iMeshh Ltd – Terms and Conditions & Privacy Policy (below)

1.These terms

  1. What these terms cover. These are the terms and conditions which cover your receipt of the Services and your subscription to access and download the iMeshh Products (defined below) via our website, www.imeshh.com (the Website), as per the terms of your chosen Subscription Package (also defined below).
  2. Why you should read them. Please read these terms (the Terms) carefully before you register with us. The Terms tell you who we are, how we will make available the iMeshh Products and the Services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms, please contact us to discuss this.
  3. Are you a business customer or a consumer? In these Terms we have highlighted areas where different rights apply depending on whether you are a business or consumer. You are a consumer if:
    • You are an individual.
    • You are downloading digital assets from us wholly or mainly for your personal use (not for use in connection with your trade, business, craft or profession).
  4. If you are a business customer this is our entire agreement with you. If you are a business customer these Terms constitute the entire agreement between us in relation to your subscription to receive the Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

 

  1. Information about us and how to contact us

  1. Who we are. We are iMeshh Ltd, a company registered in England and Wales. Our company registration number is 11378052 and our registered office is at 15 Good Intent, Edlesborough, Dunstable, England, LU6 2RD. We refer to ourselves as we, us or our in this document.
  2. How to contact us. You can contact us by writing to us at office@imeshh.com. We aim to reply to all messages within 24 hours, however please note that in some instances this may take longer. If you have any issues please tell us them in as much detail as possible in your message to allow us to better assist you.
  3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when you sign up.
  4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

  1. Registration and set up 
  1. In order for us to register you and give you access to your chosen subscription, you agree to supply us with all relevant information we request from you during the registration process, such as your name, address, contact information, website, email address, telephone number, username (which you may need to replace if your desired one is unavailable), password, payment information in accordance with Clause 4.2, chosen Subscription Package and any other relevant details we may require as part of the registration process and you must provide us with all such information.  To understand how we use any personal data you provide, please see [link to the Privacy Policy].
  2. You must comply with our eligibility requirements. When you choose a Subscription Package you are confirming that you satisfy any eligibility requirements specified in relation to that Subscription Package (for example minimum revenue requirements). More details of such eligibility requirements are on our Website.  We may request reasonable evidence that you meet any such eligibility requirements and you agree to provide this on request. If we are not satisfied that you meet an eligibility requirement or if we consider your eligibility to have changed, then we may reject, suspend or adjust your subscription accordingly.
  3. You must not choose a password that can be readily guessed.  You must keep your password strictly confidential and secure and immediately change your password and notify us if you suspect that any unauthorised third party becomes aware of that password or if you become aware of any unauthorised use of your email address or password or there is any breach of security known to or suspected by you.  You agree that any person to whom your username or password is disclosed is authorised to act as your agent for the purposes of using your subscription.  You are entirely responsible if you do not maintain the confidentiality of your password.  You are also entirely responsible for bringing these Terms to the attention of all persons who may access your subscription through your password or your internet connection.  You agree to regularly change your password and in any event when we require.
  4. Our acceptance of your registration will take place when we communicate this to you expressly at the end of the registration process or separately via email. At that point a contract will come into existence between you and us.
  5. We reserve the right to decline a new registration for any reason. If we are unable to accept your registration, we will inform you of this and will not charge you for a subscription. This might be because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of a Subscription Package, because we are unable to meet a requirement you have requested or for any other reason.
  6. We recognise that our Website might be accessed from outside the UK. Unfortunately, we cannot confirm and do not represent that content available on or through our site is appropriate for use or available in other locations.

