Supplier Terms

Effective: 1 January 2025

Who we are and how to contact us

We are Creative Tourist Limited, a limited company (registration number 07980292 and VAT number GB134622042). We are based at Fourth Floor, 14, Little Lever Street, Manchester, England, M1 1HR. For information on the best way to contact us, see: https://creativetourist.com/contact

When these terms apply

These terms apply to suppliers on our online platform. Terms which appear in bold have specific meanings. For a complete list of such terms, see 14.

Becoming a supplier

When we accept your application to become a supplier, an agreement between you and us governed by these terms will come into force.

The policies which form part of these terms

The policies set out below form part of these terms and our agreement with you. See 12 for how and when we tell you about changes and how you can end this agreement if you’re not happy with a change. The policies are:

Acceptable use policy. This sets out what you can and can’t do when creating your profile and listings and responding to customer reviews.
Commission and fees policy. This sets out what fees we charge you and how we calculate the commission due to you.
Supplier complaints policy. This sets out the procedure we follow when dealing with complaints.

Your warranties about the information you give

You represent and warrant that:

You are, and will remain, established in the United Kingdom.
The information you provide to us in connection with your application to become a supplier is complete and accurate.
You’ll promptly notify us of any changes to it and keep the supplier profile you create on our supplier interface up to date.
Any documents you submit to us to support your application or in response to our request are either genuine documents or actual copies of genuine documents.

Our rights to verify the information you give us and your compliance with these terms

We may require you to promptly provide us with reasonable evidence that any information you’ve given us is accurate and up to date and that such information and your behaviour comply with these terms. Such information includes (but is not limited to) information in connection with your application to become a supplier on our platform, your supplier profile and the listings for your services. We can suspend or restrict individual listings until you’ve supplied this evidence and end this agreement if you don’t comply with this requirement.

You permit and instruct us to collect information about you and in connection with your performance of this agreement (including without limitation the services you list on our platform) and disclose it to tax or other governmental or regulatory authorities as required by law or for compliance with our legal obligations.

Our communications with each other

When we accept your application to become a supplier, we’ll give you access to our supplier interface. We’ll generally use our supplier interface to tell you about customer orders, questions, cancellations and complaints, and other things about our service, such as changes to these terms and our policies. We may also contact you via telephone, email or other methods.

Your communications with customers

You must enter accurate details of relevant communications with customers on the supplier interface, especially cancellations. This helps us keep a complete record of all communications related to any transaction in case of any disputes.

If a customer contacts you about your services through the platform, you mustn’t ask or encourage the customer to buy those services (or repeat orders for those or similar services) directly from you or another source.

Your use of our systems

You may only use our supplier interface and the other computer systems that support, operate and comprise our platform (our systems) for listing and selling your services and communicating with us and your customers as envisaged in these terms.

You agree to use all reasonable security practices to prevent unauthorised access or damage to our systems. These practices include but are not limited to:

Making sure any devices you use to access our systems have up-to-date anti-virus protection and do not introduce any viruses into our systems.
Ensuring that your log-in details and passwords for our systems:

are only used by your employees and subcontractors who are required to comply with the rules set out in Your use of our systems;
are not shared between users; and
are changed regularly and as and when prompted by our systems.

Telling us immediately if you think that log-in details or passwords are being or may be used in an unauthorised way or that the security of our systems has been compromised in any other way.

Except as permitted by any applicable law which you and we can’t agree to exclude, you mustn’t:

Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our systems in any form or media or by any means.
Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our systems.
Access all or any part of our systems to build a service or service which competes with them.
Use our systems to provide services to third parties or allow or assist third parties to access our systems.
Create multiple accounts to avoid restrictions.

Creating your supplier profile and listing services on our platform

You must create a supplier profile on our platform. You can then create listings to sell your services through our supplier interface. You represent and warrant that you’ll:

Only create listings for services of the types approved by us in writing and which are not prohibited services.
Only list services which comply with all applicable legislation and regulations affecting their sale and don’t infringe third-party trade marks or other intellectual property rights.
Only list services which are safe. We may require service safety documentation before permitting you to list certain services.
Include in your listings, or where appropriate, your supplier profile, all the information about you, your services, and how you’ll fulfil orders needed to comply with consumer protection law, and any relevant safety information about your services. Our customer interface will prompt you to provide this information, but you’re responsible for ensuring you comply with the law.

