TERMS AND CONDITIONS FOR WWWW.3DWEBCITIZENSHIP.COM CITIZENSHIP PACKAGE
These Terms and Conditions are solely in relation to the sale and issue of ‘the goods’ via a limited time selected email marketing campaign launched by Creative 3D Web PLC Company registration number: 131610C whose registered address is 17D, Tromode Estate, Tromode, Isle of Man, IM4 4RG.
- Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
|“Business Day”||means any day other than Saturday or Sunday or bank holiday in the Isle of Man.|
|“Calendar Day”||means any day of the year.|
|“Citizen”||means any person who activates his virtual 3D Passport automatically becomes a member of any of Our planned 3D Environments.|
|“Company”||means Creative 3D Web PLC a company limited by shares incorporated in the Isle of Man under 131610C whose registered address is 17D, Tromode Estate, Tromode, Isle of Man, IM4 4RG.|
|“Commemorative Coin”||means an exclusively commissioned coin commemorating the launch of the Virtual 3D Web and its many 3D Worlds. This commemorative coin has no commercial or monetary value.|
|“Contract”||means the contract for the purchase and sale of Goods, as explained in Clause 3.|
|“Goods”||means the Commemorative Coin, Virtual 3D Web Passport and Virtual Premier Apartment.|
|“Services”||means discount club fulfilment of passport services and products as part of citizenship within the Virtual 3D Web.|
|“Month”||means a calendar month.|
|“Order”||means Your order for the Goods, made via web based sales.|
|“Order Confirmation”||means Our acceptance and confirmation of Your Order as described in Clause 3.|
|“Pre-Contract Information”||means information relating to Creative 3D Web PLC, the Goods, and Your legal rights that We are required to provide under the Contract and any regulations which will be made available to You via our website.|
|“Price”||means $150 (one hundred and fifty US dollars) for the goods.|
|“Returns Address”||means Creative 3D Web PLC, 17D, Tromode Estate, Tromode, Isle of Man, IM4 4RG.|
|“Shares”||offer of 100 gifted Shares; subject to Know Your Customer compliance.|
|“Standard Delivery”||means Our standard delivery method as set out in Clause 7.|
|“Virtual 3D Web Passport”||means passport used to qualify for discount within environments within the virtual 3D web.|
|“Virtual Premier Apartment”||means the 3D customized apartment that You receive|
|“We/Us/Our”||means the Company.|
|“You/Your”||means the person purchasing the Citizenship Package.|
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by email or other means.
- Information About Us
2.1 Creative 3D Web PLC company number: 131610C whose address is: 17D, Tromode Estate, Tromode, Isle of Man, IM4 4RG.
- The Contract.
3.1 These Terms and Conditions govern the sale of the Goods by Us, via website sales, and will form the basis of the Contract between Us and You. Before submitting Your Order, You should ensure that You have read these Terms and Conditions and the Pre-Contract Information carefully.
3.2 Nothing provided by Us including, but not limited to, information given over the telephone, sales and marketing literature, price lists and other information constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
3.3 A legally binding Contract between Us and You will be created upon Our acceptance of Your Order, indicated by Our Order Confirmation. Order Confirmations will be provided at checkout on the website.
3.4 By submitting Your Order You are warranting that:
3.4.1 You are legally capable of entering into the Contract; and
3.4.2 You are at least 18 years old.
- The Goods.
4.1 We have made every reasonable effort to ensure that the Goods including digital content conform to illustrations, photographs and descriptions provided in Our sales and marketing literature We cannot, however, guarantee that all descriptions, illustrations and/or photographs will be accurate.
4.2 We are required by law to supply Goods that conform to the Contract. If You receive any Goods that do not conform to the Contract, please refer to Clause 8.
4.3 If We find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any verbal descriptions, sales and marketing literature, or any other information We will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.
4.4 We reserve the right to make any changes from time to time in the specification of the Goods that may be required to conform to any applicable safety or other legal or regulatory requirements without notice.
4.5 We reserve the right to refuse to supply any individual and to limit the maximum quantities of the Goods which may be purchased by any individual (whether per individual order or in aggregate).