 

  1. Subscription Packages, Fees and payment
  1. Before you can receive the Services and access the functionality of your chosen Subscription Package via our Website, we must have: 
    1. processed and accepted your registration in accordance with Clause 3; and
    2. received the relevant Fee from you, if applicable, in respect of your Subscription Package. 
  2. As part of the registration process, we may provide a link to third-party websites, plug-ins or applications to process payment. The third parties we use are Stripe and PayPal. Clicking on those links or enabling those connections may allow such third parties to collect or share data about you. We do not control these third-party websites and we are not responsible for their terms and conditions or privacy statements. When you leave our website, we encourage you to read the privacy policy and terms and conditions of every website you visit. We shall confirm your order and payment details, together with any applicable VAT, either at the end of the registration process or via email once you have provided all necessary information and confirmed your subscription selection.
  3. If you are eligible for a discount on your Fees we will confirm this to you in writing. If this is the case, the relevant Fees shall be adjusted accordingly to reflect that discount. 
  4. The Fees shall be payable to us in dollars (USD), unless another currency is agreed between you and us in writing. 
  5. Our right of set-off if you are a business customer. If you are a business customer you must pay all amounts due to us under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
  6. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
  7. What to do if you think any fees charged are wrong. If you think any charges are wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
  8. If you fail to make any payment due to us under these Terms in cleared funds by the due date for payment, then, without limiting our other rights or remedies (whether under this agreement or at law), we may give you notice with immediate effect that we are suspending this agreement, including suspending access to your subscription, until we have received the outstanding sums in full.
  9. Termination or expiry of these Terms, howsoever arising, shall not affect the continuation in force of the amounts owing under this Clause 4 prior to termination or expiry. 
  10. Details of the particular Subscription Packages that we may make available are on our Website.    
  11. You shall update us of any change you wish to make to your current Subscription Package at least one Business Day before you wish the change to take effect, and you agree to pay the relevant Fee if there is a change. 

 

  1. Receipt of Services and access to iMeshh Products
  1. Downloading the iMeshh Products. Subject to:
    1. your successful registration in accordance with Clause 3 (Registration and set-up);
    2. payment of the applicable Fees in relation to your Subscription Package in accordance with Clause 4 (Subscription Packages, Fees and payment); 
    3. any other restrictions or limitations specified in your specific Subscription Package; and
    4. Clause 5.3, clause 14 and any other provisions of these Terms;
      we grant you a non-exclusive, non-transferable, perpetual (subject to clause 14.5) , royalty-free, licence to access, download and use the iMeshh Products (the Licence)
  2. The iMeshh Products and Services may vary slightly from their descriptions on the Website. Any images of the digital products and descriptions are for illustrative purposes only and once downloaded the iMeshh Products may differ depending on the device you use to access or download them
  3. The licence granted pursuant to Clause 5.1 is subject to the following restrictions. You agree not to: 
  1. breach any restrictions specified in these Terms or the description of your particular Subscription Package; 
  2. display the iMeshh Products in a videogame or like medium in such a way as to enable reverse engineering, unpacking or otherwise backwards reconfiguration of the relevant iMeshh Product(s); and
  3. sell on any iMeshh Products, even if modified, unless we have given prior specific consent to this and provided that such iMeshh Products are labelled clearly as coming from www.imeshh.com
  1. Adaptation of digital content to physical items. After downloading an iMeshh Product, if you use it to design, build or inspire the creation of physical product then you expressly acknowledge that you do so entirely at your own risk. iMeshh shall not be responsible for any adaption of the iMeshh Products by you into physical products.
  2. Third party branded items. Whilst we take steps to ensure the iMeshh Products do not contain any third party branded items, you agree that to the extent there is any third party branded content, you will only use that content in accordance with any licence terms that the ultimate brand owner imposes.
  3. Number of iMeshh Products. We will aim to make available thirty new iMeshh Products per month via the Website, depending on your Subscription Package, provided that this is just a target that we set ourselves and shall not constitute an obligation to meet any quotas in relation to the number of iMeshh Products released or otherwise available on the Website

 

