Framd Framd Buy Art | Sell Art | Zero Commission | Framd https://www.getframd.com The art platform that lets you find the art you love at a price you can afford. Buy art, sell art without paying commission! Framd Limited
15 Warwick Road, CV376YW, London, United Kingdom, support@getframd.com

Framd Legal Information

INDEX

MOBILE APPLICATION TERMS AND CONDITIONS

1 WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We, Framd Limited ("Framd") of 15 Warwick Road, Stratford Upon Avon, Warwickshire, United Kingdom, CV37 6YW, license you to use:
1.1.1 framd mobile application software ("App") and any updates or supplements to it.
1.1.2 The related online documentation ("Documentation").
1.1.3 The service you connect to via the App and the content we provide to you through it ("Service") as permitted in these terms.
2 YOUR PRIVACY
2.1 We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy, found at getframd.com.
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3 ADDITIONAL TERMS FOR SPECIFIC SERVICES
In addition the Services will be governed by the following terms of use and privacy policies set out below:
TERMS PARTIES SUBJECT MATTER OF TERMS
Exhibiter Terms and Conditions The Agent and the Exhibiters The terms and conditions of use and payment by the Exhibiters for the promotion of their works.
User Terms and Conditions The Agent and the User The terms and conditions of the App by the user viewing and sharing Exhibiters Art Work.
4 APPSTORE'S TERMS ALSO APPLY
The ways in which you can use the App and Documentation may also be controlled by the App Store© rules and policies, found at www.apple.com, these rules and policies will apply instead of these terms where there are differences between the two.
5 SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
5.1 If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at GETFRAMD.COM.
5.2 If you think the App or the Services are faulty or mis-described or wish to contact us for any other reason please email our customer service team at HELP@GETFRAMD.COM.
5.3 If we have to contact you we will do so by email or by the in app messenger function.
6 HOW TO USE THE APP
6.1 You must be 16 or over to accept these terms and use the App.
6.2 We are giving you personally the right to use the App and the Service you may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free without the company's prior consent, please email help@getframd.com if you wish this to be done. If you sell any device on which the App is installed, you must remove the App from it.
7 CHANGES TO THESE TERMS:
7.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
7.2 We will give you at least 10 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.
7.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.
8 UPDATE TO THE APP AND CHANGES TO THE SERVICE:
8.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.
8.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.
8.3 The App will not always work with previous versions of the operating system (as it may be updated from time to time) and may not always match the description of it provided to you when you first downloaded it.
9 IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
9.1 If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
9.2 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.
10 WHAT WE ARE NOT RESPONSIBLE FOR
10.1 The Agent is not responsible for the conduct of any Exhibiter or User of the Service .
10.2 In no event shall the Agent be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with the Exhibiters, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to an Exhibiter.
10.3 The Agent's services are not a supply of goods. If you agree to buy Art Work from any Exhibiter you do this independently and not as a result of anything on the App or in any of these terms and conditions.
10.4 The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
10.5 You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
11 LICENCE RESTRICTIONS
11.1 You agree that you will:
11.1.1 Except in the course of permitted sharing, not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
11.1.2 Not copy the App, Documentation or Services;
11.1.3 Not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
11.1.4 Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
11.1.4.1 Is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
11.1.4.2 Is not used to create any software that is substantially similar in its expression to the App;
11.1.4.3 Is kept secure; and
11.1.4.4 Is used only for the Permitted Objective;
11.1.5 Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
12 ACCEPTABLE USE RESTRICTIONS
12.1 You must:
12.1.1 Not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
12.1.2 Not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
12.1.3 Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
12.1.4 Not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
12.1.5 Not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
13 INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.
14 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14.2 We are not liable for business losses. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
14.4 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
14.5 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.
14.6 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received.
15 WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
15.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
15.2 If we end your rights to use the App and Services:
15.2.1 You must stop all activities authorised by these terms, including your use of the App and any Services.
15.2.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
15.2.3 We may remotely access your devices and remove the App from them and cease providing you with access to the Services.