5.1 All Orders for the Goods made by You via web sales will be subject to these Terms and Conditions.
5.2 You may change Your Order at any time before we dispatch the Goods by contacting Us.
5.3 If You change Your mind, You may cancel Your Order at any time before We dispatch the Goods by contacting Us. Please refer to Clause 9 for details of Your cancellation rights.
5.4 We may cancel Your Order at any time before We dispatch the Goods in the following circumstances:
5.4.1 The Goods are no longer in stock and We are unable to re-stock (if, for example, the Goods are discontinued); or
5.4.2 An event outside of Our control continues for more than 28 Days (please see Clause 12 for events outside of Our control).
5.5 If We cancel Your Order under Clause 5 and You have already paid for the Goods, the payment will be refunded to You within 14 days. If We cancel Your Order, You will be informed by email and the cancellation will be confirmed in writing by email.
- Price and Payment.
6.1 The Price of the Goods is US$150.
6.2 Our Prices include the cost of standard UK delivery and standard international delivery.
6.3 All payments for Goods must be made in advance before We can dispatch the Goods to You.
6.4 We accept the following methods of payment:
6.4.2 Debit cards;
6.4.3 Credit Cards
6.4.4 Bank Transfers
6.5 Credit and/or debit cards will be charged upon order.
6.6 Any fees charged to you by your bank or card processor are your responsibility.
7.1 When we send You an Order Confirmation, We will provide, along with a confirmation of the Pre-Contract Information, an estimated delivery date. Please note that estimated delivery dates may vary according to the availability of Goods and Your location. In any event, subject to any circumstances beyond Our control, and subject to any longer period to which You agree when placing Your Order (for Goods that We stock only on demand, for example), Goods will be delivered to You no more than 90 Calendar Days after the date that the Contract is formed (see Clause 3.3).
7.2 Delivery will be deemed to have taken place when the Goods have been received by You (or another person identified by You) at Your chosen delivery address. If for any reason Our Chosen Carrier is unable to deliver the Goods at Your chosen delivery address, the Chosen Carrier will leave a calling card.
7.3 The responsibility (sometimes referred to as the “risk”) for the Goods remains with Us until delivery is complete as defined in sub-Clause 7.3 at which point it will pass to You.
7.4 You own the Goods once We have received payment in full for them.
- Faulty, Damaged or Incorrect Goods.
8.1 By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that You have seen or examined (unless We have made You aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods You have purchased do not comply and, for example, have faults or are damaged when You receive them, or if You receive incorrect Goods, please contact Us as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.
8.2 Beginning on the day that You receive the Goods (and ownership of them) You have a 14 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above. Alternatively, You may request a repair of the Goods or a replacement. We will bear any associated costs and will carry out the repair or replacement within a reasonable time and without significant inconvenience to You. In certain circumstances, where a repair or replacement is impossible or otherwise disproportionate, We may instead offer You a full refund. If You request a repair or replacement during the 14 Calendar Day rejection period, that period will be suspended while We carry out the repair or replacement and will resume on the day that You receive the replacement or repaired Goods. If less than 7 Calendar Days remain out of the original period, it will be extended to 7 Calendar Days. If, after a repair or replacement, the Goods still do not conform (or if We cannot do so as previously described, or have failed to act within a reasonable time or without significant inconvenience to You), You may have the right either to keep the Goods at a reduced price, or to reject them in exchange for a refund.
8.3 Please note that You will not be eligible to claim under this Clause 8 if We informed You of any faults, damage or other problems with the Goods before Your purchase of them; if You have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from Your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that You may not return Goods to Us under this Clause 8 merely because You have changed Your mind. If You are a consumer in the European Union You have a statutory right to a 14 day cooling off period within which You can return Goods for this reason. Please refer to Clause 9 for more details.
8.4 To return Goods to Us for any reason under this Clause 8, You may do by post or another suitable delivery choice to Our Returns Address. We will be fully responsible for the costs of returning Goods under this Clause 8 and will reimburse You where appropriate.
8.5 Refunds (whether full or partial, including reductions in price) under this Clause 8 will be issued within 14 Calendar Days of the day on which We agree that You are entitled to the refund.
8.6 Any and all refunds issued under this Clause 8 will include all delivery costs paid by You when the Goods were originally purchased.
- Your Right to Cancel If You Change Your Mind
9.1 You may cancel Your Contract and return the Goods to Us for any reason up to 14 Calendar Days after the Goods come into Your physical possession (i.e. You or another person identified by You taking delivery of the Goods under sub-Clause 7.3). If You wish to cancel Your Order before receiving Our Order Confirmation or if You wish to cancel the Contract after receiving the Order Confirmation but before We have dispatched the Goods, sub-Clauses 9.2 will apply
9.2 If You wish to exercise Your right to cancel under this Clause 9, You must inform Us of Your decision. You may do so in any way that is convenient to You. Please ensure that You inform Us of Your decision to cancel before the period in sub-Clause 9.1 expires. (Note that the cancellation period is defined as whole Calendar Days. If, for example, You send Us an email or a letter by 23:59 on the final day of the cancellation period, Your cancellation will be valid and accepted.) We provide a cancellation form that You may use if You wish to inform Us in writing. The cancellation form and accompanying instructions are available by contacting Us:
9.2.1 By email on firstname.lastname@example.org or
9.2.2 By post: to Creative 3D Web PLC at 17D, Tromode Estate, Tromode, Isle of Man, IM4 4RG .
9.3 We may ask You why You have chosen to cancel and may use any answers You provide to improve Our Goods and services; however, You are under no obligation to provide any details if You do not wish to.
9.4 You must return the Goods to Us no more than 14 Calendar Days after the day on which You have informed Us that You wish to cancel under this Clause 9.
9.5 You may return Goods to Us by post or another suitable delivery service of Your choice to Our Returns Address. For Goods returned under this Clause 9 We will reimburse You for reasonable postage or shipping costs (up to the equivalent of Royal Mail 1st class standard postage).
9.6 Refunds under this Clause 9 will be issued to You within 14 Calendar Days following the day on which We receive the Goods back.
9.7 Refunds under this Clause 9 may be subject to deductions in the following circumstances:
9.7.1 Refunds may be subject to deductions for any diminished value in the Goods resulting from Your excessive handling of them. For the purposes of this Clause 9, “excessive handling” means any more handling than is reasonably required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
9.7.2 We will make no deductions for damage to delivery packaging (i.e. additional packaging into which We have placed the Goods in their original packaging) but We may make deductions if the original packaging has been damaged (e.g. torn or otherwise unsealed in a way that would make it difficult or impossible to reseal the packaging and resell the Goods in “new” condition).
9.7.3 Standard Delivery charges will be reimbursed in full along with the Price of the Goods, however We cannot reimburse any additional costs for Premium Delivery. If You chose a Premium Delivery option when You ordered the Goods, We will only reimburse the equivalent Standard Delivery costs as part of Your refund.
9.8 Refunds under this Clause 9 will be made using the same payment method You used when ordering the Goods.
- Our Liability.
10.1 Subject to Clause 10.2, our liability under this Contract is strictly limited to the Price and we will not be responsible for any indirect loss or consequential loss however arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.2 Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence; or for fraud or fraudulent misrepresentation or for any matter which it would be illegal for us to exclude or attempt to exclude.
- Intellectual Property/Restrictions of Use.
11.1 You acknowledge and agree that We are the sole and exclusive owner of all rights, title and interest in the Software and Goods (including all intellectual property rights therein) and that no rights are granted by Us to such goods or to intellectual property rights therein, except as expressly provided in these Terms and Conditions.
11.2 You shall not, nor shall You permit any third party to: (i) use, copy, modify, translate or adapt the Goods (ii) lease, share, disclose or transfer the Virtual 3D Web Passport, Virtual Premier Apartment or Commemorative Coin or provide it on a subscription basis, or use it in connection with other configuration whereby any third party may use the Goods (iii) create any derivative works of or based on the Goods (iv) remove, relocate, alter or obscure any trademark, copyright or other proprietary or restrictive marking or legend on the Goods or any copies thereof; or (v) use, provide or disclose the Software in violation of any applicable laws, orders or regulations. Notwithstanding the foregoing, the goods are permitted solely to the extent the laws of Your jurisdiction allow.