  1. Intellectual Property
  1. You hereby acknowledges that, as between you and us, all Intellectual Property Rights in the iMeshh Products and the Website are owned by or licensed to us.  Save for the Licence, nothing in this contract shall operate to transfer or grant any such Intellectual Property Rights to you or any person. 
  2. We shall own all Intellectual Property Rights in Product Developments. To the extent that we are not otherwise the owner of any Intellectual Property Rights in the Product Developments, you hereby assigns to us (by way of present and future assignment of copyright) all such Intellectual Property Rights in the Product Developments.
  3. We reserve the right to revise or amend the format and/or content of the iMeshh Products or Services from time to time, provided that if we do so, we shall use reasonable endeavours to ensure that there is no adverse change in the content, quality or performance of the iMeshh Products or Services.
  4. Except to the extent expressly permitted in these Terms or at law, you shall not reproduce, copy, publish, post, broadcast, transmit, disseminate, sell, license, distribute, circulate, make available, alter, vary, modify, translate, disassemble, decompile, recompile or reverse engineer the iMeshh Products or infringe our Intellectual Property Rights, or enter into an arrangement, agreement or understanding which would or might allow or encourage a third party to do so.  We shall make available any necessary interoperability information on request, subject to you first paying us a reasonable fee for providing such information.  Any reproduction of the iMeshh Products shall be our property. 
  5. You shall promptly inform us in writing in the event that you become aware of any unauthorised use of or access to the iMeshh Products or Services, or any actual or suspected infringement of any of our Intellectual Property Rights, and you shall provide all further co-operation we reasonably request.

 

  1. Customer Responsibilities
  1. You shall not use the iMeshh Products, Services or Website for any illegal or unlawful purpose, or any purpose which may bring us, or our business, products or services provided by us, into disrepute.
  2. You shall comply with all reasonable instructions as to the use of and access to the iMeshh Products, Services or Website which may be given by us from time to time in writing or posted on the Website from time to time.
  3. You shall be responsible for ensuring that your systems, devices and networks meet any minimum requirements necessary for you to be able to access the Website, receive the Services or download and use the iMeshh Products.  We shall not be responsible for any failure in this respect to the extent caused by a failure or inadequacy of your systems, devices or networks.
  4. You shall not knowingly or negligently upload, post, publish, transmit or transfer to the Website or the iMeshh Products, or otherwise transfer to us, any software, files or other material which: 
    1. is, defamatory, illegal, obscene, threatening, abusive or offensive (or is likely to be perceived as such); 
    2. is in breach of or infringes any Intellectual Property Rights; 
    3. is a Contaminant or otherwise likely to cause damage to, or adversely affect, data, software or the performance or availability of the iMeshh Products or Website; or
    4. is in breach of any applicable law, regulation, bye-law, code of practice, licence, permit, authorisation or registration.
  5. Without prejudice to our other rights and remedies, we reserve the right to remove or amend any such software, files or material which would contravene these prohibitions.
  6. You shall not:
    1. interfere with any other person’s use of the iMeshh Products, Services or the Website or otherwise act in a way that negatively affects another user’s use of or access to the same; or
    2. cause any of the iMeshh Products, Services or the Website to be interrupted, damaged, rendered less efficient or in any way impaired.
  7. Save as may be expressly stated otherwise, we do not monitor, approve, endorse or exercise editorial control over any content you may transmit, or that may be made available by other subscribers or third parties via the Website, and, accordingly, we give no warranty, representation or undertaking in respect of such information.
  8. From time to time, we may issue updates.  Depending on the update, you may not be able to access or use some or all of the iMeshh Products, Services or functionality available via the Website. 

 

  1. Your rights to make changes
  1. If you wish to make a change to your Subscription Package please contact us. If it is possible we will let you know about any changes to the applicable Fees and anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

 

  1. Our rights to make changes
  1. Minor changes. We may make changes the iMeshh Products, Services, your Subscription Package and these Terms:
    1. to reflect changes in relevant laws and regulatory requirements; and
    2. to implement minor technical adjustments and improvements, for example to address a security threat
  2. More significant changes.  In addition, as we informed you on our website, we may make more substantial changes to the iMeshh Products, Services, your Subscription Package and these Terms, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund provided that, in relation to such refund, we may deduct an amount in respect of services provided, with the effect that such refund will only comprise services paid for but not received.
  3. Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.