You must ensure that your supplier profile and the listings for your services:

Comply with our acceptable use policy, which bans things such as obscenity and defamation.
Only feature high quality images and descriptions, which you have all the necessary intellectual property and other rights to use in this way on our platform and to license to us.
Are in the English language and be clear and comprehensible.
Display real-time information about availability of each specific event or service.
Display your valid VAT registration number.
Don’t include anything which would encourage or allow customers to contact you other than through the supplier interface, such as email or social media contact details, website addresses or other links. We reserve the right to remove such information.
Don’t use any search engine optimization techniques that breach search engines’ guidelines or involve deception, including, but not limited to, keyword stuffing.

You can’t list unauthorised services

You may only list services that bear another company’s authorised brand or logo on our platform (or which embody other third-party intellectual property rights) with the consent of all relevant third-party intellectual property rights-holders. If we ask you to, you must promptly provide us with genuine and conclusive documentary evidence showing that you are authorised to sell specific services on our platform. We can suspend a listing for a service or terminate this agreement under 6 if you fail to comply with any requirement of this clause.

Pricing your services (including VAT)

How you price your services is entirely up to you. You can change the price for your services at any time using the supplier interface. Please allow a reasonable time for revised prices to be displayed on our platform. We’ll charge customers the price shown on our platform when they submit their order.

Your prices must be inclusive of VAT.

Platform availability

We aim to make the supplier interface and platform available 24/7. However, we reserve the right to take some or all of our systems offline as reasonably required for routine and emergency maintenance or repairs. We’ll give you as much notice of such downtime as is reasonably possible.

Dealing with customer orders, refunds and complaints

What we do when a customer orders

Customers ordering services from our platform must accept our standard customer terms. When a customer orders one of your services using our platform, we, acting as your agent in your name and on your behalf, will:

Send the customer an order acknowledgement email in our standard format.
Promptly inform you of the customer order via the customer interface.
Send the customer an order acceptance email in our standard format and so form a direct contract for you to supply your service to the customer on our standard customer terms. The contract is between you and the customer.
Take payment for customer orders for your service when we confirm acceptance of an order in your name and on your behalf. The supplier interface will tell you whether or not payment has been received for any order.

Our order acceptance email will serve as the customer’s supply VAT receipt issued in your name and on your behalf. Our email will include all the information about the ordered service that you’ve included in your service listing and separately show the UK supply VAT collected as part of the order. You’re responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax, and regulatory requirements in connection with any customer VAT receipt issued in your name.

Where a customer is UK VAT registered, we will provide you with the customer’s UK VAT registration number and details of the relevant supply, where required by applicable law.

What you must do when we tell you about an order

When we tell you about an order, you must:

Subject to the supplier interface confirming that payment has been received from the customer, supply the service to the customer in the way and within at least the timescale set out in your service listing.
Comply in full with our standard customer terms.

Dealing with customer questions about orders

You must deal promptly and professionally with any customer questions about orders.

Dealing with customer cancellations

If a customer tells us that they have changed their mind, or wants to return or rearrange a booked event, we will inform you. You will take reasonable steps to transfer a booking to another event.

If you wish to cancel, or reschedule a booking or if there is a material change to the booked event, you must contact us as quickly as possible and offer an exchange or refund. You must promptly tell us of any refunds due to customers who have cancelled.

How you must handle customer complaints

We’ll tell you if a customer complains to us about you or one of your services, including any complaints that services have not been delivered or that cancelled orders have not been refunded and provide you with all relevant details about the complaint.

You must deal with complaints we tell you about, and any complaints you receive directly from customers, in a way that complies with consumer law and honour any additional commitments or guarantees you’ve made in your service listing or other marketing or advertising.

If you don’t engage in dispute resolution, as required by these terms and in good faith, in relation to any dispute with a customer, we may refund and/or compensate the customer on your behalf. We can also do this if you don’t abide by any commitment you’ve made during dispute resolution, any settlement reached through mediation, or any ruling made by a court or other competent authority. You must reimburse us for payments made in compensation.

