World of Women Terms of Service

Understanding these terms of service

1. These terms of service (these "Terms") are divided into three parts:
   1. part 1: the terms of use ("Terms of Use"). These describe how you may access and use the Platform, including the services available thereon. By using the Platform, you confirm that you accept the Terms of Use (and General Terms) and that you agree to comply with them;
   2. part 2: the terms of sale ("Terms of Sale"). These set out the terms on which you may order the products available on the Platform ("Products"). The Terms of Sale (together with the General Terms) will become binding on you when you submit an order for Products via the Platform and will be incorporated into the contract between you and us in relation to such order for Products ("Contract"); and
   3. part 3: general terms ("General Terms"). These set out certain terms and conditions that apply equally to your use of the Platform under the Terms of Use and any purchases that you make through the Platform under the Terms of Sale.
2. We may make additional services, features and tools available to you via the Platform which are governed by additional terms and conditions. You must review these additional terms and conditions via the Platform before you engage with such additional services and, if you do not agree to such additional terms and conditions, you must not use such additional services. For example, these additional services might be in relation to:
   1. participating in ‘opinion contribution’ schemes and other community activities via Patio;
   2. artist curation events and promotional activities via Artfest; and
   3. points and rewards schemes.
   These Terms, together with any additional terms and conditions we may introduce from time to time, are contained on the Platform. Please regularly review the Platform to ensure that you are aware of the latest Terms applying to the Platform and any additional services made available through it.
3. When certain words and phrases are used in these Terms, they have specific meanings (these are known as "defined terms"). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of these Terms where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
4. In these Terms, when we refer to "we", "us" or "our", we mean WoW; and when we refer to "you" or "your" we mean:
   1. you, the person accessing or using the Platform; and
   2. where applicable, the business on whose behalf you are acting.
   Please note:
   3. if you are acting for purposes that are wholly or mainly outside your trade, business, craft or profession, you are acting as a "Consumer"; or
   4. if you are acting for purposes relating to your trade, business, craft or profession, then you are acting in the course of a business (a "Business User").
5. If you are acting on behalf of your employer or another business when you access and use the Platform, you will be a Business User and you represent and warrant that:
   1. you have full legal authority to bind your employer or that business; and
   2. you agree to these Terms on behalf of the business that you represent.
6. Please note that the Platform uses cookies, the use of which are governed by our cookies policy, and we only use your personal information in accordance with our privacy policy.

The Platform

1. The Platform is made available free of charge. We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period. We may update the Platform and/or change the content on it at any time.
2. You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms and that they comply with them.
3. The Platform and the content on it are provided for general information purposes only. They are not intended to amount to advice on which you should rely.

Non Fungible Tokens

1. We have made two collections available. The first one in July 2021 (“WoW NFT”), and the second collection in March 2022 ("WoWG NFT") together referred to as “WoW/G”. Please note that the WoW NFTs have already been issued and accordingly we do not sell nor effect any transfer of WoW NFTs on the Platform. We also do not sell nor effect any transfer of WoWG NFTs on the Platform. Exceptionally, we may effect a transfer of a WoWG NFT to an WoW NFT holder who held a WoW NFT prior to March 2022 and thus would be eligible to claim a free WoWG NFT. The WoW/Gs may be available to purchase via third party marketplaces such as OpenSea. Whilst our Platform may contain links to such third party marketplaces, we do not have any control or influence over any third party marketplace, nor do we have control or custody over the non-fungible tokens or blockchains you use. Accordingly:
   1. we are not a party to any purchase you make of a WoW/G;
   2. we have no liability in respect of any such transaction;
   3. you are responsible for verifying the identity, legitimacy, and authenticity of WoW/Gs that you purchase from third party vendors and we make no guarantees in relation to such purchases; and
   4. you are responsible for verifying, checking and complying with the licensing agreements applicable to any WoW/Gs that you purchase.
2. If we elect to issue new non-fungible tokens, such issuance will be governed by the Terms of Sale and any additional terms we make known to you at the time of purchase.