10.Providing the digital content

  1. We provide a subscription service whereby you may access and download digital content, being the iMeshh Products. Subject to these Terms, you will have such access until your subscription expires or you end the contract as described in this clause 10 or we end the contract by written notice to you as described in clause 12.
  2. We are not responsible for delays outside our control. If access to our Website, receipt of the Services or your subscription 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 the contract and receive a refund for any portion of any Subscription Package you have paid for but not used.
  3. Responsibility for the digital content. Subject to clause 6 (Intellectual Property), responsibility in relation to each iMeshh Product you download will be yours from the time you download it.
  4. Ownership. We own the iMeshh Products but you are granted a licence to use them in accordance with clause 5.1 and any other restrictions in these Terms. 
  5. Reasons we may suspend your subscription. We may have to suspend access in order to:
    1. deal with technical problems or make minor technical changes;
    2. update the Website, Services or product descriptions to reflect changes in relevant laws and regulatory requirements;
    3. make changes as may be requested by you or notified by us to you (see clause 9).
  6. Your rights if we suspend. We will contact you in advance to tell you if we will be suspending access to the Website, the Services or your subscription, unless the problem is urgent or an emergency. Depending on the length of the suspension, we may adjust the price so that it reflects the services you have actually received. You may contact us to end the contract if there is a suspension lasting longer then one month, in which case we will refund you any sums paid in advance for services not used after the end of the contract.
  7. We may also suspend your subscription if you do not pay. If we are unable to collect payment from you or you otherwise do not pay us for the your Subscription Package when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend your access to the Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending your subscription. We will not suspend where you dispute the unpaid invoice (see clause 4.7). We will not charge you for any subscription during the period for which it is suspended. As well as suspending your subscription we can also charge you interest on your overdue payments (see clause 4.6).

  1. Commencement and Duration
  1. Your contract with us shall commence on the Commencement Date and shall apply for the length of your chosen Subscription Package, unless terminated earlier or renewed in accordance with these Terms. When your chosen Subscription Package period comes to an end, unless any notice has been provided in advance by either party to the contrary, the chosen Subscription Period shall automatically renew for a further period of one year.