Access to and use of data generated through use of our platform

Your and your customers’ use of our platform will generate data (including personal data) about orders, customer queries, and other matters. Our policy sets out how we’ll access this data ourselves and give you access to it. The policy also sets out the extent to which we allow your third-party service providers access to that data and how (and for how long) you can access that data after this agreement ends.

Set-up and other fees

We’ll charge you a set-up fee as set out in our commission and fees policy plus VAT. You must pay this fee to us before you can start listing your services and in any event within 30 days of our invoicing you for it. See also When you must pay our invoices.

We also charge you other fees, including for handling refunds (see How customers are refunded), in each case plus VAT, as set out in our commission and fees policy.

What we pay you for services sold on our platform

We’ll pay you the sums received by us from customers for your services less:

Our commission and any VAT applicable to it.
Our standard distributor commission and any VAT applicable to it.
Any fees (and any VAT applicable to them) or other sums we’ve invoiced you for and which are unpaid at the time we pay you, whether or not the due date for payment has arrived (see When you must pay our invoices).
Any sums owed to us in connection with any third party claim under Compensation for claims against us which are unpaid at the time we pay you.

We charge customers in pounds sterling and account to you in pounds sterling.

Our commission is calculated as a percentage of the total price paid by the customer for the service (including for any optional extras but excluding VAT), at the rates set out in our commission and fees policy.

You must account to HMRC for any VAT due on UK sales of your services on our platform and fully comply with your tax obligations in connection with the use of our services and the offer and sale of your services on our platform including the collection, reporting, filing and payment of any and all applicable taxes (such as VAT, plastic packaging taxes and duties) and other governmental assessments.

When we pay you

Within seven days of the end of each month, we’ll credit net payments to the bank account you’ve notified us of via the supplier interface and send you a statement of the sums paid to you during that month and how they have been calculated.

When you must pay our invoices

You must pay any invoices we submit to you within 30 days, except for set-up fees (see Set-up and other fees), which must be paid before you can start listing services.

Interest on late payments

If either of us fails to make a payment due to the other under these terms by the due date, then, without limiting the other party’s remedies, the defaulting party shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England’s base rate from time to time but at 4% a year for any period when that base rate is below 0%.

How customers are refunded

If you instruct us to refund a customer on your behalf, we’ll do so provided we can deduct such sums from money due from us to you. We are not obliged to refund more than the sums collected from the customer at checkout. If we can’t deduct such sums from money due from us to you, we may either require you to refund customers directly or choose to refund customers ourselves and you must pay us the sums we refund in this way. See When you must pay our invoices.

Our and your rights of set-off

Save as expressly provided in these terms, you and we shall each pay all amounts due under this agreement in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

Orders from outside Great Britain

Our platform only displays information to customers in English and accepts payment in pounds sterling. Customers from outside Great Britain may have rights under their local laws, which apply in addition to or instead of their rights under English, Welsh, Northern Irish, and Scottish law and our standard terms for consumers. If you don’t wish to accept such orders, you must reject them.

Using each other’s branding and other intellectual property rights

Your use of our branding

You may publicise your listings on our platform and for marketing purposes, such as social media. In doing so, you must not suggest that you or your listings are endorsed, controlled or created by the platform. You can share the URLs for your listings and supplier pages and state that your services can be bought on the platform. However, you can’t use the platform’s stylised name or logos either on their own or in combination with another word, nor can you use the platform’s name in your social media profile name or photo. You also can’t create content with the same look or feel as the platform.

As soon as reasonably possible after this agreement ends, you must remove any content that suggests you sell on the platform from any places you control and use your best efforts to remove such content from any places owned by any third parties.

Our use of your branding and other intellectual property rights

You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display, and publish any content, data, or information (including trade marks and branding) you provide to us in connection with you and your services (your materials), to list and sell your services on our platform, and to operate, improve, and market our platform in any media.

After this agreement ends, we’ll stop all use of your materials on the platform as soon as reasonably possible. However, we reserve the right to continue using your materials for the purposes and period set out in Your obligations after this agreement ends and Our obligations after this agreement ends.

Except as stated above, we won’t acquire any rights to your materials, and any goodwill generated by our use of your materials on our platform or through our marketing activities will accrue to you.

Suspension of listings, ending this agreement and disputes

When we’ll suspend your listings or end this agreement

We can suspend or restrict any individual listing you make on our platform if we become aware, or have reason to believe, that what you’ve told us about your service or said about your service in a listing is not accurate or up to date or that the service or the listing doesn’t comply with these terms, including our policies or is otherwise unlawful.

We can end this agreement and your rights to use our platform for any of the following reasons:

You have not complied with these terms, including the policies referred to in them, and your non-compliance is more than trivial or repeated.
You’ve not paid one of our invoices by the due date (see When you must pay our invoices).
You’ve become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk.
We reasonably consider that our continuing to provide services to you could expose the platform to disrepute, contempt, scandal or ridicule or would tend to shock, insult or offend the public or reflect unfavourably on the platform’s reputation or the other suppliers selling on the platform.
We decide to stop providing the platform or to stop selling your type of services on the platform.
We reasonably determine, or receive information or notice from HMRC, that you are not meeting your tax obligations.

We’ll give you at least 30 days’ notice that we are ending this agreement unless:

Our legal, tax or regulatory obligations require us to end this agreement without such notice.
It’s imperative for us to end this agreement either immediately or on shorter notice. For example, we may end this agreement with immediate effect if you become insolvent or we discover that your services are unsafe or present a danger to minors or if we reasonably suspect you of fraud or of using the platform to spam others.
You’ve repeatedly broken this agreement.

If we’re suspending or restricting an individual listing or ending this agreement, we’ll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you’ve broken. If we’re acting in response to a notification from someone else, we’ll also share the contents of that notification with you. However, we won’t give you such a statement if:

We’re subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.
We’re ending this agreement because you’ve repeatedly broken it.

We’ll send our statement to you via email or another durable medium. Where we’re suspending or restricting an individual listing, we’ll send the statement before or at the time of the suspension or restriction. If we’re ending this agreement, we’ll send the statement at the same time that we give notice that we are ending this agreement.

How to complain if you’re not happy with our services, including any decisions we’ve taken

If you want to complain about our services or how we’ve treated you, including because you disagree with us refunding or compensating a customer, restricting or suspending a listing for your services or ending this agreement, please contact us.

You and we agree to try our best to resolve all complaints. If we can’t resolve your complaint, either of us can request mediation. In addition, we can both bring legal action at any time (see Governing law and jurisdiction).

How you can end this agreement

You can end this agreement with immediate effect by giving us notice if we’ve become insolvent, we suspend, threaten to suspend, cease, or threaten to cease to carry on all or a substantial part of our business, or our financial position deteriorates to such an extent that you think our ability to fulfil our obligations under this agreement is at risk.

You may stop using the platform at any time. This agreement will end when you inform us that you no longer wish to use the platform and remove your service listings.

Your obligations after this agreement ends

After this agreement ends (for whatever reason) you must (unless we tell you otherwise):

Immediately remove any listings for your services from the platform.
To allow customers to contact you about orders previously submitted, you must leave your customer-facing supplier profile (excluding listings for your services) live until 60 days after fulfilling the last order you received through the platform. Once this period has expired, you must remove it.
You must continue to comply with these terms insofar as they relate to customer orders received through the platform before your service listings are removed. You need only comply with the version of these terms that applied when this agreement ended.

Our obligations after this agreement ends

After this agreement ends (for whatever reason) we:

May remove all listings for your services from the platform, if you’ve not already done so, and reject any order received after this agreement ends.
If you haven’t already, you may remove your customer-facing supplier profile from the platform. However, we can keep it live until 60 days after you fulfil the last order you received through the platform to allow customers to contact you about orders previously submitted.
Will continue to comply with these terms insofar as they relate to customer orders received through the platform before removal of your service listings, including by paying sums due to you for such orders. We’ll comply with the version of these terms applied when this agreement ended.
Will stop giving you access to data (including personal data) generated by your use of platform.

Limitations on liability and platform availability

Meaning of liability in these terms

When we talk about liability in these terms we mean every kind of liability arising under or in connection with this agreement including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

Liabilities neither you nor we limit or exclude

Nothing in these terms limits any liability (whether yours or ours) which can’t legally be limited, including but not limited to liability for:

Death or personal injury caused by negligence.
Fraud or fraudulent misrepresentation.
Breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

The limitations and exclusions set out in this agreement don’t apply in respect of:

Any liability arising from your or our deliberate default.
Your liabilities to us under 8.