16 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
17 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
18 NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
19 SEVERANCE
If any provision or part provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
20 DELAY IN ENFORCING THIS CONTRACT
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21 GOVERNING LAW
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
20 DELAY IN ENFORCING THIS CONTRACT
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21 GOVERNING LAW
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
22 JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

USER TERMS AND CONDITIONS

1 ACCEPTANCE OF TERMS OF USE AGREEMENT:
1.1 This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Service.
1.2 We may, at any time and for any reason make changes to this Agreement. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted Under the Terms & Conditions section found within your "Profile Details" section within the app and also on getFramd.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you shall be deemed to have accepted those changes. If you don't agree to these changes, you must end your relationship with us by ceasing to use the Services and leaving Framd.
2 ELIGIBILITY:
You must be at least 16 years of age to create an account on Framd and use the Service. By creating an account and using the Service, you represent and warrant that you can form a binding contract with Framd, and you will comply with this Agreement and all applicable local laws.
3 PURPOSE
The Service is for the sole purpose of allowing you ("the User") to view art work ("The Work") uploaded to our platform by an artist ("the Artist") or seller of art, being a gallery owner, art dealer or individual reselling their own art ("the Non-artist") together, with the Artist, ("The Exhibiters") and express a preference of your opinion on that Work and/or contact the Exhibiter if you so wish to enquire about further details.
4 AGENCY
You acknowledge that the Company is acting as agent for the Exhibiter and that it is promoting the Work and the Exhibiter through the Service. You are free to enter into an agreement with any Exhibiter to request further details such as terms of sale. Any contract or agreement between you and the Exhibiter or any third party in connection with the Work will be without liability or obligation of the Company.
5 USE OF EXHIBITER'S DATA
Where the Company provides you with the contact details of the Exhibiter this is solely for the purpose of you to enquire further about the Work and enable you to conclude a contract of sale or other agreement with the Exhibiter. You must not use the data or copy the data for any other purpose or to any third party save as is required to form such contract or other agreement.
6 TERM AND TERMINATION
This Agreement will remain in full force and effect while you use the Service and/or have a Framd account. You may terminate your account at any time, for any reason, by emailing "leave@getframd.com". The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement in its sole discretion. After your account is terminated, this Agreement will terminate, except that the following clauses will still apply: 6, 9, 10, 14, 17, 18 and 19.
7 ACCOUNT SECURITY
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Framd, and you are solely responsible for all activities that occur under those credentials. You agree to immediately notify the Company of any disclosure or unauthorised use of your login credentials at help@getframd.com.
8 YOUR INTERACTIONS WITH EXHIBITORS AND OTHER USERS.
8.1 The Company is not responsible for the conduct of an Exhibitor or any other user. As noted in clause 4, 14, 16, in no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, theft, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with the Exhibiters or other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to an Exhibiter or another user. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to an Exhibiter or any other users without first doing your own due diligence on the exhibiter or other user which the company is not responsible for. If you have agreed with an Exhibiter to purchase their Work then you are responsible for making sure that you have been given the correct payment details and that any other information you have shared with each other has been verified.
8.2 The Company has sole right to block any user if The Company deems that user to be exploiting the platform in a way that The Company deems to be inappropriate.
9 PROPRIETARY RIGHTS
9.1 Save as provided below the Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9.2 The Company has been granted a licence by the Exhibitor to reproduce and display images of their Work for the sole purpose of being viewed by the user or to be used by the Company for marketing purposes. Such licence extends to the User to allow you to view the image, but does not allow you to reproduce, modify or create derivative Works without the prior consent of either the Company or the Exhibitor.
10 CONTENT POSTED BY YOU IN THE SERVICE
10.1 You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (collectively, "post") on the Service or transmit to other users, including text messages, chat, videos, photographs, or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates the Company, the Exhibiter or another person's rights (including intellectual property rights, and rights of privacy and publicity). Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the Company may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Service in the future; or (v) protect the rights, property or personal safety of the Company or any other person.
