Terms and Conditions
(Last Updated 04 October 2020)
2. General Terms
When you use the Phanoon Limited website, you agree to the Terms, and they affect your rights and obligations. If you do not accept any or one of the terms and policies herein, kindly stop using this website immediately. Phanoon Limited reserves the right at any time and it is our sole discretion to change or modify these Terms or any policy or guideline of the website and platform. If we make changes or modifications to these Terms, we will provide you with notice of such changes, by sending an e-mail, providing advice through the Services, or updating the "Last Updated" date at the top of these Terms on our site. So we urge you to frequently review the Terms and applicable policies guiding your use of the website and service. If you do not agree to the amended terms, you must stop using the Services immediately.
3. Disclaimer, Exclusions and Limitations
Please note that you access and use the website at your own risk. Phanoon limited is not responsible for any type of loss or damage which you may sustain as a result of accessing and using the website. Phanoon Limited assumes no responsibility for the contents of any other websites to which the website may have links, and if you access any such linked sites, you do so at your own risk. Phanoon Limited’s inclusion of links to such websites does not imply any endorsement by Phanoon Limited of the materials on such sites. Phanoon Limited does not permit any third party to operate a link to the website, nor does it permit any third party to frame the website without obtaining Phanoon limited’s prior written consent.
Your use of the website is at your own risk and subject to all applicable national and international laws and regulations. Phanoon Limited has no responsibility for any information or services obtained by you on the website. Phanoon Limited Reserves the right to modify, supplement, move or delete portions of or add to the site at any time with or without notice.
4. Our Legal Information
This Phanoon Limited Agreement (T&C's) is a contract between you and Phanoon Limited and www.Phanoon.com. Phanoon Limited is a company registered in United Kingdom, with company registration no. 12757664, having its registered office at Phanoon Limited, Kemp House, 152 - 160 City Road, London EC1V 2NX. Branded as Phanoon Limited ("WE"), and covers all Phanoon Limited made pursuant to this Website.
5. Eligibility and Legal Capacity
You must be at least 18 years of age to use or access our website. If you are using the website on behalf of a person or entity, you agree that you are authorized to accept these Terms on that person's behalf and that the person or entity agrees to be responsible to us if you or the person or entity violates these Terms.
6. Account Registration
In order to use the Services, you must create a Customer account (“Account”) by registering with Phanoon limited. By creating your Account, you give us some of your privacy data, such as:
- Name in full
- Social media User name
- Email Address
- Payment information (Collected by our Payment Processor)
You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted. You may have only one account.
6A. Account Closure
You have right to close your account at any time. To do so you will need to contact us by emailing us at firstname.lastname@example.org to let us know that you want your account closed. Upon receiving such request we will ensure the genuineness of such request and close your account within ten working days unless there are any pending/in-progress transactions/orders in which case the account will be closed within ten working days from the day the last pending/in-progress transaction/order is settled/completed. Upon closure of your account all data related to your account including orders/transactions history will be immediately deleted from our system (except such data/information as is required by the law/regulations to be retained indefinitely or for certain time period). You will stop receiving any electronic communication such as e-mails after your account has been closed, except such electronic communication as is necessary to process your request for the account closure.
7. Account Security
You are responsible for maintaining the security of your Account Credentials and for all Services ordered, accessed, or otherwise used in connection with your Account and all actions taken in association therewith. You will not share your Account Credentials with any third party.
8. Phanoon Limited Services
Phanoon Limited is a platform which provides digital design services such as Logo design, Business card design, Banners design, Stationary design, Social Media Kit design, T-shirt design, Icon-design, Book cover design etc. via the website. By using our website and services, you agree to abide by the Phanoon Limited terms of service found herein and all applicable local country laws.
9. Updates to Terms
We are always working on adding additional features to our Services, and because of that, and also since sometimes applicable laws change, we may revise and reissue these Terms occasionally, by posting updated Terms. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Services. You should visit this page regularly to review the current Terms. If you do not agree with our updated Terms, you should stop using our Services or close your account. Your continued use of any of our Services means you accept all of our revised terms.
10. Order and Delivery
If you ordered a service via the website, Phanoon Limited would endeavor to deliver the first proposed draft of requested service to the buyer within five (5) working days from the day order was placed. An order will only be deemed to be ‘placed’ after the payment of the listed price for the order has successfully been processed. The exact period it takes an order to complete will however depend on the timely communication by the customer.
These terms and conditions apply to every user or Customer that places an order for a Phanoon Limited product. Before the conclusion of a transaction or order, the text of these general terms and conditions will be made available to the user.
Unless otherwise agreed by Phanoon Limited in writing (including any applicable Order Form), the price for the Services shall be the price set out in Phanoon Limited sales agreement with the buyer appertaining to the date of delivery or deemed delivery.
The price for the Services shall be exclusive of any value-added tax and all costs or charges concerning the service choosen all of which amounts the buyer will also pay when it is due to pay for the Services.
Phanoon Limited may collect VAT or other indirect taxes at the applicable rate for particular countries, as per applicable tax rules, at the time of purchase of Phanoon Limited products or at the time you use the Phanoon Limited website.
We reserve the right to change future package offerings, pricing, and services at any time and without notice.
15. Quality Assurance
We want you to buy our services with complete confidence. We take great pride in the quality of our service but if you are not completely satisfied with the service you receive, please use the communication thread (which is available on the website for every successfully placed order) to request revisions. If you are still not satisfied after requested revisions have been carried out, you may ask for a refund, which is subject to our refund policy defined later in this document.
16. Service Amendments
If the User wishes to request the provision of certain additional services which fall outside of the scope of the Services, it shall submit details of the requested additional services in writing to Phanoon Limited. The Parties shall then negotiate in good faith the terms which are to apply to such additional services (including any additional fees and expenses) and shall document any agreed additional services in writing. Following which, such additional services shall be deemed to form part of the “Services”. For the avoidance of doubt, Phanoon Limited shall be under no obligation to agree to the provision of any additional services.
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the service to foster compliance with the Agreement. You now agree to such monitoring. Nevertheless, we do not make any representations, warranties, covenants, or guarantees that:
- The service, or any portion thereof, will be monitored for accuracy or unacceptable use,
- We generally do not pre-screen content before posted, uploaded, transmitted, sent or otherwise made available on or through the service by users, so you may be exposed to content that is opinionated, offensive, or inappropriate, including content that violates the Agreement.
18. Copyright and Limited License
Unless otherwise indicated, the Services and all materials on the website, including, without limitation, the Phanoon Limited logo and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the "Phanoon Limited Materials") are the property of Phanoon Limited or our licensors and protected by the United Kingdom and international copyright laws.
Phanoon Limited grants you a limited, non-exclusive, and non-sub licensable licence to access and use the website and Phanoon Limited Materials. However, such consent is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Phanoon Limited Materials; (b) the collection and use of any product listings, pictures, or descriptions; (c) the distribution, public performance or public display of any Phanoon Limited Materials; (d) modifying or otherwise making any derivative uses of the Services and the Phanoon Limited Materials; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Phanoon Limited Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Phanoon Limited Materials other than for their intended purposes. Any use of the Services or the Phanoon Limited Materials other than as specifically authorized herein, without the prior written permission of Phanoon Limited, is strictly prohibited and will terminate the licence granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall confer any licence to intellectual property rights, whether by implication or otherwise. This licence is revocable at any time.
19. Repeat Infringer Policy
Following the Digital Millennium Copyright Act 1998 ("DMCA") and other applicable law, Phanoon Limited has adopted a policy of terminating, in appropriate circumstances, and in Phanoon Limited's sole discretion, users who are repeat infringers. Phanoon Limited may also, in our sole discretion, limit access to the Services if you infringe any intellectual property rights of others, whether or not there is any repeat infringement.
20. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may notify Phanoon Limited be emailing your concern to email@example.com. You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.
21. Service Deliverables
Phanoon Limited makes all efforst in it’s capcity to ensure that services deliverables are not infringing or in significant resemblance with something already existing. However Phanoon Limited is not a registration services, hence assumes no responsibility of any incidental occurance of plagerised names, simiarity with exiting entities or similarity with existing design. However in any case of such, we will undertake to revise the design without any extra charge, provided that such concern beared reasonable grounds, similarities were pre-existing at the time of delivery, and was raised by the customer within the 12 weeks of the order delivery. Phanoon Limited assumes no obligation where it is not clear that the similarity existed before Phanoon Limited delivered the order, or it came into exitance after Phanoon Limited delivered the order. It is advisable that customer get their design registered as soon as possible in order to protect their design.
The Phanoon Limited logos, the slogan, and any other of Phanoon Limited's product or service name or slogan contained on the Services are trademarks of Phanoon Limited. They may not be copied, imitated, or used, in whole or in part, without the prior written permission of Phanoon Limited or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Phanoon Limited" or any other name, trademark or product or service name of Phanoon Limited without our prior written permission. Also, the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark or trade dress of Phanoon Limited and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, and Phanoon Limited or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
23. Service Suspension
Phanoon Limited reserves the right, without any obligation, to remove or to suspend or terminate users of Phanoon Limited without liability to us. Phanoon Limited also reserve the right to cancel any order without stating any reasons.
24. Cookies Notice
Some of the cookies we use are essential for our Sites to function correctly. To maximize your online experience, we enable cookies on the site to help us understand how we can improve or analyse the success of promotions.
25. Third-Party Content
Phanoon Limited may provide third party content on the Services. They may contain links to web pages and content of third parties (collectively the "Third Party Content"). Phanoon Limited does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Phanoon Limited is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
26. User Content and Conduct
You further agree that you are solely responsible for your conduct while using the website, and you agree that you will not:
- Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from thoroughly enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
- Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
- Send any unsolicited commercial messages;
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any unlawful activity or any activity that violates these Terms; or
- Circumvent or attempt to circumvent any filtering, security measures, or other features.
Phanoon Limited assumes no liability for any User Content posted or uploaded by you or any third party. We take no responsibility for any loss or damage to it or for any user conduct, nor is Phanoon Limited liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules outlined in these Terms is solely at Phanoon Limited's discretion, and failure to enforce such laws in some instances does not constitute a waiver of our right to enforce such rules in other cases. Also, these rules do not create any private right of action on the part of any third party or any expectation that the Services will not contain any content that is prohibited by such rules. Any use of the Services in violation of these Terms may result in termination or suspension of your usage of the website
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise display on the website; (b) the User Content is accurate and not misleading; and (c) your use and posting of the User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You agree to defend, indemnify, and hold harmless Phanoon Limited, our independent contractors, service providers, and consultants from and against any claims, damages, costs, liabilities, and expenses arising out of or related to: (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
28. Cancellation, Revision and Refund Policy
We offer you unlimited Revision for every order you place on Phanoon.com website and the opportunity to cancel your order and request for a refund, which is only possible during the design process and before the order is delivered. However all refunds are subject to a deduction of 10% of original order price on account of administrative charge.
Phanoon Limited reserve the right to cancel any order without stating any reason. If an order canceled by the Phanoon Limited was already paid by the customer, the customer is eligible for a full refund of paid price.
In all cases, a refund could take up to 10 working days. However this 10 days period does not include the time taken by the payment processor.
No refund or Revision will be issued when:
- The order is completed and final files are sent to customers’ email account.
- An order is placed and first draft has been delivered; and there is no response from the buyer, the order will be deemed as complete after 7 days of last response from customer unless we agreed with customer in case he or she needs time for review or for anything else. An order deemed as ‘complete’ is not eligible for cancellation or refund.
If you dispute any payment you have made to us for our services (by, for example, initiating a chargeback), we hereby reserve the irrevocable right to:
- Temporarily suspend or permanently terminate your Account with us; and/or
- Rescind any or all metrics you purchased from us.
If you engage in any fraudulent activity through or in relation to the Website or our services (e.g. by placing orders using a stolen credit card’s information), we will, without any exceptions, immediately terminate your account with us.
29. User Content Responsibilities
Any Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such information or content originated. You access all such information and content at your own risk.
You are responsible for all content you contribute, in any manner, to the Services, and you represent and warrant that you have all rights necessary to do so in the way in which you provide it.
Phanoon Limited has no control over the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. Also, Phanoon Limited will not and cannot monitor, verify, censor, or edit the content of any third-party site or service.
Your interactions with organizations or individuals found on or through the Services, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
If there is a dispute solely between participants on this site, or exclusively between users and a third party, you agree that Phanoon Limited is under no obligation to become involved.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY PHANOON LIMITED, THE SERVICES AND PHANOON LIMITED MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PHANOON LIMITED DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. PHANOON LIMITED DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR PHANOON LIMITED MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PHANOON LIMITED ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, PHANOON LIMITED CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
WITHOUT LIMITING THE FOREGOING, PHANOON LIMITED DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.