  1. Your rights to end the contract
  1. You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong, how we are performing, when you decide to end the contract and whether you are a consumer or business customer:
    1. If the subscription you have bought does not work or is misdescribed then you may have a legal right to end the contract (or to have the services re-performed or to get some or all of your money back), see clause 16 if you are a consumer and clause 17 if you are a business;
    2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 12.2;
    3. If you are a consumer and have just changed your mind about your purchase, see clause 12.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions;
    4. In all other cases (if we are not at fault and you are not a consumer exercising your right to change your mind), see clause 12.6.
  2. Ending the contract because of something we have done or are going to do. If you are ending the contract for a reason set out at 12.2.1 to 12.2.5 below, the contract will end immediately and we will refund you in full for any Services which have not been provided and you may also be entitled to compensation. The reasons are:
    1. we have told you about an upcoming change to your Subscription Package, the iMeshh Products, Services or the Terms which you do not agree to (see clause 9.2);
    2. we have told you about an error in the price or description of the Services or Subscription Package you have ordered and you do not wish to proceed;
    3. there is a risk that supply of the Services may be significantly delayed because of events outside our control;
    4. we have suspended the Website or Services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
    5. you have a legal right to end the contract because of something we have done wrong.
  3. Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most products or services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Terms.
  4. When consumers do not have a right to change their minds. Your right as a consumer to change your mind does not apply in respect of:
    1. digital products after you have started to download or stream these;
    2. services, once these have been completed, even if the cancellation period is still running;
    3. sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; and
    4. any products which become mixed inseparably with other items after their delivery.
  5. How long do consumers have to change their minds? Where you have signed up for a subscription to receive digital content, you have 14 days after the day we have confirmed we accept your order. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.
  6. Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you are not a consumer who has a right to change their mind (see clause 12.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for services is completed when we have finished providing the services and you have paid for them. If you want to end a contract before it is completed where we are not at fault and you are not a consumer who has changed their mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. How to end the contract with us (including if you are a consumer who has changed their mind)
  1. Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
    1. Email. Email us at office@imeshh.com. Please provide your name, home address, details of the subscription and, where available, your phone number and email address.
    2. Online. Via the My-Account section on our website.
    3. By post. By writing to us at 15 Good Intent, Edlesborough, LU26RD, including details of your subscription, when you ordered or received it and your name and address.
  2. How we will refund you. If you are entitled to a refund under these Terms we will refund you, by the method you used for payment. However, we may make deductions from the price, as described below.
  3. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
  4. When your refund will be made. We will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.
  1. Our rights to end the contract
  1. We may end the contract if you break it. We may end the contract at any time by writing to you if:
    1. you do not make any payment to us when it is due and you still do not make payment within 30 days of us reminding you that payment is due; or
    2. you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services, for example requested registration information.
  2. You must compensate us if you break the contract. If we end the contract in the situations set out in clause 14.1 we will refund any money you have paid in advance for services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  3. We may withdraw the services. We may write to you to let you know that we are going to stop making available your Subscription Package. We will let you know at least 30 days in advance of our stopping the supply and will refund any sums you have paid in advance for services which will not be provided.
  4. Without affecting any other right or remedy available to it, either party may terminate this agreement with immediate effect by giving written notice to the other party if the other party commits a material breach of any term of this agreement and (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified to do so. For the purpose of this clause a material breach shall include (but not be limited to) a breach of clauses 5 and 7.
  5. Termination of the Licence granted under clause 5.1.4. We may terminate the Licence in the event that the contract is terminated under this clause 14 or if there is any breach of the Licence conditions set out in clause 5.3.
  1. If there is a problem
  1. How to tell us about problems. If you have any questions or complaints about the services, the Website or your Subscription Package, please contact us. You can write to us via email at office@imeshh.com or via post at the address given in Clause 13.1.3.

 

  1. Your rights in respect of defective products if you are a consumer
  1. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the products. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital content, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a) If your digital content is faulty, you’re entitled to a repair or a replacement.

b) If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

c) If you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation.

See also clause 12.3.

If your product is services, the Consumer Rights Act 2015 says:

a) You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

b) If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

c) If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

See also clause 12.2.
  1. Our responsibility for loss or damage suffered by you if you are a consumer
    1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
    2. 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; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 16.1; and for defective products under the Consumer Protection Act 1987.
    3. When we are liable for damage caused by defective digital content. If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    4. We are not liable for business losses. If you are a consumer we only supply the services and digital content for to you for domestic and private use. If you use them for any commercial, business or re-sale purpose our liability to you will be limited as set out in clause 18.
  2. Our responsibility for loss or damage suffered by you if you are a business
    1. Nothing in these Terms shall limit or exclude our liability for:
      1. death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
      2. fraud or fraudulent misrepresentation;
      3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; 
      4. defective products under the Consumer Protection Act 1987; or
      5. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
    2. Except to the extent expressly stated in clause 17.1 all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
    3. Subject to clause 18.1:
      1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
      2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the greater of one hundred pounds (£100) and the total sums paid by you for your subscription under this contract in the last year.
  3. How we may use your personal information
    1. How we will use your personal information. We will only use your personal information as set out in our Privacy Policy – https://shop.imeshh.com/terms-conditions/].
  4. Other important terms
    1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for services not provided.
    2. 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 to this in writing.
    3. Nobody else has any rights under this. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
    4. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    5. 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. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
    6. Which laws apply to this contract and where you may bring legal proceedings if you are a consumer. These Terms are governed by English law and you can bring legal proceedings in respect of the products 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.
    7. Dispute resolution. Both parties agree to take reasonable steps to resolve any disputes amicably between themselves before escalating such dispute further for example to a court of competent jurisdiction..
    8. Which laws apply to this contract and where you may bring legal proceedings if you are a business. If you are a business, any dispute or claim arising out of or in connection with a contract between us 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 and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
  5. Definitions and Interpretation

The following definitions and rules of interpretation apply in this agreement.