10.2 You agree that any Content you place on the Service may be viewed by the Exhibiter and other users and may be viewed by the Exhibiter or any person visiting or participating in the Service (such as individuals who may receive shared Content from other Framd users).
11 PROHIBITED ACTIVITIES
11.1 The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
11.1.1 Impersonate any person or entity;
11.1.2 Solicit money from any users; solicit money from any users save for the sole intention of purchasing art work;
11.1.3 Post any Content that is prohibited by Section 10 (content restrictions);
11.1.4 Harass any person;
11.1.5 Express or imply that any statements you make are endorsed by the Company or the Exhibiter without our or their specific prior written consent;
11.1.6 Use the Service in an illegal manner or to commit an illegal act;
11.1.7 Access the Service in a jurisdiction in which it is illegal or unauthorised;
11.1.8 Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
11.1.9 Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service;
11.1.10 Interfere with or disrupt the Service or the servers or networks connected to the Service;
11.1.11 Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11.1.12 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software);
11.1.13 "Frame" or "mirror" any part of the Service, without the Company's prior written authorisation;
11.1.14 Use meta tags or code or other devices containing any reference to the Company or the Service (or any trademark, trade name, service mark, logo or slogan of the Company) to direct any person to any other website for any purpose;
11.1.15 Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so;
11.1.16 Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
12 CUSTOMER SERVICE
The Company provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behaviour towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
13 MODIFICATIONS TO SERVICE
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
The Company will terminate the accounts of repeat infringers.
14 DISCLAIMERS
14.1 You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. To the maximum extent allowed by applicable law, the company provides the service on an "as is" and "as available" basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the service (including all content contained therein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. The company does not represent or warrant that the service will be uninterrupted or error free, secure or that any defects or errors in the service will be corrected.
14.2 Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the service.
14.3 From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. The company does not: (i) guarantee the accuracy, completeness, or usefulness of any third party content provided through the service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears in the service. Under no circumstances will the company or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the service, or transmitted to or by any users.
15 LINKS
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that the Company is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
16 LIMITATION ON LIABILITY
16.1 To the fullest extent allowed by applicable law, in no event will the company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if the company has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service while you have an account.
16.2 Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
17 GOVERNING LAW
17.1 This Agreement, and any dispute between you and the Company, shall be governed by the laws of England.
17.2 You can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
18 NOTICE
The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
19 ENTIRE AGREEMENT
This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Framd account is non-transferable and all of your rights to your profile or contents within your Framd account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

EXHIBITERS TERMS AND CONDITIONS

CONTRACT DETAILS
(A) This Contract is made up of the following:
  1. Mobile Application Terms and Conditions
  2. The Contract Details
  3. The Conditions
  4. The Schedule specified in the Contract Details.
(B) If there is any conflict or ambiguity between the terms of the documents listed in paragraph 0, a term contained in a document higher in the list shall have priority over one contained in a document lower in the list.
This Contract has been entered into on the date stated at the beginning of it.
CONDITIONS
1 INTERPRETATION
1.1 Definitions
Agent: Framd Limited (Company Number: 10391349).
Agents Registered Office: 15 Warwick Road, Stratford Upon Avon, Warwickshire, United Kingdom, CV37 6YW.
App: the mobile application downloaded under the terms of the Mobile Application Terms and Conditions.
Art Work(s): The images of artistic and creative Art Works which are uploaded to the platform.
Art Work Intellectual Property: all intellectual property rights owned or used by the Artist in connection with the manufacture and marketing of the Art Works (including trade marks, service marks, business names, goodwill and the right to sue for passing off, domain names, and rights in confidential information) in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Artist: The person who is the creator and owner of the Art Work(s).
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Conditions: these terms and conditions.
Contract: this contract under which the Artist appoints the Agent as its marketing agent, in accordance with the Contract Details, these Conditions and any Schedules.
Control: shall be as defined in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Cooling Off Period: 14 days as set out in clause 11.10.
Exhibiter: The collective term for both the Artist and the Non-artist.
Effective Date: the date of download and acceptance of this agreement.
Minimum Term: the period for which the Art Works are listed on the App.
Non-artist: The person (where applicable) who represents the Artist for example a gallery owner or agent or is the current owner of the Art Work(s) in either a professional or non-professional capacity.
Territory: the United Kingdom.
User: a user of the App who is seeking to view and contact the Exhibiter to discuss terms of sale
2 INTERPRETATION
2.1 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 any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
2.2 Any words following the terms including, include, in particular 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.
2.3 A reference to writing or written includes faxes and email.
3 APPOINTMENT
3.1 The Exhibiter appoints the Agent as its non-exclusive marketing agent to promote the Art Work by the Exhibiter to Users in the Territory on the terms of this Contract and the Exhibiter and Agent accept the appointment on those terms. Nothing in this Contract or otherwise shall make the Agent an employee of the Exhibiter.
3.2 The Exhibiter shall be free to appoint any other person as its agent, distributor, reseller or franchisee for the sale of the Art Works in the Territory, and the Agent shall not be entitled to any commission on the value of sales achieved via these channels.
3.3 The Exhibiter shall be entitled to market and sell the Art Work directly to Users in the Territory and the Agent shall not be entitled to any commission on the value of such sales.
4 AGENT'S OBLIGATION
4.1 Consistent with its general compliance obligations under clause 13, the Agent shall comply with all the applicable obligations imposed on agents by common law and statute (including the Commercial Agents (Council Directive) Regulations 1993 (SI 1993/3053), where applicable).
4.2 The Agent shall be permitted to advertise and promote the Art Works in the Territory through the App.
4.3 The Exhibiter shall indemnify the Agent against:
4.3.1 Any liabilities imposed on the Agent as a result of the Exhibiter breaching any law from time to time in force in the Territory;
4.3.2 Any liabilities in relation to breaches Art Work Intellectual Property rights;
4.3.3 Any breaches of advertising standards or promotion regulations.
4.3.4 This clause 5.3 shall survive termination of the Contract.
5 PRICES AND SUPPLY TERMS AND CONDITIONS
The Agent shall where applicable notify to any User that all sales of the Art Works by the Exhibiter shall be at the Exhibiter's discretion and that any price is to be agreed between the User and the Exhibiter who's details are provided from time to time by the Exhibiter to the Agent and then shared by the Agent with the User.
6 ARTIST'S AND EXHIBITER'S OBLIGATIONS
6.1 The Exhibiter shall supply such suitable images of the Art Works for uploading to the App so that they fairly and accurately represent the Art Works and in accordance with all current advertising and promotion rules.
6.2 The Artist and any Non-artist confirm that they are either the owner of the Art Work or a Non-artist approved by the Artist or other owner. They also confirm that they have all necessary Art Work Intellectual Property Rights to display images of the Art Works on the App.
6.3 The Exhibiter grants a royalty free licence to display an image of the Art Work on the App and for Users to view that image.
6.4 The Exhibiter may not upload images which are (but not limited to those which are), in breach of the intellectual property rights of others, offensive, indecent, pornographic or inciting racial hatred and the Agent has the right to remove any and all images at its discretion.
7 PAYMENTS
7.1 During the term of this Contract, the Exhibiter shall pay to the Agent the fee specified on the App at the time of the purchase, including VAT, as payment for the use of the App and promotion of the Art Works and other services.
7.2 Pay as you go, also known as Framd Basic. The Exhibiter shall pay the Agent the payments due under this Contract on the date that they upload images of the Art Works.
7.3 Automatic Subscription Renewals. Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the Platform with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our Platform for which we charge, you authorize us to keep your payment current by charging your credit card account (or any other means of payment used by you) the applicable fee. While you may cancel auto-renewal or cancel your subscription at any time, you won’t be issued a refund except in our sole discretion.
7.4 All sums payable under this Contract are exclusive of amounts in respect of value added tax (VAT), which shall be payable at the prevailing rate (if applicable). A VAT invoice shall be provided against any payment.
7.5 Payment processing services for exhibitors on Framd Limited are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Exhibitor on Framd Limited, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Framd Limited enabling payment processing services through Stripe, you agree to provide Framd Limited accurate and complete information about you and your business, and you authorize Framd Limited to share it and transaction information related to your use of the payment processing services provided by Stripe.
8 INTELLECTUAL PROPERTY AND DATA
8.1 The Agent and any Non-artist acknowledges that the Art Work Intellectual Property belongs to the Artist or owner of the original Art Work, but the Artist or owner of the original Art Work has granted a royalty free licence to the Agent to:
8.1.1 Display images of the Art Works on the App and distribute to the Users;
8.1.2 Use the Art Works for marketing purposes.
8.2 The Agent accepts that it is only permitted to use the Art Work Intellectual Property for the purposes of and during the term of this Contract and only as authorised by the Artist or owner of the original Art Work under this Contract.
8.3 The Agent will ask for from the Artist or the Exhibiter and may make available to a User the personal information and contact details of the Artist or the Exhibiter to allow the User to contact them with a view to entering into a contract for sale of the Art Work. While the Agent may place restrictions on the User for the use of that data the Agent shall not be liable if the User misuses that data.
9 WORK LIABILITY, INSURANCE AND RECALLS
The Artist shall indemnify the Agent against any liability incurred by the Agent in respect of damage to property, death or personal injury arising from any fault or defect in the materials or workmanship of the Art Works and any reasonable costs, claims, demands and expenses arising out of or in connection with that liability, except to the extent that the liability arises as a result of the action or omission of the Agent. This clause 10 shall survive termination of the Contract.
10 DURATION AND TERMINATION
10.1 This Contract shall take effect from the date of the downloading of the App. Unless terminated earlier in accordance with law or its terms, it shall continue for term that images of the Art Works are uploaded to the App.
10.2 For the purposes of clause 11.1, the notice period shall be not less than 1 month. Notice may be given and end on any day of a calendar month.
10.3 Without affecting any other right or remedy available to it, the Agent may terminate this Contract with immediate effect by giving written notice to the Exhibiter if:
10.3.1 The Exhibiter commits a material breach of any term of this Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 10 days after being notified in writing to do so.
10.3.2 The Agent repeatedly breaches any of the terms of this Contract in such a manner as to reasonably justify the opinion that the Agent's conduct is inconsistent with the Agent having the intention or ability to give effect to the terms of this Contract.
10.3.3 The Exhibiter takes or has taken against it any step or action in connection with its entering into administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
10.3.4 The Exhibiter (where it is an individual) takes any step or action in connection with the Agent being made bankrupt, entering any composition or arrangement with his creditors, having a receiver appointed to any of his assets, or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.
10.3.5 Once you have accepted these terms and conditions you will have a period of 14 days within which to cancel this agreement. Should you wish to do so please email us on Leave@getframd.com with the subject heading "termination of app".
10.4 If you have paid for the services, but not uploaded any content then in your email terminating the services please confirm the details of the amount of the payment, the date paid and any reference with that payment. Please also provide details of an account that we can refund the payment to. We will then refund your payment within 14 days of receiving a complete notice of termination.
10.5 You may not exercise this cooling off period if you have already paid for and uploaded content to the App. Doing so will waive your 14 day cooling off period.
10.6 You must also delete the App from your device within those 14 days of serving the above termination notice.
11 CONSEQUENCES OF TERMINATION
11.1 Termination of this Contract shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
11.2 On termination of this Contract:
11.2.1 If and to the extent that the Commercial Agents (Council Directive) Regulations 1993 apply, and provided that the Agent gives notice of its intention as required thereunder, the Agent shall, unless any of the circumstances mentioned in regulation 18 of those Regulations applies, have the right to be indemnified as provided in regulation 17 of those Regulations.
11.2.2 The Agent shall have the right to remove any images uploaded to the App.
11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
12 COMPLIANCE
12.1 Each party shall at its own expense comply with all laws and regulations relating to its activities under this Contract, including but not limited to the Bribery Act 2010, and with all and any conditions binding on it in any applicable licences, registrations, permits and approvals.
12.2 The Exhibiter shall give the Agent as much advance notice as possible of any prospective or actual changes in laws and regulations applicable to the marketing of the Art Works in the Territory.
13 LIMITATION OF LIABILITY
13.1 Nothing in this Contract shall limit or exclude the liability of either party for:
13.1.1 Death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable).
13.1.2 Fraud or fraudulent misrepresentation.
13.1.3 The indemnities contained in clauses 5.3 to 10.
13.1.4 Any matter in respect of which it would be unlawful to exclude or restrict liability.
13.2 Subject to clause 14.1:
13.2.1 Neither party shall under any circumstances whatsoever be liable to the other, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:
13.2.1.1 Any loss of profit, revenue, or anticipated savings; or
13.2.1.2 Any loss that is an indirect or secondary consequence of any act or omission of the party in question.
13.2.2 The total liability of either party to the other in respect of all other loss or damage arising under or in connection with this Contract excluding liability arising in connection with the supply of goods pursuant to this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed to the amount paid by the Exhibiter to upload their images of their Art Works to the App for the entire term of this Contract.
14 FORCE MAJEURE
Neither party shall be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control. If the period of delay or non-performance continues for 21 days, the party not affected may terminate this Contract by giving 21 days written notice to the affected party.
15 ASSIGNMENT AND OTHER DEALINGS
15.1 The Exhibiter shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Contract without the Agent's prior written consent.
15.2 The Agent may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under this Contract.
16 CONFIDENTIALITY
16.1 Each party undertakes that it shall not at any time during this Contract, and for a period of two years after termination of this Contract, disclose to any person any confidential information concerning the business, affairs, Users, clients or suppliers of the other party, except as permitted by clause 17.2.
16.2 Each party may disclose the other party's confidential information:
16.2.1 To its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under this Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 17.3; and
16.2.2 As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
16.3 No party shall use any other party's confidential information for any purpose other than to perform its obligations under this Contract.
17 ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
18 VARIATION
No variation of this Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
19 WAIVER
19.1 A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not:
19.1.1 Waive that or any other right or remedy.
19.1.2 Prevent or restrict the further exercise of that or any other right or remedy.
20 SEVERANCE
If any provision or part-provision of this Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Contract.
21 NOTICES
21.1 Any notice or other communication given to a party under or in connection with this Agreement shall be in writing, addressed to that party at its registered office or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, or sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
21.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in 22.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed; or, if sent by fax or email, one Business Day after transmission.
21.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
22 THIRD PARTY RIGHTS
No one other than a party to this Contract, their successors and permitted assignees, shall have any right to enforce any of its terms.
23 GOVERNING LAW
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
24 JURISDICTION
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

PRIVACY POLICY

FRAMD LIMITED (We) are committed to protecting and respecting your privacy.
SCOPE OF POLICY
This policy (together with our end-user licence agreement as set out at getframd.com (EULA) and any additional terms of use incorporated by reference into the EULA, together Our Terms of Use) applies to your use of:
  1. The Framd mobile application software (App) available at the apple app store, once you have downloaded or streamed a copy of the App onto your mobile telephone or handheld device (Device); and
  2. Any of the services accessible through the App (Services) that are available on the App Site or other sites of ours (Services Sites), unless the EULA states that a separate privacy policy applies to a particular Service, in which case that privacy policy only applies.
This policy sets out the basis on which any personal data We collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how We will treat it.
For the purpose of the Data Protection Act 1998, the data controller is Framd Limited of 15 Warwick Road, Stratford Upon Avon, Warwickshire, United Kingdom, CV37 6YW.
