Terms & Conditions

WHAT PARTS OF THESE TERMS APPLY TO MEs? 

This agreement governs your use of the Le-Toots website, located and accessible at www.le-toots.co.uk (Platform) and any other services made available. By using the Platform, you agree to be bound by this agreement, which forms a binding contractual agreement between you, the User, and us, Le-Toots Ltd, being a company incorporated in England and Wales with company number 15715000 and having its registered office address at 167-169 Great Portland Street, 5th Floor, London W1W 5PF (Le-Toots, we or us). 

The remainder of this agreement is divided into two parts:

  • Part A (Sellers), which sets out terms that apply to all Users including Sellers, who may register for a Seller Account and/or by virtue of sending written instructions to us to sell photographs, images, snaps, pictures, videos, video clips etc. (Content) through the Platform; and
  • Part B (Browsers & Buyers), which sets out additional terms that apply to all Users including those who only want to browse the Platform and Buyers, being Users who register for a Buyer Account and/or offer to buy Content from the Sellers or us through the Platform.

If you intend to use the Platform as a Seller of the Content, only Part A of these terms will apply to you. 

If you intend to use the Platform as a Browser/Buyer of the Content, only Part B of these terms will apply to you.

When we talk about the “Content” in this agreement, we are referring to photographs, images, snaps, pictures, videos, video clips etc. as sold by Sellers or us on the Platform through our website. 

PART A - SELLERS 

ELIGIBILITY

This Platform is not intended for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Platform for personal use only. 

Please do not access the Platform strictly if you are under the age of 18 years old, or if you have previously been suspended or prohibited from using the Platform. 

ACCOUNTS

In order to use most of the functionality of the Platform, the Users are required to sign-up, register and receive an account through the Platform (an Account).

As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, date of birth, valid ID proof, preferred profile name, a secure password, mobile phone number, and other information as determined by Le-Toots from time to time.

You warrant that any information you give to Le-Toots in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

Once created, your Account and profile details cannot be amended by you directly. Any change to your Account details, including your email address, must be verified by Le-Toots via one-time password (OTP).

The Buyers and Sellers will be able to communicate in case Customised Requests only and such communication must take place strictly on the Platform. You agree to ensure that your Account does not display any of your personal contact information (such as name, email address, or phone number) except profile name at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User. 

Once you complete the Account registration process, Le-Toots may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

In the event, Le-Toots notices any concerning behaviour amongst the Users, it will notify the respective Users immediately.

The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Le-Toots of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any other purpose or any activities:
  1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
  2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Le-Toots; 
  • not to act in any way that may harm the reputation of Le-Toots or associated or interested parties or do anything at all contrary to the interests of Le-Toots or the Platform; 
  • not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Le-Toots; 
  • that Le-Toots may change any features of the Platform or Content offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by Le-Toots or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • that Le-Toots may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.

SELLER SPECIFIC TERMS:

These terms of this PART A shall specifically apply to you if you have requested Le-Toots to list yourself as a Seller to sell your Content to the Buyers via the Platform. By agreeing to these terms, you allow us to sell/resell the Content and if the Content is sold in accordance with these terms, you will receive Your Fee (as described below) for selling the Content.

ACCOUNT & ELIGIBILITY 

To become a Seller on the Platform, you must create an Account. Your Account will be created following verification of your email address by using a one-time password (OTP), after successful completion your account will be activated.

You must allow and assist Le-Toots to verify that you are above the age of 18 to use the Platform. 

You hereby represent that you have read, understood and accepted these terms and conditions, and you will be legally responsible for your use of the Platform and sale of Content. If you choose not to accept these terms and conditions you will not sell Content via the Platform.

You hereby represent and warrant that you have all the appropriate intellectual property rights in the Content that will be listed by you on the Platform, and such Content does not infringe any third-party rights and is free from any claims.

SELLER PACKAGES

In order to complete your registration as a Seller and activate your Seller profile on the Platform, you must purchase one of the Seller Packages set out in the ‘Become a Seller’ tab, located at the top right of the website page. Your Seller Package determines the number of pictures you are permitted to upload to your profile on the Platform. 

Once you have selected your Seller Package, you must complete the purchase to proceed with the seller registration process. Upon successful payment, we will send you a confirmation email with your invoice. Your Seller Package will be activated upon receipt of payment and your picture upload allowance will reflect the package purchased.

After you have purchased your package, we will send you a separate email containing a link to the Seller Form. This form is mandatory and must be completed by all Sellers. In the form, you will be asked to provide the following:

  1. Your profile name, which will be automatically populated from your Account if you selected one during registration. If you created an Account without selecting a profile name, you must email Le-Toots before purchasing a Seller Package so that Le-Toots can assign a profile name to your Account (must be no more than 40 characters). Once your profile name has been assigned and you purchase a Seller Package, your Account details, including your profile name, will be automatically populated in the Seller Form. Your profile name will be used to create the category for your pictures to showcase in 
  2. A photo of you holding your identification, for identity verification purposes in accordance with the Identity Verification process shown below.
  3. The number of pictures included in your package, together with the price at which you would like them to be sold.
  4. A small description, up to 110 characters for each of your pictures (this is optional).
  5. One additional category of your choice in which your pictures will be showcased.
  6.  We ask for your consent to showcase your pictures on our social media accounts.
  7. Your signed consent to sell on our website. 

Following your successful submission of the Seller Form, Le-Toots will use reasonable endeavours to verify your details and activate your Seller profile within 48 hours.

Please note: Seller Account Management is coming in 2027. Until then, please ensure you are happy with all pictures before submitting them, as once uploaded to the Platform, pictures cannot be changed or replaced.

PACKAGE UPGRADES AND DOWNGRADES

Downgrades

Seller Packages are non-refundable and cannot be downgraded. Once a Seller Package has been purchased, you will not be entitled to a refund or credit in respect of that package.

Upgrades

If you wish to increase your picture upload allowance, you may purchase a higher-tier Seller Package at any time. 

CONTENT LISTINGS & TERMS

You acknowledge and agree that:

  1. You must use your best endeavours to provide all such requested information in any listing you submit to the Platform in which you offer to sell the Content (Content Listing);
  2. The Company may choose not to accept any Content Listing you submit to the Platform, and Le-Toots may limit the number of Content Listings you can submit to the Platform at its discretion.
  3. Any information you supply in a Content Listing such as metadata or tags must be true, and accurate.
  4. If you wish to stay anonymous, you must ensure that your face, tattoos, birthmarks and any other identifiable features are not visible and/or redact in the Content Listing. The Company does not take any responsibility for such Content Listing which identifies any particular individual.
  5. Any additional terms and conditions relating to a Content Listing, or a quote provided via the Platform, are solely between you and the relevant Buyer and do not involve Le-Toots in any way, except that they must not be inconsistent with your or the Buyer’s obligations under this agreement.
  6. The Company will have no responsibility for the accuracy, reliability or timeliness of any Buyer’s response to a Content Listing, particularly in the case where the Buyer has specifically requested customised Content.

You must upload Content Listings only if the Content is your original work and you have created it. Your Content should not: 

  1. infringe any third-party intellectual property rights, or  
  2. violate any laws, rules, or regulations. You should have unrestricted rights to the Content Listing on the Platform.

You have taken all the appropriate consents and permissions if the Content includes a photo or image of any person or their body parts in it or if co-authored, Le-Toots will not be held liable.

Upon listing the Content on the Platform, you understand that your profile name may be visible to the other Users of the Platform and all other personal details will not be visible. 

You agree that you will not contact the Buyers or other Users of the Platform outside of the Platform.

You agree to keep a backup copy of your Content on your local devices as Le-Toots does not take any liability for destruction or damage to the Content listed on the Platform. The Company only runs a marketplace, and it does not run a storage or hosting platform for Sellers to store your Content. 

Once Content has been submitted and uploaded to the Platform, Sellers cannot amend, replace or substitute that Content. If you require Content to be removed, you must contact Le-Toots. 

Seller Account Management functionality is planned for 2027, which is intended to provide Sellers with additional options for managing their Seller profile and Content.

Approval of your account by Le-Toots or the Content Listing on the Platform does not constitute any guaranteed income or sale of the Content.

The Content Listing should not include any photos or images: 

  1. that are defamatory, racist, pornographic, hurting religious sentiments, insulting, or violating any applicable laws;
  2. that are created using artificial intelligence or deepfakes;
  3. that are not photographed or created by you;
  4. that are taken without the appropriate consent or permission of another person; 
  5. that is direct advertising or soliciting the Users/Buyers;
  6. that includes any trademarks, brands, logos of any third-parties or unlicensed content;
  7. of any individual who is below the age of 18; and
  8. that contains images of defecation, urination, bestiality, nudity or similar nature. The Seller should also be careful not to upload any Content Listing that may inadvertently show any of the above in the foreground, mirror, reflections, windows etc. 

You understand that Le-Toots requires you to obtain necessary consent from the people involved, identifiable or recognizable within the Content. If the Content Listing includes any material relating to a person, you must provide us with a signed copy of the model release form of such person to the satisfaction of Le-Toots. It will be your sole responsibility to obtain any such model release form at your own sole expense (including any legal fees for obtaining such consent). If you fail to provide a signed copy of the model release form, Le-Toots may reject the Content Listing on the Platform.

CUSTOMISED REQUESTS 

From time to time, the Platform may, using its algorithm, direct to you requests for Content that have been submitted to the Platform by Buyers (Customised Requests). The Platform will generally direct you to Customised Requests that are related to your Content Listings, though Le-Toots does not guarantee this. 

When the Platform directs you to a Customised Request, you will be able to view details of the specific Content requested, however, you will be able to view the profile name of the Buyer who submitted the Customised Request.

You hereby understand and acknowledge that the Buyer will be under no obligation to buy the Content that you created pursuant to the Customised Request. Neither Buyer nor Company will be liable for any expenses (such props, camera, camera equipment, travel, fees for obtaining consent etc.) that you incurred while creating the Content as per the Customised Request, and you shall not claim any such expenses incurred by you. The Customised Requests does not guarantee the sale of the Content.

FEES

Registration of an Account on the Platform is free of cost. However, in order to post a Content Listing, you must purchase a Seller Package in accordance with the Seller Packages clause above.

You will be required to quote the cost of selling the Content specified in each Content Listing to a Buyer (Listing Price). We will charge you 20% of the Listing Price (as a Service Fee) for each Content Listing that is purchased by a Buyer.

When a Buyer purchases a Content Listing, they will be prompted to pay the Listing Price as listed and such amount will be collected by Le-Toots on your behalf.

The balance of the Listing Price minus the Service Fee (Your Fee) i.e., 80% of the Listing Price will be held in our Online Payment Partner account, by the Online Payment Partner, and transferred to your nominated bank account in accordance with the Online Payment Partner’s terms and conditions. And in accordance with Le-Toots payment frequency.

Le-Toots will send you a report setting out the total earnings of Your Fee by email on a monthly basis. The Company reserves the right to suspend pay-outs or particular payments to you in case of any ongoing disputes in regard to the Content Listing.

You:

  1. appoint the Online Payment Partner as your limited collection agent solely for the purpose of accepting Your Fee from the Buyer;
  2. agree that payments made by Users to the Online Payment Partner (acting as your collection agent) will be considered the same as payments made directly to you; and
  3. agree that all payments to your nominated bank accounts will be made in accordance with the timing specified by the Online Payment Partner, which may vary depending on your geographic location. The Online Payment Partner’s current payment terms are available here: 

Stripe: https://stripe.com/docs/payouts

PayPal: https://www.paypal.com/uk/legalhub/useragreement-full 

The Company reserves the right to change or waive the Service Fee at any time by updating this agreement, on written notice to you. We will provide you with at least 14 days written notice if this occurs, and upon receipt of such notice, you will have the right to terminate this agreement immediately, on written notice to us. Your continued use of the Services after you receive such written notice will constitute your consent to the change and/or waiver set out in that notice. 

You acknowledge and agree that, unless applicable laws or regulations require otherwise, taxes (including VAT) will be calculated and charged on the Listing Price and we will calculate the Service Fee on an amount equal to the Listing Price plus any taxes applicable to the Listing Price. 

INTELLECTUAL PROPERTY RIGHTS

By listing the Content on the Platform, you (as a Seller) hereby grant Le-Toots a non-exclusive, worldwide, royalty-free, sub-licensable, transferrable rights in the Content for selling the Content to other Users of the Platform. The right that you grant to Le-Toots under these terms includes but is not limited to the right to reproduce, display, transmit, transform, adapt, distribute, communicate, promote, and advertise such Content for selling on the Platform.

The rights granted by you to Le-Toots under this clause include the right to use the Content in any media whatsoever to display, reproduce, transmit, exhibit and reproduce on the Platform along with edit rights such as adding watermarks, editing metadata, tags, titles, descriptions, image resolution, creating thumbnails. 

You hereby acknowledge that Le-Toots may use the Content (royalty-free) for limited purposes for the promotion, advertising and marketing of the Platform. You may withdraw and revoke your consent by sending a written notification to Le-Toots at any time.

The Company will not be responsible for any credit or attribution to the Content Listing. The Company may use any of the Content on the Platform with or without any attribution or credit to you. You hereby waive any claims or damages for infringement of moral rights under the applicable laws.

BYPASSING

You agree that while you are a Seller on the Platform, regardless of the reason that your Account was suspended or cancelled, you will not, either directly or indirectly, solicit or attempt to solicit any business, work, income or other benefit, from any Buyer whom you came to know about, or with whom you provided Content to directly or indirectly, by using the Platform. This provision will apply whether the Buyer is still active on the Platform.

The Company may, in its absolute discretion, cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of this clause.

BINDING CONTRACT

You agree that your Content Listing on the Platform constitutes an offer to sell the Content and if a Buyer responds and makes payment to buy your Content this constitutes their intention and offer to enter into a contract with you, where you will provide the Buyer with the Content as specified in the relevant Content Listing, in exchange for payment of the relevant Listing Price. A contract is formed in this respect (between you and the Buyer) on the Platform confirming that the Buyer accepts your offer as per the Content Listing.

WARRANTIES

By listing yourself as a Seller on the Platform, posting a Content Listing or responding to a Customised Request, you represent and warrant that:

You are able to fulfil the requirements of the Contents as specified in the Content Listing or Customised Request; 

You are the original author of the Content, and you have created the Content on your own;

You have all the rights in the Content and can commercially exploit the Content without any limitations and without violating any other contracts with third party rights;

Your Content does not and upon sale will not violate any laws, rules or regulations; and

You have sufficiently obtained the necessary consents and releases from the appropriate rights holders, and the consents you have provided are valid and binding for usage of the Content commercially without further consent.

You hereby indemnify Le-Toots, Users, and Buyers and hold them harmless from and against any claims, losses, damages, suits, actions, awards (Claims) made against them by any third parties for infringement of intellectual property rights or violation of applicable laws, your breach of obligations or warranties under this agreement. This includes the costs necessary to defend or defend against such Claims and applies to Claims that may be made after termination of your Account with us.

REMOVAL OF CONTENT

The Company reserves the right to remove any of your Content Listing from the Platform immediately, at its sole discretion (with or without notice). The Company may remove such Content Listing if Le-Toots reasonably suspects that the Content Listing is infringing or violating any third-party rights, does not have appropriate licenses, violates or breaches these terms or any applicable laws. Further, Le-Toots may block or suspend your Account. You hereby understand and agree that upon such removal of the Content Listing from the Platform or suspending/blocking your Account, you shall not have any claims against Le-Toots.

The Company reserves the right to retain any copies of the Content for internal archive limited purpose only post termination of these terms.

POSTED MATERIALS

WARRANTIES

By providing or posting any Content related information, materials or other content on the Platform (Posted Material), you represent and warrant that:

  1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  2. the Posted Material is accurate and true at the time it is provided;
  3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of your experience;
  4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 
  6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  8. the Posted Material does not breach or infringe any applicable laws.

LICENCE

You grant to Le-Toots a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Le-Toots to use, exploit or otherwise enjoy the benefit of such Posted Material.

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Le-Toots from any and all claims that you could assert against Le-Toots by virtue of any such moral rights.

You indemnify Le-Toots against all damages, losses, costs and expenses incurred by Le-Toots arising out of any third-party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

The Company may, in its absolute discretion, review and remove any Posted Material (including your profile or Content listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material. However, Le-Toots has no obligation to screen Posted Material in advance of it being posted as it acts as a passive conduit for the online distribution of Posted Material.

You agree that you are responsible for keeping and maintaining records of Posted Material.

REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, Le-Toots will have no liability or obligation to you if:

  1. a Buyer requests for a customised or personalised Content but does not end up buying the Content; or
  2. for whatever reason, including technical faults, the Content as listed on the Platform cannot be downloaded,

and you will not be entitled to any compensation from Le-Toots (except for a refund wherever applicable).

IDENTITY VERIFICATION

(Verification) We may require Users to verify their details (including name and date of birth) using our processes or an external identity verification service as applicable. We request you to kindly mask/redact any other personal information on the identity card and only provide us with a name and date of birth information and proof.

(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy. Where an external verification service is used, you acknowledge and agree that: 

  1. we may contact and share your personal information with a verification service to verify your details; 
  2. you consent to us receiving, sharing and using this information to enable us to carry out the verification service.

(Warranty and Indemnity) You acknowledge and agree that:

  1. we are reliant on the information provided by you to us or to the verification services to verify your identity and to the extent permitted by law; and
  2. we do not endorse any User or Content.

ONLINE PAYMENT PARTNER

We may use third-party online payment partners, currently e.g. Stripe, PayPal (Online Payment Partner) to collect payments on the Platform, including for our Platform.

The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. 

You agree to release Le-Toots and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 

SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Le-Toots cannot and does not represent, warrant or guarantee that:

  1. the Platform will be free from errors or defects;
  2. the Platform will be accessible at all times;
  3. information you receive or supply through the Platform will be secure or confidential; or
  4. any information provided through the Platform is accurate or true.

INTELLECTUAL PROPERTY 

The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Material) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you. 

You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Material without prior written consent from Le-Toots or as permitted by law. For the sake of clarity, this does not imply any rights in the Content sold on the Platform, and Le-Toots does not hold any title to the Content (unless expressly mentioned).

Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.

THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Material). The Company accepts no responsibility for Third Party Material and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Material.

THIRD PARTY TERMS

Any service that requires Le-Toots to acquire goods and services supplied by a third party on behalf of the Users (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Le-Toots to acquire the content or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

DISPUTES BETWEEN USERS

You should direct and report any complaint relating to another User to us by sending us an email at customer.support@le-toots.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it within 48 working hours.

Any costs you incur in relation to a complaint or dispute will be your sole responsibility.

The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

If you have a dispute with Le-Toots, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. 

Notwithstanding any other provision of this clause Termination, you or Le-Toots may at any time cancel your Account or discontinue your use of the Platform.

SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

DISCLAIMER

(Marketplace service) The Company enables the marketplace for Buyers and Sellers for the purposes of displaying and selling Content via the Platform. The Company simply collects a commission or service fee in consideration for providing this marketplace service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers and Sellers (unless agreed in writing) in relation to such services or otherwise resulting from the marketplace.

The Company enables and facilitates a Platform for listing Content that enables the Seller to offer or sell the Content and the Buyer to buy the Content, particularly for photographs, images, snapshots, and pictures on an ‘as is, where is’ basis. The Company is not involved in the actual transaction between the Buyers and Sellers except as provided herein.

The Company facilitates the transactions by way of listing the Content from the Sellers or other Users (non-Sellers) on the Platform for targeted Buyers; providing the Platform for the Listings, payment, and invoicing such as receiving funds from the Buyer and making payments to the Seller; allowing the buyer to stream and download the Content for the payment; and assisting Buyers with storage on the Platform.

(Limitation of liability) To the maximum extent permitted by applicable law, Le-Toots excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.

(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

(Indemnity) You agree to indemnify Le-Toots and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives:

  1. breach of any term of this agreement; 
  2. use of the Platform; or
  3. your provision or receipt of services from another User.

To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

CONFIDENTIALITY

You agree that:

  1. no information owned by Le-Toots, including system operations, documents, marketing strategies, and User information, may be disclosed or made available to any third parties; and
  2. all communications involving the details of other Users on this Platform and of the Sellers and Buyers are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.

NON-USER SELLERS

This clause will specifically apply to those non-users who wish to sell/donate their Content on the Platform. If you are not a registered User on the Platform but would still like to sell the Content on your behalf on the Platform, you may contact us via email at customer.support@le-toots.com
The Company will be able to assist you in selling the Content as a non-user on the Platform and may enter into a separate arrangement on the terms and conditions mentioned therein. Such non-users may send the Content to Le-Toots to sell it on the Platform. The Content should be in accordance with this agreement including appropriate rights in the Content to Le-Toots to sell, display, publish and list or offer on the Platform for sale. If applicable, the Content is sold on the Platform, Le-Toots may pay the appropriate amount to such non-User in accordance with Part B of this agreement or as mutually agreed in writing.

PRIVACY

You agree to be bound by the clauses outlined in Le-Toots’ Privacy Policy, which can be accessed here Privacy Policy

COLLECTION NOTICE

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

Our Privacy Policy contains more information about how we use, disclose and store your information and details about how you can access and correct your personal information. 

TERMINATION

Either Le-Toots or the User may terminate the User’s account at any time for any reason. 

In the event that a User’s Account is terminated:

  1. the User’s access to the Platform will be revoked;
  2. the User will be unable to view any Content listing or their history on the Platform; and
  3. the User may be unable to view the details of the Content listings previously posted by the respective User which will also be removed from the Platform.

Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time using the Platform’s functionality, where such functionality is available they may do so by going to their Account settings and deleting their profile from the Platform. Where such functionality is not available, Le-Toots will effect such termination within a reasonable time after receiving written notice from the User to us via email at customer.support@le-toots.com.

Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

TAX

You are responsible for the collection and remission of all taxes associated with the Content you download, provide or receive or any transactions through your use of the Platform, and Le-Toots will not be held accountable in relation to any transactions between Buyers and Sellers where tax related misconduct has occurred.

RECORDS

To the extent permitted by law, Le-Toots reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including inquiries, specific Customised Requests, comments, feedbacks, reviews, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Le-Toots.

NOTICES

A notice or other communication to a party under this agreement must be:

  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

  1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in United Kingdom, in which case the notice will be taken to be given on the next occurring business day in United Kingdom; or
  2. when replied to by the other party,

whichever is earlier.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

THIRD PARTY RIGHTS

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.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or liability assumed by, or a right conferred on two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

  1. (singular and plural) words in the singular include the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely by a party because that party was responsible for the preparation of this agreement or that provision.

https://stripe.com/docs/payouts

https://www.paypal.com/uk/legalhub/useragreement-full

PART B - BROWSERS & BUYERS

ELIGIBILITY

This Platform is not intended for use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that you are over the age of 18 years and accessing the Platform for personal use only. You must also not knowingly allow anyone under the age of 18 access to the Platform.

Please do not access the Platform strictly if you are under the age of 18 years old, or if you have previously been suspended or prohibited from using the Platform. 

ACCOUNTS

In order to use most of the functionality of the Platform, the Users are required to sign-up, register and receive an account through the Platform (an Account).

As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, date of birth, preferred profile name, a secure password, mobile phone number, and other information as determined by Le-Toots from time to time.

You warrant that any information you give to Le-Toots in the course of completing the Account registration process will always be accurate, honest, correct and up to date.

Once created, your Account and profile details cannot be amended by you directly. Any change to your Account details, including your email address, must be verified by Le-Toots via one-time password (OTP).

The Buyers and Sellers will not be able to communicate via the Platform. Buyers can send Customisation Requests only, to which the Seller may accept or decline. These requests must strictly be via the Platform only. Any such Customisation Requests are monitored and will be deleted if any personal information is shared. You agree to ensure that your Account does not display any of your personal contact information (such as name, email address, or phone number) except profile name at any time so that it can be viewed by any other User. You agree to not give your contact details to any other User. 

Once you complete the Account registration process, Le-Toots may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.

In the event, Le-Toots notices any concerning behaviour amongst the Users, it will notify the respective Users immediately.

The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

USER OBLIGATIONS

As a User, you agree:

  • not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
  • to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Le-Toots of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform’s security;
  • to not use the Platform for any other purpose or any activities 
  1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
  2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Le-Toots; 
  • not to act in any way that may harm the reputation of Le-Toots or associated or interested parties or do anything at all contrary to the interests of Le-Toots or the Platform; 
  • not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Le-Toots; 
  • that Le-Toots may change any features of the Platform or Content offered through the Platform at any time without notice to you;
  • that information given to you through the Platform, by Le-Toots or another User including a Seller, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
  • Le-Toots may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause.

POSTED MATERIALS

WARRANTIES

By providing or posting any Content related information, materials or other content on the Platform (Posted Material), you represent and warrant that:

  1. you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
  2. the Posted Material is accurate and true at the time it is provided;
  3. any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of your experience;
  4. the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
  5. the Posted Material is not “passing off” of any product or service and does not constitute unfair competition; 
  6. the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
  7. the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
  8. the Posted Material does not breach or infringe any applicable laws.

LICENCE

You grant to Le-Toots a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for Le-Toots to use, exploit or otherwise enjoy the benefit of such Posted Material.

If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release Le-Toots from any and all claims that you could assert against Le-Toots by virtue of any such moral rights.

You indemnify Le-Toots against all damages, losses, costs and expenses incurred by Le-Toots arising out of any third-party claim that your Posted Material infringes any third party’s Intellectual Property Rights.

REMOVAL

The Company may, in its absolute discretion, review and remove any Posted Material (including your profile or Content listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material. However, Le-Toots has no obligation to screen Posted Material in advance of it being posted as it acts as a passive conduit for the online distribution of Posted Material.

You agree that you are responsible for keeping and maintaining records of Posted Material.

REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS

To the maximum extent permitted by law, Le-Toots will have no liability or obligation to you if:

  1. a Buyer requests for a customised or personalised Content but does not end up buying the Content; or
  2. for whatever reason, including technical faults, the Content as listed on the Platform cannot be downloaded,

and you will not be entitled to any compensation from Le-Toots (except for a refund wherever applicable).

IDENTITY VERIFICATION

(Verification) We may require Users to verify their details (including name and date of birth) using our processes or an external identity verification service as applicable. We request you to kindly mask/redact any other personal information on the identity card and only provide us with a name and date of birth information and proof.

(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy. Where an external verification service is used, you acknowledge and agree that: 

  1. we may contact and share your personal information with a verification service to verify your details; 
  2. you consent to us receiving, sharing and using this information to enable us to carry out the verification service.

(Warranty and Indemnity) You acknowledge and agree that:

  1. we are reliant on the information provided by you to us or to the verification services to verify your identity and to the extent permitted by law; and
  2. we do not endorse any User or Content.

Order AND FEES

If you place an order to purchase Content on the Website (Order), that will constitute your entry into a contract with each Seller of the Content in your Order.

If your Order is for multiple items of Content, whether or not the Content are from different Sellers, each item of Content in your Order will constitute a separate Order and may be cancelled by the respective Seller if that Seller is unable to fulfil the Order for the relevant Content. 

For each item of Content in your Order, you must pay the price listed for the Content on the Website (Price).

The Price will be debited from your account and we will keep a Service Fee which will be a percentage of the Price.

ONLINE PAYMENT PARTNER

We may use third-party online payment partners, currently e.g. Stripe, PayPal (Online Payment Partner) to collect payments on the Platform, including for our Platform.

The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner. 

You agree to release Le-Toots and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner’s platform or any error or mistake in processing your payment.

We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment. 

PROMOTIONAL OFFERS

We may offer coupon or discount codes, gift vouchers or promotional offers (Promotional Offers) from time to time as set out on our Website. 

Unless otherwise agreed in writing or specified on our Website, only one Promotional Offer code (Promo Code) may be applied per transaction. 

It is your responsibility to ensure you are logged in to your Account and enter the Promo Code correctly at checkout to redeem the Promotional Offer. 

We may run Promotional Offers which do not have a Promo Code and will be automatically applied at checkout to eligible transactions, provided you are logged in to your Account in which the Promotional Offer has been awarded. 

Any discount shall be indicated at checkout when a Promotional Offer is correctly applied. 

If you fail to apply a Promo Code or Promotional Offer correctly and proceed to checkout, we are not required to issue any refunds. 

We reserve the right to impose additional conditions on any Promotional Offer we may offer, which shall be set out on our Website. 

If a Promotional Offer has an expiry date listed, then the corresponding Promo Code may only be used on transactions completed up to and including the expiry date. 

SERVICE LIMITATIONS

The Platform is made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that Le-Toots cannot and does not represent, warrant or guarantee that:

  1. the Platform will be free from errors or defects;
  2. the Platform will be accessible at all times;
  3. information you receive or supply through the Platform will be secure or confidential; or
  4. any information provided through the Platform is accurate or true.

INTELLECTUAL PROPERTY 

The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Platform (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Platform Material) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you. 

You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Material without prior written consent from Le-Toots or as permitted by law. For the sake of clarity, this does not imply any rights in the Content sold on the Platform, and Le-Toots does not hold any title to the Content (unless expressly mentioned).

Intellectual Property Rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in the United Kingdom and throughout the world.

THIRD PARTY CONTENT

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Material). The Company accepts no responsibility for Third Party Material and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Material.

THIRD PARTY TERMS

Any service that requires Le-Toots to acquire goods and services supplied by a third party on behalf of the Users (including a third party payment service) may be subject to the terms and conditions of that third party (Third Party Terms), including ‘no refund’ policies.

Users agree to familiarise themselves with any Third Party Terms applicable to any such goods and services and, by instructing Le-Toots to acquire the content or services on the User’s behalf, the User will be taken to have agreed to such Third Party Terms.

DISPUTES BETWEEN USERS

You should direct and report any complaint relating to another User to us by sending  an email at customer.support@le-toots.com. We will assess the complaint and attempt to quickly and satisfactorily resolve it within 48 working hours.

Any costs you incur in relation to a complaint or dispute will be your sole responsibility.

The Company has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.

If you have a dispute with Le-Toots, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings. 

Notwithstanding any other provision of this clause Termination, you or Le-Toots may at any time cancel your Account or discontinue your use of the Platform.

SECURITY

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

DISCLAIMER

(Marketplace service) The Company enables the marketplace for Buyers and Sellers for the purposes of displaying and selling Content via the Platform. The Company simply collects a commission or service fee in consideration for providing this marketplace service and does not have any obligations or liabilities to, and is not a party to any contract between, Buyers and Sellers (unless agreed in writing) in relation to such services or otherwise resulting from the marketplace.