Business Day: means a day other than (a) a Saturday, (b) a Sunday or (c) a day which is a bank holiday in England (as set out on www.gov.uk/bank-holidays for bank holidays in England).

  1. Commencement Date: means the date your subscription starts, which shall be as confirmed in your registration confirmation.
  2. Confidential Information: means any information in any form or medium obtained by one party from or on behalf of the other party pursuant to this agreement or which concerns the other party’s business, affairs, customers, clients or suppliers, and which is expressly marked as confidential or which a reasonable person would reasonably consider to be confidential whether disclosed or obtained before, on or after the Commencement Date together with any reproductions of such information or any part of this information (and 10outof10’s “Confidential Information” shall include any information relating to its methodology, software, Website, Services, Users, and those Users’ confidential information).  
  3. Contaminant: means any computer software routine intended or designed to disable, damage, erase, disrupt or impair the normal operation of, or provide unauthorised access to, or modification or monitoring of, any computer system or any software or information stored on any computer system, including viruses, worms, time bombs, time locks, drop-dead devices, access codes, security keys, back doors or trap door devices. 
  4. Fees: means the yearly subscription fee payable by you to us in accordance with Clause 4 in consideration for your access to your chosen Subscription Package. Information about the fees for each subscription package are on the Website. The particular fee you must pay will be as confirmed in your registration confirmation. 
  5. iMeshh Products: means the digital content created or developed by or on behalf of us, which we make available on our Website for download (in accordance with your particular Subscription Package), as are more specifically defined and described in the specifications on our Website, which may include 3D models, textures, plugins, collections, packages, materials, scripts, shapes, words, music, films, images, software, code and any other information we make available under your Subscription Package, including any other related documentation or material supplied, created or developed by or on behalf of us in conjunction with that product (including any Product Developments). The iMeshh Products may include a number of individual files of different file formats to make it easier for Customers to work in a variety of software applications (such as 3ds Max and Cinema 4D), and may also include other files (such as jpeg images used for texturing), and images or other files that are used for promotional purposes. This definition also includes derivative and intermediary files used for that purpose.
  6. Intellectual Property Rights: means all present and future copyright and related rights, trade marks and service marks, trade names and domain names, rights under licences, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, patents, rights to inventions, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and 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.
  7. Mandatory Polices: means our mandatory policies and procedures set out on our Website, and as may be amended by us notifying you from time to time in accordance with Clause 26.
  8. Product Developments: means any modules, configurations or customisations to the iMeshh Products or their delivery or provision that are developed by us for the you.
  9. Services: means the services we provide under this contract in order for you to access the functionality associated with your chosen subscription package.
  10. Subscription Package: means the available subscriber options listed on the Website at https://shop.imeshh.com/pricing/.
  11. Website: means our website available at www.imeshh.com 
  1. Headings –  Clause and paragraph headings shall not affect the interpretation of this agreement.
  2. Person –  A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
  3. Company –  A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
  4. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
  5. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
  6. Legislative references – Unless expressly provided otherwise in this agreement, a reference to legislation or a legislative provision is a reference to it as amended, extended or re-enacted from time to time, and shall include all subordinate legislation made from time to time under that legislation or legislative provision.
  7. Writing – A reference to writing or written includes e-mail.
  8. Including  –  Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
  9. Clauses – References to clauses are to the clauses of these Terms.  

 

 

 

Privacy Policy

 

This section informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data. .

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from shop.imeshh.com

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data
  • Personal photo on profile page

 

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you decide to refuse cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

Use of Data

iMeshh Ltd uses the collected data for various purposes:

  • To provide and maintain the Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer care and support
  • To provide analysis or valuable information so that we can improve the Service
  • To monitor the usage of the Service
  • To detect, prevent and address technical issues

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the data, including Personal Data, to United Kingdom and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

iMeshh Ltd will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

iMeshh Ltd may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of iMeshh Ltd
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us: