Terms and Conditions
Welcome to WhizTee.com, an online platform that lets independent creators upload their original art (“designs”) to be printed and be sold to customers. Please read our Terms and Conditions below carefully before using our website, services, and products. Using this website means that you accept these Terms and Conditions on full.
All visitors (“user”, “you”, “your”) of WhizTee’s website at www.whiztee.com (the “site”, “website”) are entering a binding legal agreement on the following Terms and Conditions when using or visiting the website. This agreement is between you and WhizTee Enterprise (“WhizTee”, “we”, “us”, “our”) and the use of this website indicates continued acceptance of this agreement.
If you do not agree to these terms, please do not use our services or access the site. If you are under the age of 18 or the legal age for forming legally binding contracts under the applicable laws in your country (the “legal age”), you must get permission from a parent or legal guardian to use the site or open an account and that parent or legal guardian must agree to the terms of this agreement. If you do not know whether you have reached the legal age, or do not understand this section, please do not continue using the site or create an account until you have asked your parent or legal guardian for help. If you are the parent or legal guardian of a minor who is using the site or creating an account, you must accept the terms of this agreement on the minor's behalf and you will be responsible for all use of the site or the account or company services using such account, whether such account is currently open or created later.
Amendment to this agreement
Our Terms and Conditions may be amended from time to time, we will post a notice on the website any time these Terms and Conditions have been changed or updated. It is your responsibility to review these Terms and Conditions periodically, and if at any time you find these Terms and Conditions unacceptable, you must immediately leave the website and stop all use of the website or service.
Our services include but not limited to, providing a platform for you to publish, sell, or purchase designs. WhizTee will also facilitate product fulfillment, which includes payment processing, customer services, third-party product manufacturing, and delivery of the physical product to your customer.
To start accessing some features of WhizTee, including but not limited to uploading and selling your designs, you have to create an account. WhizTee may refuse any user name that is inappropriate or attempts to impersonate another person. WhizTee may refuse any person from becoming a member or suspending your account if you are deemed violating these Terms and Conditions by WhizTee.
You are solely responsible for the actions made on your account using your password, including the actions made by others, you are responsible for keeping your account password secured. If you suspect someone else knows your password or unauthorized actions are made on your account, you must change it immediately.
Uploading your design on WhizTee
You keep the copyright to the designs you upload to WhizTee. For WhizTee to provide you the service we offered, you granted WhizTee a non-exclusive, royalty-free, to use, reproduce, distribute and archive the design as reasonably contemplated by this agreement.
When you upload a design to the website you represent that:
You are the owner of the design
You have the right and license to use the design
The design is in the public domain
To your knowledge, no one else claims ownership of, or exclusive rights to, the design
You have the legal right to grant a license to WhizTee to use the design.
WhizTee reserves the right to review and if in its sole discretion deemed necessary, remove any designs from the website or stop you from publishing any designs on the website or terminating your account, because that design breaches your agreement with us or any applicable laws, or otherwise.
License and use of design
By uploading your design to the website, you grant WhizTee the license above in “Uploading your design on WhizTee”, and agree that WhizTee may display your design to be viewed by all users, sell your design on a physical product, and in the case of you or a customer place an order of the physical product with your design, WhizTee will forward your instructions to a third party who will manufacture and deliver the physical product with your design in the form specified by you or the customer.
Removal of designs and termination of your account
You may remove your design from your account or close your account at any time, but it may take a few days for removal or closure to be processed and take effect. To the extent any of the design has been incorporated into a physical product by WhizTee prior to the removal of your design or closing of your account, WhizTee may sell all such physical products until it is completely sold out, the terms regarding “Designer payment after the product is sold” apply to such sales.
Designer payment after the product is sold
By uploading your design to the website, you authorize WhizTee to collect and hold the retail price (“Retail Price”) of all products displaying your design that are purchased via the website. The Retail Price charged to customers who purchase products featuring design includes the manufacturing fee, the website fee for hosting the market place and facilitating the transaction (the manufacturing fee and website fee are referred as the “Base Fee”), your compensation (“Designer Payment”), and any relevant tax.
You authorize WhizTee to deduct Base Fee, and tax if relevant from the Retail Price of the products featuring your design before distributing the remainder or the Designer Payment to you.
Timing and method of payment to designers
Payments will be made with Malaysian Ringgit on a monthly basis via Online Transfer or Bank Transfer. You are required to provide WhizTee with your bank account information. It is your responsibility to ensure WhizTee has current details of your bank account details. WhizTee will not be responsible for any loss suffered by you if you provide us with incorrect details in relation to your bank account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your Designer Payment for up to 12 months from the payment date. If you have not notified WhizTee of any amendment to the payment method details in that time your Designer Payment proceeds will be forfeited to WhizTee. You are solely responsible for the payment of any tax that arises as a result of receiving payment from WhizTee.
WhizTee will not pay you for sales of any product with your design that violates the Terms and Condition. For example, if WhizTee discovered that your design uses copyrighted or trademarked content that you do not have the right to use on your design, WhizTee reserve the right to reverse all payments for the product with such design, whether due or already paid.
Purchasing a Product on WhizTee
Users can purchase products on the website using the Stripe system or manual banking. You do not have to be a member to purchase a product. The price you pay is fixed at the time of ordering, prices may change at our discretion. We may offer promotional discounts from time-to-time. You may not cancel an order once it has been submitted.
You may not cancel an order once it has been submitted. If you purchase a product, it is your responsibility to ensure the product delivery address is correct, WhizTee takes no responsibility for any product a customer does not receive because of error in the delivery address. WhizTee will charge delivery charges to the customer which will vary depending on the size of the product.
Intellectual Property Rights and license
By uploading your design to the website, you grant WhizTee the license above in “Uploading your design on WhizTee”, including display the content of your designs in connection with WhizTee services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the website in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your content through the site and to use or display such content as permitted through the functionality of the website and under this User Agreement.
All intellectual property rights in this website are owned by or licensed to WhizTee. No portion of the Website may be copied, reproduced, displayed, transmitted, or otherwise used for any purpose without the prior written permission of WhizTee.
This website may contain links to other websites. These links are provided for convenience only, and these linked websites are not under the control of WhizTee, you therefore access them at your own risk. WhizTee is not responsible for the contents of any such linked website, including any changes or updates to the linked websites. The inclusion of any linked website does not imply or express affiliation, endorsement or sponsorship by WhizTee of the linked website or any of its content.
We accept no liability for any failure to comply with this Agreement where such failure is due to circumstances beyond our reasonable control. If we waive any rights available to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
May 10th, 2020