The Company enables and facilitates a Platform for listing Content that enables the Seller to offer or sell the Content and the Buyer to buy the Content, particularly for photographs, images, snapshots, and pictures on an ‘as is, where is’ basis. The Company is not involved in the actual transaction between the Buyers and Sellers except as provided herein.

The Company facilitates the transactions by way of listing the Content from the Sellers or other Users (non-Sellers) on the Platform for targeted Buyers; providing the Platform for the Listings, payment, and invoicing such as receiving funds from the Buyer and making payments to the Seller; allowing the buyer to stream and download the Content for the payment; and assisting Buyers with storage on the Platform.

(Limitation of liability) To the maximum extent permitted by applicable law, Le-Toots excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any services provided by any Seller. This includes the transmission of any computer virus.

(Disclaimer) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.

(Indemnity) You agree to indemnify Le-Toots and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives:

  1. breach of any term of this agreement; 
  2. use of the Platform; or
  3. your provision or receipt of services from another User.

To the extent that the provisions of any applicable law shall impose restrictions on the extent to which liability can be excluded under these terms including, for the avoidance of doubt, the provisions of sections 3, 6 and 11 of the Unfair Contract Terms Act 1977 in the UK (and its equivalent in any other jurisdiction) relating to the requirement of reasonableness, the exclusions set out in this clause shall be limited in accordance with such restrictions. However, any exclusions of liability that are not affected by such restrictions shall remain in full force and effect.

CONFIDENTIALITY

You agree that:

  1. no information owned by Le-Toots, including system operations, documents, marketing strategies, and User information, may be disclosed or made available to any third parties; and
  2. all communications involving the details of other Users on this Platform and of the Sellers and Buyers are confidential and must be kept as such by you and must not be distributed nor disclosed to any third party.

NON-USER SELLERS

Le-Toots may, at its discretion, enter into a separate written agreement with a person who is not a registered User for the provision and sale of Content on the Platform.

Any such arrangement will be subject to the terms of the separate written agreement between Le-Toots and that person. The person providing the Content must have all necessary rights, permissions and consents required to allow Le-Toots to list, display, publish and sell the Content on the Platform.

Where a Buyer purchases Content supplied under such an arrangement, the Buyer's purchase will be subject to the applicable provisions of Part B of these Terms. Any amount payable to the person who supplied the Content will be determined and paid in accordance with their separate written agreement with Le-Toots.

PRIVACY

You agree to be bound by the clauses outlined in Le-Toots’ Privacy Policy, which can be accessed here Privacy Policy

COLLECTION NOTICE

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

Our Privacy Policy contains more information about how we use, disclose and store your information and details about how you can access and correct your personal information. 

TERMINATION

Either Le-Toots or the User may terminate the User’s account at any time for any reason. 

In the event that a User’s Account is terminated:

  1. the User’s access to the Platform will be revoked;
  2. the User will be unable to view any Content listing or their history on the Platform; and
  3. the User may be unable to view the details of the Content listings previously posted by the respective User which will also be removed from the Platform.

Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time using the Platform’s functionality, where such functionality is available they may do so by going to their Account settings and deleting their profile from the Platform. Where such functionality is not available, Le-Toots will effect such termination within a reasonable time after receiving written notice from the User to us via email at customer.support@le-toots.com.

Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

TAX

You are responsible for the collection and remission of all taxes associated with the Content you download, provide or receive or any transactions through your use of the Platform, and Le-Toots will not be held accountable in relation to any transactions between Buyers and Sellers where tax related misconduct has occurred.

RECORDS

To the extent permitted by law, Le-Toots reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users (including inquiries, specific Customisation Requests, reviews, comments, feedback, cookies, and I.P. address information) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Le-Toots.

NOTICES

A notice or other communication to a party under this agreement must be:

  1. in writing and in English; and
  2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified, then the email address most regularly used by the parties to correspond regarding the subject matter and date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.

Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:

  1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the United Kingdom, in which case the notice will be taken to be given on the next occurring business day in United Kingdom; or
  2. when replied to by the other party,

whichever is earlier.

GENERAL

GOVERNING LAW AND JURISDICTION

This agreement is governed by the laws of England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

THIRD PARTY RIGHTS

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.

WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

JOINT AND SEVERAL LIABILITY

An obligation or liability assumed by, or a right conferred on two or more persons binds or benefits them jointly and severally.

ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

INTERPRETATION

  1. (singular and plural) words in the singular include the plural (and vice versa);
  2. (gender) words indicating a gender includes the corresponding words of any other gender;
  3. (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
  4. (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, a consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
  5. (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
  6. (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
  7. (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
  8. (headings) headings and words in bold type are for convenience only and do not affect interpretation;
  9. (includes) the word “includes” and similar words in any form is not a word of limitation; and
  10. (adverse interpretation) no provision of this agreement will be interpreted adversely by a party because that party was responsible for the preparation of this agreement or that provision.

BUYER SPECIFIC TERMS:

BUYING & DELIVERY OF CONTENT 

You acknowledge and agree that:

  1. if you respond to a Content Listing and make the payment for the Listing Price as listed on the Content Listing, that will constitute your contract with the Seller;
  2. for each Content you purchase on the Platform, the Listing Price shall be paid by you to Le-Toots by way of using any of the Online Payment Partners; and
  3. any terms and conditions relating to Content, as listed more appropriately under each Content Listing via the Platform, are solely between you and the relevant Seller and do not involve Le-Toots in any way, except that such terms and conditions must not be inconsistent with your or the Seller’s obligations under this agreement.