Your profile and wallet

1. Each WoW/G is linked to a profile within Patio (a "Profile"). If you would like to create a Profile to access certain services available on Patio, then please take the following steps:
   1. connect your crypto wallet via Patio (your "Wallet"); and
   2. ensure you have a WoW/G stored in a Wallet that you connect with or you connect through a wallet connected to your stored WoW/G.
2. Once you complete the process above you will be a "Registered User".
3. If you are a Registered User and you sell, transfer or otherwise dispose of all of your WoW/G(s), then you will not be able to access the Profile(s) associated with those WoW/G(s).
4. You are solely responsible for the safety, security and maintenance of your Wallet and for any unauthorised use of your Wallet or Profile.
5. You agree and acknowledge that we do not provide any crypto wallet services and that these services are provided by third parties. Accordingly, you agree that:
   1. we have no liability to you in connection with your use of your Wallet; and
   2. you must comply with the terms and conditions imposed on you by your Wallet provider.
6. You also agree that:
   1. all the information that you provide to us in connection with your Wallet is complete and accurate; and
   2. you are the person who owns the Wallet.
7. We have the right to disable any Profiles, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
8. If you know or suspect that anyone other than you has accessed your Profile, you must immediately notify us using the details in clause 18 and refer to your Wallet provider.

Acceptable use

General

1. You agree not to:
   1. use the Platform in any way that breaches these Terms or any applicable local, national or international law or regulation;
   2. copy, or otherwise reproduce or re-sell any part of the Platform unless expressly permitted to do so in these Terms; or
   3. do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Platform or any equipment, network or software used in operating the Platform.

User Generated Content

2. If it is the case that you supply or upload any content to the Platform, whether it be pictures, videos, text, sound recordings or other content ("User Generated Content"), it must comply with the following rules:
   1. it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
   2. it must not harass or bully another person;
   3. it must be true and honest so far as you know;
   4. it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
   5. it must not be defamatory of anyone;
   6. it must not be unlawful;
   7. it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless it is your own or you have permission to use it);
   8. it must not contain someone else’s personal details or confidential information relating to other people unless you have appropriate consent;
   9. it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation, age or any other protected characteristic;
   10. it must not promote or condone terrorism, violence or illegal behaviour;
   11. it must not be harmful to minors in any way;
   12. it must not impersonate any person, or misrepresent your identity or affiliation with any person;
   13. it must not give the impression that it emanates from or is endorsed by us, if this is not the case; and
   14. it must not breach these Terms.
3. We reserve the right to refuse, remove or delete any User Generated Content supplied by any person that we think contravenes the rules set out in clause 5.2.
4. In addition, we may from time to time provide interactive services on the Platform that shall enable you to upload User Generated Content, including, without limitation:
   1. comment facilities;
   2. chat rooms; and/or
   3. bulletin boards,
   (together "Interactive Services").
5. Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
6. The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Viruses

7. We do not guarantee that the Platform will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform and we recommend that you use your own virus protection software.
8. You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your personal information to them. In the event of such a breach, your right to use the Platform will cease immediately.

Intellectual property

1. We are the owner or licensee of all intellectual property rights in the Platform and its content, the World of Women name and mark and the World of Women product names and images. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
2. You are not granted any right to use, and may not use, any of our intellectual property rights other than as set out in these Terms.
3. Save in respect of your own WoW NFTs (or any other non-fungible tokens that you may display on your Profile and to which you own the intellectual property rights), no part of the Platform, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
4. Any communications or materials you send to us through the Platform by electronic communication or other communication channel will be treated as non-proprietary and non-confidential.

Our liability

1. Nothing in these Terms of Use excludes or limits our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation; and
   3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
2. We assume no responsibility for the content of third party websites linked to or from the Platform (including links to our commercial partners). Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them (which, for clarification purposes, includes third party marketplaces and third party wallet service providers).
3. If you are a Business User:
   1. Subject to clause 7.1 and clause 7.2, in no event shall we be liable to you under these Terms of Use for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise.
   2. You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms of Use.
4. If you are a Consumer:
   1. Save as set out in clause 7.1 and clause 7.2 if we fail to comply with these Terms of Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Use or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Platform.
   2. Save in respect of your own WoW NFTs (or any other non-fungible tokens that you may display on your Profile and to which you own the intellectual property rights), you agree not to use the Platform, or any content on the Platform, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
   3. Nothing in these Terms of Use affects your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards Office (or your local country equivalent).

Ordering Products

1. In order to place an order for Products via the Platform (an "Order");
   1. if you are a Consumer, you must be at least 18 years old; and
   2. if you are a Business User, you must have full legal authority to place the Order and therefore bind the business that you represent to these Terms of Sale.
2. In order to submit an Order where payment by cryptocurrency is permitted, you must ensure that you have a hosted cryptocurrency wallet which contains a sufficient amount of the relevant cryptocurrency in order to pay for the relevant Order. Whether paying by cryptocurrency or not, you must follow the procedure set out on the Platform to submit your Order.
3. The order process allows you to check and amend any errors before submitting your Order. Please check your Order carefully before confirming it, as once your order is submitted, we will process it immediately. You are responsible for ensuring that your Order is complete and accurate. The Order process is only available in the English language and we will not file a copy of any contract formed between you and us.
4. Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an email confirming the information you included in your Order and providing a delivery period (the "Confirmation Email"). These Terms of Sale, the General Terms and the Order will become legally binding on you and us when we send you the Confirmation Email and each Order shall incorporate the Terms of Sale and General Terms and shall be a new and separate Contract between you and us.