Types of loss you and we exclude liability for

Except in respect of Liabilities neither you nor we limit or exclude, we won’t be liable to you and you’ll not be liable to us for:

Loss of profits.
Loss of sales or business.
Loss of agreements or contracts.
Loss of anticipated savings.
Any indirect or consequential loss.

Caps on your and our liability to each other

Except in respect of Liabilities neither you nor we limit or exclude (which are uncapped), our total liability to you and your total liability to us is capped as follows:

For loss arising from the other’s failure to comply with the data protection provisions set out in 10, the cap is £[AMOUNT].
For all other loss or damage the cap is £[AMOUNT].

Payment of uncapped liabilities shall not reduce these caps.

Deadline for us to make claims against each other

Unless either of us notifies the other that they intend to claim for an event within the notice period, the other shall have no liability. The notice period for an event starts on the day the party claiming became, or ought reasonably to have become, aware of their having grounds to claim regarding the event and expires [NUMBER] months from that date. The notice must be in writing and identify the event and the grounds for the claim in reasonable detail.

Claims and actions against us in connection with you or your services

Dealing with claims against us

We’ll pass on to you any complaints we receive about you or one of your services as described in How you must handle customer complaints. However, if anyone, including (but not limited to) a customer, any regulator, HMRC, or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

Your services, and their supply through our platform.
Content you’ve uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your service listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
Things you have or haven’t done including but not limited to any breach of these terms and our policies,

(a third party claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so.

Compensation for claims against us

You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses (liabilities) we incur arising out of or in connection with any third party claim. See When you must pay our invoices.

Service cancellation and service liability insurance

Your and our record-keeping obligations

You and we agree to maintain appropriate, up-to-date, and accurate records to enable the immediate cancellation of any of your services from our platform. These records shall include details of customers (including event dates, name and address of customer, telephone number, and email address, if available).

Responsibility for service cancellation

You are liable to customers for cancelling any of your services. We will provide you with information we hold about customers and your services sold to them as reasonably necessary to assist you with your service cancellation obligations.

If we ask you to, you must give us evidence that you have promptly complied with your service cancellation obligations. If you don’t do this within a reasonable time, we can do what we think appropriate to protect customers, including contacting customers to alert them to safety issues or cancelling the service and refunding customers what they paid for it. You must cooperate with us in doing this and reimburse us for all liabilities we incur concerning any cancellation of your services.

You must have public liability insurance

You must maintain public liability insurance covering your services for as long as they are listed on our platform and for two years after they stop being listed. The insurance must provide cover of not less than £[AMOUNT] per annum and be with a reputable insurer. You must provide a copy of the insurance policy and proof of payment of the current premium to us when we ask for it.

Compliance with the law and our mandatory policies

You must comply with the law and our mandatory policies

You must at all times when doing anything in connection with this agreement comply with:

All applicable laws, statutes, regulations and codes from time to time in force including without limitation the CAP Code.
Our mandatory policies on:

Anti-slavery and human trafficking;
Corporate and Social Responsibility;
Anti-bribery, Anti-corruption and anti-facilitation of tax evasion;
Data and Privacy.

Data protection obligations

How we and you treat personal data we share with each other

We’ll process your personal data in accordance with our data protection policy [LINK TO POLICY].

We and you may share with each other the following types of personal data we’ve collected in connection with this agreement (shared personal data):

Names, addresses and contact details of customers for your services.
Information about customer orders for your services.
Information about customer queries and complaints in relation to orders.

We and you agree that we shall only process shared personal data which we receive from the other for the following purposes:

Fulfilling orders for your services.
Dealing with queries and complaints from customers about your services.

Both we and you shall comply with all the obligations imposed on a controller under UK data protection law. If either we or you fail to do so, the other can end this agreement, as set out in When we’ll suspend your listings or end this agreement and How you can end this agreement.