31. Limitation of Liability
IN NO EVENT SHALL PHANOON LIMITED, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION, IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE PHANOON LIMITED MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PHANOON LIMITED' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PHANOON LIMITED. WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY. IF ANY, TO PHANOON LIMITED FOR ACCESS TO OR USE OF THE SERVICES.
32. Ratings, Reviews, and other User Feedback
Any use of the feedback system, contrary to these terms, is prohibited. If you abuse the feedback system, Phanoon Limited is entitled to remove the Feedback, taking your legitimate interests into account, in particular your right to freedom of expression. Phanoon Limited is legally obliged to remove the Feedback, e.g., due to a court ruling. These apply mainly if:
- the Feedback contains vulgar, obscene, racist, not youth-free, or in the criminal sense, insulting statements;
- the Feedback comprises personal data, e.g., name, address, telephone number or e-mail address;
- the Feedback contains inappropriate links or scripts, e.g., with harmful content;
- the Feedback contains inappropriate advertising for third parties;
- The ratings for items include irrelevant information not related to the topic, e.g., customer service of the store, shipping of the product, or site usability issues.
Ratings and reviews and photos, videos, or other content about items and stores ("Feedback") posted by users on our Services are User Submissions that are not endorsed by Phanoon Limited and do not represent the views of Phanoon Limited. Phanoon Limited does not assume liability for ratings and reviews or any claims for economic loss resulting from such ratings and reviews. We reserve the right to exclude such Feedback for any reason or no reason, without notice. For example, we may exclude Feedback if we determine, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews.
33. Electronic Communications
For contractual purposes, you (1) consent to receiving communications from Phanoon Limited in an electronic form such as e-mails, which are necessary for the management of your account with Phanoon Limited and/or to complete business transactions between you and Phanoon Limited or the fulfilment of your orders (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Phanoon Limited provides to you electronically via e-mail satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
33A. Electronic Communications – Opting Out
You have right to opt out of receiving electronic communication at any time. However, due to the nature of the business between Phanoon Limited and you, no business transaction between you and Phanoon Limited can take place without the exchange of electronic messages, such as e-mails; therefore opting out of receiving electronic communication will also mean closure of account which is subject to clause 6A of this document.
35. No Reliance
You should not solely rely on the Material but should instead seek other opinions before taking or failing to take any action, which could lead to injury, harm, death, or damage of any kind.
36. Local Regulations
We make no representation that our service is available for use or permitted by law in any particular location. To the extent you choose to access our website, you do so at your own risk and are responsible for compliance with any applicable laws, including, but not limited, to applicable local laws. You are responsible for complying with local laws, if, and to the extent that, local laws are applicable. You expressly agree to comply with all applicable laws concerning the transmission of technical data exported from your country or United Kingdom.
37. Reporting Violations
While we are under no obligation to review your content, we reserve the right to do so at any time. We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. And we may cooperate with such authorities as they may request, all without liability to us.
38. Binding Arbitration of All Disputes; No Class Relief
If you are a user and habitually reside in a Member State of the European Union, the laws of that Member State will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms ("claim"), and you may resolve your claim in any competent court in that Member State that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved in a competent court of the United Kingdom and that the laws of United Kingdom will govern these Terms and any claim, without regard to conflict of law provisions.
39. Governing Law and Venue
These Terms and Agreement shall be governed and construed in all respects by the laws of the United Kingdom courts and the required European Union GDPR Regulation. You agree that any claim or dispute you may have against these must be resolved by arbitration. You and Phanoon Limited both agree to submit to the non-exclusive jurisdiction of the laws of the United Kingdom. For claims falling within the jurisdiction of the United Kingdom, you and Phanoon Limited both agree to submit to the jurisdiction of the United Kingdom.
Any dispute arising from these Terms and your use of the Services will be subject to arbitration, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration; hence it will be resolved by arbitration.
Phanoon Limited reserves the right, without notice and in our sole discretion, to terminate your licence to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall not affect the validity and enforceability of the remaining provisions.
42. Copyright Licence
Copyright (c) 2020(s) of first publication Phanoon Limited website. Subject to the express provisions of these terms and conditions:
- We, together with our licencors, own and control all the copyright and other intellectual property rights in Phanoon Limited website and the Material on our site; and
- All the copyright and other intellectual property rights in the Phanoon Limited website and the Material on our site are reserved.
43. Contact Us
If you have any questions about these Terms & Conditions, please contact us at E-mail: firstname.lastname@example.org and one of our representative will get back to you as soon as possible.