INFORMATION WE COLLECT FROM YOU
We will collect and process the following data about you:
  1. Information you give us (Submitted Information). This is information you give us about you by filling in forms on the App Site and the Services Sites (together Our Sites), or by corresponding with us (for example, by e-mail). It includes information you provide when you register to use the App Site, download or register an App, subscribe to any of our Services, search for an App or Service, share data via an App's social media functions, and when you report a problem with an App, our Services, or any of Our Sites. If you contact us, We will keep a record of that correspondence. The information you give us may include your name, address, e-mail address and phone number, the Device's phone number, age, gender, username, password and other registration information, financial and credit card information, personal description and photograph.
  2. Information We collect about you and your Device. Each time you visit one of Our Sites or use one of our Apps We will automatically collect the following information:
    1. Technical Information, including the type of mobile device you use, a unique device identifier (for example, your Device's IMEI number, the MAC address of the Device's wireless network interface, or the mobile phone number used by the Device), mobile network information, your mobile operating system, the type of mobile browser you use, time zone setting (Device Information); and
    2. Details of your use of any of our Apps or your visits to any of Our Sites including, whether this is required for our own billing purposes or otherwise and the resources that you access (Log Information).
  3. Location Information. We also use GPS technology to determine your current location. Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by corresponding with us by email.
  4. Unique application numbers. When you install or uninstall a Service containing a unique application number or when such a Service searches for automatic updates, that number and information about your installation, for example, the type of operating system, may be sent to us.
  5. Cookies. Cookies and use of cookie and similar data. When you visit our Service, we may assign your device one or more cookies or other technologies that facilitate personalization to facilitate access to our Service and to personalize your experience. Through the use of a cookie, we also may automatically collect information about your activity on our Service, such as the pages you visit, the time and date of your visits and the links you click. If we advertise, we (or third parties) may use certain data collected on our Service to show you Framd advertisements on other sites or applications.
How we use the information we collect
In General. We may use information that we collect about you to:
  1. Deliver and improve our products and services, and manage our business;
  2. Manage your account and provide you with customer support;
  3. Perform research and analysis about your use or, interest in, our or others' products, services, or content;
  4. Communicate with you by email, postal mail, telephone and/or mobile devices about product or services that may be of interest to you;
  5. Develop, display, and track content and advertising tailored to your interests on our service and other sites, including providing our advertisements to you when you visit other sites;
  6. Website or mobile application analytics;
  7. Verify your eligibility and deliver prizes in connection with contests and sweepstakes;
  8. Enforce or exercise any rights in our Terms of Use, and
  9. Perform functions or services as otherwise described to you at the time of collection
We may associate any category of information with any other category of information and will treat the combined information as personal data in accordance with this policy for as long as it is combined.
We do not disclose information about identifiable individuals to our advertisers, but We may provide them with anonymous aggregate information about our users (for example, We may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We will use of the personal data We have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
You agree that We have the right to disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006.
We will disclose your personal information to third parties:
  1. In the event that We sell or buy any business or assets, in which case We will disclose your personal data to the prospective seller or buyer of such business or assets.
  2. If Framd Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
  3. If We are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request.
  4. In order to:
    1. Enforce or apply the EULA, Our Terms of Use (found at getframd.com) terms and conditions of supply and other agreements or to investigate potential breaches; or
    2. Protect the rights, property or safety of Framd Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
Where We store your personal data
Unfortunately, the transmission of information via the internet is not completely secure. Although We will do our best to protect your personal data, We cannot guarantee the security of your data transmitted to Our Sites; any transmission is at your own risk. Once We have received your information, We will use strict procedures and security features to try to prevent unauthorised access.
Your rights
Our Sites may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates (including, but not limited to, websites on which the App or the Services are advertised). If you follow a link to any of these websites, please note that these websites and any services that may be accessible through them have their own privacy policies and that We do not accept any responsibility or liability for these policies or for any personal data that may be collected through these websites or services, such as contact and location data. Please check these policies before you submit any personal data to these websites or use these services.
Access to information
The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. Any access request will be subject to a fee of £50 to meet our costs in providing you with details of the information We hold about you.
Changes to privacy policy
Any changes We may make to our privacy policy in the future will be posted on this page. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services.
Contact
Questions, comments and requests regarding this privacy policy are welcomed and should be sent to help@getframd.com