of We Make 3D and its senior management.

11.2 The Customer agrees to indemnify and hold We Make 3D harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

11.3 The Customer placing an Order with We Make 3D agrees to indemnify and hold that Printer harmless from and against all liabilities, claims, damages and expenses (including reasonable attorney fees) arising from or relating to any claims that result from the Customers’ breach of these Terms and Conditions the warranties and representations given mentioned in Clause 5.7.

12. Applicable Law and Jurisdiction

12.1 The Terms and Conditions and any disputes in connection thereto shall be governed by and construed in accordance with the laws of the United Kingdom. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. Any dispute, claim or cause of action arising out of, or in connection with the Terms and Conditions or the Customer´s use of the Website or Services shall be submitted to the jurisdiction of the competent courts in London, unless provided otherwise by operation of applicable mandatory law.

12.2 We Make 3D does not guarantee that the Services offered through its Website can be used in locations outside the United Kingdom. You are solely responsible that your use of the Services and Website complies with your local applicable laws.

13. Severability

13.1 If any provision of the Terms and Conditions is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

14. Contacting Us

If you have any queries about the way the Website is operated, the Services are provided, or how your personal information is used by We Make 3D, please contact us at [email protected]