- Events Outside of Our Control (Force Majeure)
12.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
12.2 If any event described under Clause 12 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
12.1.1 We will inform You as soon as is reasonably possible;
12.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
12.2.3 We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
12.2.4 If the event outside of Our control continues for more than 7 days We will cancel the Contract and inform You of the cancellation. Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible;
12.2.5 If an event outside of Our control occurs and You wish to cancel the Contract, You may do so. Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible.
- How We Use Your Personal Information (Data Protection)
13.1 All personal information that We may collect (including, but not limited to, Your name, address and telephone number) will be collected, used and held in accordance with the Isle of Man Data Protection Act 2002.
13.2 We may use Your personal information to:
13.2.1 Provide Our Goods and services to You;
13.2.2 Process Your Order (including payment) for the Goods; and
13.2.3 Inform You of new products and/or services available from Us (if You opt or have previously opted to receive it). You may request that We stop sending You this information at any time.
13.3 In certain circumstances (if, for example, You wish to purchase Goods on credit), and with Your consent, We may pass Your personal information on to credit reference agencies. We will not pass on Your personal information to any third parties other than those involved in supplying our services to you.
- TERMS OF FREE GIFTED ‘C’ SHARES
14.1 Subject to the terms and conditions set forth herein, We will ask You if You become a Citizen to consider an invitation to accept a gift of free Shares in Us. We are prepared to gift each Citizen 100 (ONE HUNDRED) non-voting, non-participation C citizenship shares (the “Shares”) with a par value of 0.001 pence per share (GBP).
14.2 Validity and redemption of Shares
Upon registration and purchase of the Commemorative Coin, Virtual Premier Apartment and Creative 3D Web Passport, the Citizen shall receive notification for authentication of passport from Us. Once authenticated the Citizen has 14 days to claim free Shares by providing Know Your Customer information to Our nominated registrar.
IMPORTANT: To qualify for the free gift of the Shares, the Citizen MUST validate their passport and redeem the Shares by providing the required Know Your Customer (‘KYC’) information within 14 DAYS ‘the acceptance period’ from the date of the authentication request from the share registrar. In the event of the Shares not being authenticated by the Citizen within 14 DAYS from the date of notification from the share registrar, the acceptance period will expire and the Shares can no longer be claimed by the Citizen outside the acceptance period and the Citizen will invalidate the free share gift and shall not receive the Shares.
14.3 In the event that the Citizen chooses to not accept the free Shares, this in no way adversely effects the purchase of the Commemorative Coin, Virtual Premier Apartment and Passport and any rights the Citizen may have with regards to the said purchase, such purchase is deemed to be separate to the free Shares.
14.4 The Citizen is under no obligation to activate and redeem the free Shares.
- Issuance of Free Shares
15.1 Once the KYC information has been provided and subject to acceptance by the registrar, the Shares shall be issued on the date of the agreement (an “Issuance Date”).
15.2 Every Citizen is entitled to a certificate signed by a director of the Company or under the Seal specifying the number of the Shares held by the Citizen and the signature of the director and the Seal may be facsimiles.
15.3 Any Citizen receiving a certificate shall indemnify and hold Us and Our directors and officers harmless from any loss or liability which it or they may incur by reason of any wrongful or fraudulent use or representation made by any person by virtue of the possession thereof. If a certificate for Shares is worn out or lost it may be renewed on production of the worn-out certificate or on satisfactory proof of its loss together with such indemnity as may be required by a resolution of directors.
15.4 We shall keep a register (the “share register”) containing the relevant KYC
(a) the names, addresses and personal details (KYC information) of the persons who hold Shares;
(b) the number of each class and series of Shares held by each Citizen;
(c) the date on which the name of each Citizen was entered in the share register.