Both we and you will:

Ensure that all necessary notices, consents and lawful bases are in place to enable lawful transfer of the shared personal data to the other as well as to their employees and the entities they use in connection with this agreement (permitted recipients).
Give full information to any data subject whose personal data may be processed under this agreement about the nature of such processing. This includes giving notice that, when this agreement ends, personal data relating to them may be retained by or transferred to one or more of the permitted recipients, their successors and assignees.
Not disclose or allow access to the shared personal data to anyone other than the permitted recipients.
Ensure that all permitted recipients are subject to written contractual obligations concerning the shared personal data (including obligations of confidentiality) which are no less demanding than those imposed by this agreement.
Ensure that appropriate technical and organisational measures are in place to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
Not transfer any shared personal data received outside the EEA without ensuring that:

the transfer is to a country approved under UK data protection law as providing adequate protection;
there are appropriate safeguards or binding corporate rules in place, pursuant to UK data protection law;
we or you (as appropriate) otherwise comply with all the obligations imposed under UK data protection law by providing an adequate level of protection to any personal data that is transferred; and
one of the derogations for specific situations in UK data protection law applies to the transfer.

Both we and you shall assist the other in complying with UK data protection law. The things we and you will do include but are not limited to:

Consulting the other about any notices given to a data subject in relation to the shared personal data.
Promptly telling the other about receipt of a data subject rights request in relation to the shared personal data.
Providing the other with reasonable help in complying with any data subject rights request in relation to the shared personal data.
Not disclosing, releasing, amending, deleting or blocking any shared personal data in response to a data subject rights request without first consulting the other, wherever possible.
Helping the other (at the other’s cost) to respond to any data subject rights request and to comply with UK data protection law with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators.
On becoming aware of a breach of UK data protection law (by themselves or the other), notifying the other of it as soon as reasonably possible.
When this agreement ends, either deleting or returning shared personal data (and any copies of it) received from the other, unless required by law to store it.
Using technology compatible with the other’s technology to process shared personal data, to ensure that transfers to or from the other don’t result in inaccuracies.
Maintaining complete and accurate records and information to demonstrate that it has complied with these provisions.
Providing the other with contact details of at least one employee as point of contact and responsible manager for all issues arising out of UK data protection law, including the procedures to be followed in the event of a data security breach, and the regular review of the parties’ compliance with UK data protection law.

Changes to these terms

How we make changes to these terms

We’ll let you know about any changes we’re making to these terms (including the policies referred to in them), unless they’re just editorial changes which don’t alter the terms’ content or meaning.

Normally we’ll give you at least 15 days’ notice before such changes take effect.

We’ll give you more notice if a change we’re making impacts on the way you do things, either technically or commercially (a significant change). For example, you might need more notice if we entirely remove a feature from our platform, add a new feature or if you need to adapt your services to continue using our platform.

We won’t give you advance notice if we have to make a change with immediate effect, whether for legal or regulatory reasons or to protect the platform, our suppliers or our customers from fraud, malware, spam, data breaches or other cybersecurity risks.

If you list new services on our platform after we’ve told you about any changes (other than a significant change), you will be deemed to have agreed to those changes and they will take effect immediately.

What you can do if you’re unhappy about changes we’ve made

If you’re unhappy with any changes we tell you about, you can normally end this agreement. The exceptions are that you can’t end this agreement because of a change if:

You’ve listed new services on our platform after being told about the change (although this will not prevent you from ending this agreement for a significant change).
You’ve previously told us that you accept the change.

See How you can end this agreement.

Other important terms

Governing law and jurisdiction

This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

Each of us irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement, its subject matter or formation.

Impact of events beyond your or our reasonable control (force majeure)

Neither you nor we (the affected party) shall be in breach of this agreement or otherwise liable for any failure or delay in performing their obligations if such delay or failure results from events, circumstances or causes beyond the affected party’s reasonable control. The time for performance of such obligations shall be extended accordingly. If the period of delay or non-performance continues for four weeks the party not affected may end this agreement by giving 14 days’ written notice to the affected party.

We can transfer our rights and obligations under this agreement

We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with (transfer) any or all of our rights and obligations under this agreement.

What happens if you want to transfer your rights and obligations under this agreement (including by using subcontractors)

You need to get our consent before you can transfer any of your rights and obligations under this agreement, including by using subcontractors.