Payment

1. The total prices for the Products and delivery are set out on the Platform.
2. You shall pay for the Products using one of the payment methods set out in the Order process (the "Payment Methods"). If you pay for your Order using cryptocurrency, you confirm that the cryptocurrency wallet which is being used is yours, or that you have the authorisation of the account holder to use it. If you pay for your Order using fiat money you confirm that the card or bank account which is being used is yours, or that you have the authorisation of the account holder to use it. If you use a Payment Method which you are not authorised to use, you will be liable to us for any losses that we suffer as a result of your use of that Payment Method.
3. If your payment is not authorised, your Order will not be fulfilled.

Products

1. The images of the Products on the Platform are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
2. The packaging of any physical Products that we make available on the Platform (“Physical Products”) may vary from that shown in images on the Platform. If we are making a Physical Product to measurements you have given us, you are responsible for ensuring that these measurements are correct.

Delivery

1. The costs of delivery of Physical Products will be as displayed to you on the Platform. We will provide you with a delivery period for Physical Products during the Order process and will confirm such delivery period in the Confirmation Email.
2. If our supply of Products 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.
3. If no one is available at your address to take delivery of a Physical Product, we will leave you a note informing you of how to rearrange delivery or collect the Physical Product from a local depot.
4. A Product will be your responsibility from the time we deliver the Product to the address you gave us. You own a Product once we have received payment in full.
5. It is always possible that, despite our best efforts, some of the Products may be incorrectly priced. We will normally check prices before accepting your Order so that, where a Product's correct price at the time of your Order is less than our stated price at that time, we will charge the lower amount. If the Product's correct price at the time of your Order is higher than the price stated to you, we will contact you for your instructions before we accept your Order. If we accept and process your Order where a pricing error is obvious and unmistakable and could reasonably have been recognised by you as a mispricing, we may end the Contract and refund you any sums you have paid.

Cancellation rights for Consumers

1. If you are a Consumer in the UK or EU, you have a right to cancel an Order for Products under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or local law equivalent). This right is explained in more detail below.
2. The cancellation period for Products will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the Products. However, please note that if you purchase a Product that is not a Physical Product but is instead provided in digital form (a “Digital Product”), by submitting your Order for such Digital Product you request that we enable you to access such Digital Product immediately and acknowledge that by doing so you will waive your right to cancel under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (or local law equivalent).
3. You may cancel the Contract in respect of all Physical Products delivered or in respect of certain of the Physical Products only. Where you order multiple Physical Products in one order or a Physical Product is delivered in separate parts, lots or pieces, the cancellation period will expire 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last Physical Product, part, lot or piece that makes up your Order.
4. To exercise the right to cancel in respect of a Physical Product, you must inform us of your decision to cancel the Contract with us by making a clear statement. The easiest way to do this is to contact us via this form or get in contact with us using the contact details stated in clause 18.
5. To meet the cancellation deadline for a Physical Product, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
6. We will send you an acknowledgement of receipt of your notice to cancel an Order for a Physical Product by email.
7. If you cancel the Contract with us for a Physical Product, we will reimburse you with all payments received from you in respect of your Order, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us and for any deductions permitted under clause 12.9).
8. We will make the reimbursement without undue delay, and not later than:
   1. 14 days after the day we receive back from you any Physical Products supplied;
   2. (if earlier) 14 days after the day you provide evidence that you have returned the Physical Products; or
   3. if there were no Physical Products supplied, 14 days after the day on which we are informed about your decision to cancel this Contract.
9. We may withhold reimbursement until we have received the Physical Products back or you have supplied evidence of having sent back the Physical Products, whichever is the earliest.
10. We may make a deduction from the reimbursement for loss in value of any Physical Products supplied, if the loss is the result of unnecessary handling by you. You are only liable for any diminished value of the Physical Products resulting from the unfair and/or unreasonable wear and tear of the Physical Products other than what is necessary to establish the nature, characteristics and functioning of the Physical Products. We may make a deduction from any reimbursement that you are entitled to from us for such loss in value of any Physical Products we supply.
11. If you wish to exercise your rights to a refund for a Physical Product under this clause 12, you must return those Physical Products to the address indicated by us. We will pay the costs of return if the Physical Products are faulty or misdescribed in accordance with clause 12.14. In all other circumstances, you must pay the costs of return.
12. You are responsible for taking reasonable care of the Physical Products until they are returned to us. We will be unable to provide you with a full refund if the Physical Products are not returned to us or if they are damaged when they arrive.