When you submit a Customised Request on the Platform, you must only submit requests for the Content that would not include any photos or images: (i) that are defamatory, racist, pornographic, hurting religious sentiments, insulting, or violating any applicable laws; (ii) that are purposely taken by Seller (upon your request) without the appropriate consent or permission of another person; and (iii) that includes any trademarks, brands, logos of any third-parties.

When you buy Content on the Platform, such Content will be delivered to you within a period of 6 hours from the successful payment via (a) your nominated or associated email address with your Account, (b) a link sent via short message services (SMS), or (c) within your Account directly, if you have purchased storage services on the Platform itself, in accordance with these terms, dependent on the available delivery methods at the time of purchase. 

You acknowledge that upon delivery of the Content you will not edit, alter, or modify the Content and use it morally and ethically as per the applicable laws. 

You acknowledge that due to security measures, all the Content on the Platform will be displayed with a watermark until they are purchased and downloaded. The watermark will be removed upon downloading the Content from the Platform.

All your purchases on the Platform will be saved or stored on your Account in a thumbnail format, or if you have purchased a storage plan, then you will be able to store and access the Content in your Account’s gallery. You may access all your purchases at any time by logging into the Account. If you wish to delete your Account in future, we request you to download all your purchases on your personal device before deleting the Account. You understand that Le-Toots will delete the account including the purchase history and you will not hold Le-Toots liable for any loss of your data or purchase history.

Le-Toots may offer various storage plans from time to time. Where storage plans are available, you may opt to purchase a storage plan to store and access eligible Content within your Account. 

PAYMENT

(Payment obligations) Unless otherwise agreed in writing with the Seller, you must pay for all Content specified in a Content Listing prior to Le-Toots or Seller delivering the Content to you.

(Taxes) The applicable tax will be charged on the Listing Price for all the Content Listings;

(Card surcharges) Our Online Payment Partner may charge credit card surcharges if payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express). Such card surcharges will be solely borne by you and not by Le-Toots. 

(Pricing errors) In the event that Le-Toots discovers an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to agreement with the Seller, you will then have the option of purchasing the relevant Content at the correct price or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

STORAGE SUBSCRIPTION & CANCELLATIONS

You understand that all the storage plans are on a paid subscription basis. You must pay for the subscription as per the pricing plan and model displayed on our Platform. If you are a regular User (signed up for the storage subscription more than 6 months ago) and wish to cancel the subscription, you must provide us with at least 30 days’ notice before cancelling your existing plan. Further, if you are new Users (signed up for the storage subscription less than 6 months) and wish to cancel the subscription, you may cancel it immediately, and we will refund you on pro-rata basis only if cancelled within the first 15 days of the billing cycle.

You will not be entitled to any compensation from Le-Toots in relation to any cancellations done by you.

RIGHT TO CANCEL

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 gives consumers the right to cancel online purchases within 14 days. 

If you wish to cancel your purchased order, you must contact Le-Toots immediately. If Le-Toots decides to investigate your cancellation, you must provide assistance and information to Le-Toots as reasonably requested. 

Nothing in this clause shall affect the rights you have as a consumer under the Consumer Rights Act 2015.

The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’). The Products we provide to you must be as described, fit for purpose and of satisfactory quality.

You hereby understand and agree that as soon as you stream and download the Content, or the link to download the Content has been downloaded, or a Content is delivered to you pursuant to the Customised Request, you will lose your 14 days right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Le-Toots tracks when the download link has been downloaded, and your Account order history will be updated accordingly; your right to cancel will be treated as waived from that point. 

REVIEWS

Buyers may provide feedback about Sellers regarding the services Buyers received from them via the Platform (Review). 

Reviews may be viewed by any User and will remain viewable until we remove or terminate them.

Buyers must only provide true, fair and accurate information in their Reviews.

If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant User from posting further Reviews. We reserve the right to verify each Review made by any User.

To the maximum extent permitted by law, we are not responsible for the content of any Reviews.

You may not publish Reviews of Sellers with whom you have or previously had a personal or professional relationship (separately from the Platform).

You may only write about your own experience about the quality of the Content. 

Your Service Experience must have occurred within the last 12 months when you submit a Review. 

INDEMNITY

You hereby indemnify Le-Toots and hold it harmless from and against any claims, losses, damages, suits, actions, awards (Claims) made against Le-Toots by any third parties for infringement of intellectual property rights or violation of applicable laws, your breach of obligations or warranties under this agreement. This includes the costs necessary to defend or defend against such Claims and also applies to Claims that may be made after termination of your Account with us.

COMMUNICATION OUTSIDE THE PLATFORM

You must not communicate with a Seller, or request or entice a Seller to communicate with you, outside the Platform.

The Company, in its absolute discretion, may cancel your Account and suspend you from using the Platform if it finds or suspects that you have breached or are in breach of the Indemnity clause.

 

Contact Us

You can contact us by, email if you have any questions about the website Terms and Conditions, our contact details are shown below:

customer.support@le-toots.com      

LE-TOOTS LTD

Last Updated: [09.08.2026]