How we and you must protect each other’s confidential information

Neither you nor we (the recipient) shall at any time disclose to any person any confidential information concerning the business, assets, affairs, customers, clients or suppliers of the other (the discloser), except:

To the recipient’s employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of exercising the recipient’s rights or carrying out its obligations under or in connection with this agreement. The recipient shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the discloser’s confidential information comply with this clause (How we and you must protect each other’s confidential information).
As may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

The recipient shall not use the discloser’s confidential information for any purpose other than to exercise its rights and perform its obligations under or in connection with this agreement.

Neither we nor you are bound by anything said but not included in this agreement

This agreement (comprising these terms and the policies referred to in them) constitutes the entire agreement between you and us in relation to our services.

Both you and we acknowledge that in entering into this agreement neither of us relies on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement. Both you and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Informal changes to this agreement aren’t valid

Except for changes made as described in How we make changes to these terms, no variation of this agreement shall be effective unless it is in writing.

You and we can only waive our rights under this agreement in writing

A waiver of any right or remedy is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

A delay or failure to exercise, or the single or partial exercise of, any right or remedy shall not waive that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

Invalidity of part of this agreement doesn’t affect the rest of it

If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.

Only you and we have rights under this agreement

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.

Neither you nor we require the consent of any other person to rescind or vary this agreement.

Defined terms

Terms in bold have the following meanings

appropriate technical and organisational measures: has the meaning set out in UK data protection law.

controller: has the meaning set out in UK data protection law.

UK data protection law: means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to either you or us relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to either you or us.

data subject: has the meaning set out in UK data protection law

insolvent: means, in relation to either party that it has taken any step or action in connection with:

Entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring).
Applying to court for, or obtaining a moratorium under, Part A1 of the Insolvency Act 1986.
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.
Ceasing to carry on business.
If the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction.

liabilities: means any liabilities, fines, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges such as brokers’ fees) and all interest, penalties and legal costs and all other reasonable professional costs and expenses.

our systems: means our supplier interface and the other computer systems that support, operate and comprise our platform.

permitted recipients: means your and our employees and the entities you and we use in connection with this agreement.

personal data: has the meaning set out in UK data protection law.

personal data breach: has the meaning set out in UK data protection law.

process: has the meaning set out in UK data protection law

processing: has the meaning set out in UK data protection law

processed: has the meaning set out in UK data protection law

significant change: means a change to these terms which impacts on the way you do things, either technically or commercially. Examples of significant changes might be our entirely removing a feature from our platform, adding a new feature or a change which means you need to adapt your services to continue using the platform.

shared personal data: the following types of personal data we and you’ve collected in connection with this agreement:

Names, addresses and contact details of customers for your services.
Information about customer orders for your services, including any personalisation requests.
Information about customer queries and complaints in relation to orders.

third party claim: means a claim or any kind of action against us made by anyone, including (but not limited to) a customer, any regulator. HMRC, couriers or any third party rights holder, in connection with:

Your services, their importation to the UK and their supply through our platform.
Content you’ve uploaded to or otherwise distributed through our systems, including but not limited to your supplier profile, your service listings, your communications with customers, advertising, and any omissions or inaccuracies in such content.
Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you’ve granted to us.
Things you have or haven’t done including but not limited to any breach of these terms and our policies,

transfer: means assign, novate, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner

VAT: means value added tax chargeable under the Value Added Tax Act 1994 of the United Kingdom and legislation supplemental thereto or replacing, modifying or consolidating it and including any similar, substitute, or replacement tax on, inter alia, the supply of goods or services in the United Kingdom.

your materials: means any content, data or information (including trade marks and branding) you provide to us in connection with you and your services.

Prohibited services policy

You may not list for sale through our platform any services which:

Violate the intellectual property, confidentiality or privacy rights of others.
Violate any laws, including those governing consumer protection.
Contain any material that is obscene or pornographic.
You don’t have authority to sell.

Acceptance of Terms

By signing below, the parties confirm their agreement to the terms outlined in this document.

Supplier

Company Name: ___________________________________

Name: ___________________________________

Role/Title: _____________________________________

Date: _________________________________________

Signature: ____________________________________

For and on behalf of Creative Tourist Limited

Name: ___________________________________

Role/Title: _____________________________________

Date: _________________________________________

Signature: ____________________________________