Refund payments

13. We will make the reimbursement using the same means of payment that you used for the initial transaction; you will not incur any fees as a result of the reimbursement.

Other refunds

14. You have legal rights in relation to Physical Products that are not as described, faulty or otherwise not fit for purpose. If you believe that any Physical Products that you have ordered do not conform with these Terms of Sale, please contact us to request a replacement or refund.
15. If, due to unforeseen circumstances, we are unable to fulfil your Order or any of the Physical Products in a particular Order, we will refund the value of the Physical Product(s) that we were unable to fulfil and, if the full Order is cancelled, any delivery charges.

Liability

1. Nothing in these Terms of Sale excludes or limits our liability for:
   1. death or personal injury caused by our negligence;
   2. fraud or fraudulent misrepresentation; and
   3. any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
2. If you are a Business User:
   1. Subject to clause 13.1 in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise.
   2. You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms of Sale.
3. If you are a Consumer:
   1. Save as set out in clause 13.1, if we fail to comply with these Terms of Sale, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Sale or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the Contract between you and us for your Order became binding.
   2. We only supply Physical Products to you for domestic and private use. You agree not to use the Physical Products for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Promotions and free to enter Prize Draws

1. From time to time, we may organise free-to-enter prize draws ('Prize Draws') or other promotions ('Promotions') on various social media platforms. The specific details of each Promotion, such as eligibility requirements, timeframe, and prizes, will be posted separately on the relevant social media platform at the time of the Promotion or Prize Draw. If the Prize Draw or Promotion is organised as a part of an event, the details to enter will be communicated during such an event. WoW reserves the exclusive right to define the rules for each Prize Draw and/or Promotion. This includes the right to verify the eligibility of any participant, disqualify any participant found to be abusing or tampering with the operation of the Promotion or Prize Draw or entering using fraudulent means, or who we believe to have acted in breach of these Terms.
2. By entering any Promotion or Prize Draw, participants will be deemed to have accepted these Terms of Service in full, which shall prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry and participation in the Promotion shall be deemed an unconditional acceptance by the entrant of these Terms.
3. Eligibility for any Promotion or Prize Draw will always require participants to be 18 years of age or older, have an Internet connection and meet any additional entry requirements set out in the specific terms for the Promotion or Prize Draw, and not be an employee of WoW, their immediate family members, or anyone professionally connected with the Promotion unless specifically expressed otherwise.
4. Promotions are governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English courts, regardless of your place of residence. We reserve the right to amend these Promotion rules or to discontinue the Promotion at any time without notice or liability to you. All personal data submitted in connection with the Promotion will be processed by us for the purposes of administering and managing the Promotion and the award of prizes. Data collected from or about participants will be used in accordance with our Privacy Policy.

Suspension and termination

1. If you breach any of these Terms, we may immediately do any or all of the following (without limitation):
   1. issue a warning to you;
   2. temporarily or permanently remove any User Generated Content uploaded by you to the Platform;
   3. temporarily or permanently withdraw your right to use the Platform;
   4. suspend or terminate your Profile;
   5. issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
   6. take further legal action against you; and/or
   7. disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.

Changes to these Terms

1. We may make changes to these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms). Please check these Terms regularly to ensure that you understand the Terms that apply at the time that you access and use the Platform. If we have your contact information, , we will provide you with at least thirty (30) days' advance notice of any such changes, unless the change is due to a change in law or for security reasons (in which case we may need to change these Terms on shorter notice). If you do not wish to continue using the Platform following the changes to the Terms, you can cancel your agreement to these Terms by cancelling your Profile.

Other important information

1. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Governing law and jurisdiction

1. These Terms are governed by the laws of England and Wales. This means that your access to and use of the Platform, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims), will be governed by English law.
2. If you are a Business User, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
3. If you are a Consumer and we direct the Platform to your country of residence:
   1. you may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any such a dispute; and
   2. we will bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
4. If you are a Consumer and are resident in the UK or the European Union and we direct the Platform or our Services to (and/or pursue our commercial or professional activities in relation to the Platform or our Services in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 17.1, affects your rights as a consumer to rely on such mandatory provisions of local law.

Contacting us

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can contact us by reaching out through the following channels :

Discord: World of Women/ Support

Twitter: @worldofwomennft

Terms last updated 22 Feb 2024