1.1 The definitions and rules of interpretation in this clause apply in this Agreement.
Business Day: a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
Charges: the charges payable by the Designer to the Company for provision of the Services.
Commencement Date: has the meaning set out in Clause 2.1.
Designer or You: means any designer that agrees the terms of this Agreement for the purposes of accessing and using the Platform for the marketing and sale of Designer Goods.
Designer Goods: means the garments and other wares sold by Designers on the Platform.
Intellectual Property Rights: : patents, utility models, rights to inventions, copyright and neighbouring and related
rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill
and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect
the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual
property rights, in each case whether registered or unregistered and including all applications and rights to apply for
and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent
rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Returns Period: means 10 days after a customer of the Designer confirms that it has received the Designer Goods from the Designer.
Services: means the provision of access to the Platform, by the Company, for the Designer to market and sell the Designer Goods and other duties of the Company arising out of this Agreement in relation to its operation and maintenance of the Platform.
1.2 Clause, Schedule and paragraph headings shall not affect the interpretation of this Agreement.
1.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person’s personal representatives, successors and permitted assigns.
1.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
1.5 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
1.6 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
1.7 A reference to any Party shall include that party’s personal representatives, successors and permitted assigns.
1.8 A reference to a statute or statutory provision is a reference to it as it is in force as at the date of this Agreement.
1.9 A reference to a statute or statutory provision shall include all subordinate legislation made as at the date of this Agreement under that statute or statutory provision.
1.10 A reference to writing or written includes e-mail.
1.11 Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
1.12 A reference to this Agreement or to any other agreement or document referred to in this Agreement is a reference to this Agreement or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of this Agreement) from time to time.
1.13 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.14 Any reference to this Agreement terminating shall, where the context requires, include a reference to this Agreement terminating by expiry.