15.5 The share register may be in any such form as the directors may approve, but if it is in magnetic, electronic or other data storage form, We must be able to produce legible evidence of its contents. Until the directors otherwise determine, the magnetic, electronic or other data storage form shall be the original share register.
15.6 The Shares are deemed to be issued when the name of the Citizen is entered in the share registry.
15.7 The free gift of Shares is not a public offering and is strictly issued via email invitation only. No consideration is given or accepted by Us for these Shares.
- Dividend, Voting and Other Rights.
16.1 The Citizen shall not have any rights as a shareholder of Us with respect to the Shares, including no right to vote or attend any annual general meetings (AGM) of Us.
- Restrictions on Transfer.
17.1 No Shares acquired within these Terms and Conditions may be exchanged, transferred (including, without limitation, any transfer to a nominee or agent of the Citizen), assigned, pledged, hypothecated or otherwise disposed of, including by operation of law, in any manner which violates any of the provisions of these Terms and Conditions, except pursuant to an ownership change event, and any such attempted disposition shall be void. We shall not be required
(a) to transfer on Our books any Shares which will have been transferred in violation of any of the provisions set forth in these Terms and Conditions; or
(b) to treat as owner of such Shares or to accord the right to vote as such owner or to pay dividends to any transferee to whom such Shares will have been so transferred.
- Non-Payment of dividends.
18.1 There are no dividends payable on this class of Shares.
- Legend on Shares.
19.1 Each certificate evidencing Shares shall be stamped or otherwise imprinted with legends in substantially the following form:
THE SHARES HAVE BEEN ACQUIRED BY THE REGISTERED CITIZEN AND HAVE BEEN REGISTERED WITH THE COMPANY. THESE SHARES MAY NOT BE PLEDGED, HYPOTHECATED, SOLD OR TRANSFERRED.
- Payment of taxes.
20.1 If any Federal, state or local taxes of any kind are required by law to be withheld with respect to the Shares or their issuance (or any distributions of other securities or property (including cash) thereon or issued in replacement thereof), such responsibility shall be the Citizen’s.
- No Right to Retention.
- 1 These Terms and Conditions shall not entitle the Citizen to any right or claim to be employed or retained by Us or any subsidiary thereof.
- Resolution of Disputes.
22.1 To ensure the rapid and economical resolution of disputes that may arise in connection with this Terms and Conditions, We and the Citizen each agree that any and all disputes, claims, or causes of action arising from or relating to the enforcement, breach, performance, or interpretation of this Terms and Conditions will be resolved pursuant to the Arbitration (International Investment Disputes) Act 1983 and to the fullest extent permitted by Isle of Man law.
- Successors and Assigns.
23.1 Except as otherwise expressly provided herein, these Terms and Conditions shall bind and inure to the benefit of Us, the Citizen, the respective successors or heirs and personal representatives and permitted assigns of Us and the Citizen.
- Entire Agreement.
24.1 These Terms and Conditions contain the entire agreement among the parties with respect to the subject matter hereof and supersedes other prior and contemporaneous arrangements or understandings with respect thereto. These Terms and Conditions cannot be changed or terminated orally.
25.1 All notices, consents and other communications under these Terms and Conditions shall be in writing and shall be deemed to have been duly given (a) when delivered by hand, (b) one business day after the business day of transmission if sent by email, provided that a copy is mailed by registered mail, return receipt requested, or (c) one business day after the business day of deposit with the carrier, if sent by Express Mail, Federal Express or other express delivery service (receipt requested), in each case to the appropriate addresses, telex numbers and email numbers (or to such other addresses or emails a party may designate as to itself by notice to the other parties).
26.1 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or enforceability. Such prohibition or enforceability in any one jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
- Governing Law; Jurisdiction.
27.1 These Terms and Conditions shall be governed by, and construed in accordance with, the non-exclusive jurisdiction and laws of the Isle of Man applicable to contracts made and to be performed wholly therein.
28.1 We have the right to revise and amend these Terms and Conditions from time to time by posting revised Terms and Conditions on our website.