Terms of Service

CONTENT JUNGLE TERMS & CONDITIONS

  1. INTRODUCTION

    1. These are the terms and conditions (T&Cs) upon which you use or access our Services. We operate the App as an intermediary platform which enables you to buy creative services from, and advertise and sell creative services to, other individuals and businesses. 

    2. These T&Cs refer to our Privacy Policy, Cookie Policy, which also apply to your use of our Services. 

    3. When accessing our Services via the App, additional terms and conditions may apply to your use of our Services (for example Apple or Android application terms and conditions), although in the event of conflict, our T&Cs take precedence.

    4. By accessing our Services, you confirm that you accept these T&Cs and that you agree to comply with them. We may amend our T&Cs from time to time, so every time you wish to use our Services, please check the current T&Cs to ensure you understand the T&Cs that apply at that time. If you do not agree to these T&Cs or any future variation of these T&Cs, you should immediately stop using the Services. These T&Cs were most recently updated on 28.02.2025.

  1. CONTACT DETAILS 

    1. Our Services are owned and operated by Content Jungle Limited (trading as “Content Jungle”), incorporated and registered in England and Wales with company number 13527337 whose registered office is Spitalfields House, Stirling Way, Borehamwood,  Hertfordshire,  WD6 2FX. To contact us, please email support@contentjungle.app.

    2. If we need to contact you, we will do so by telephone or by writing to you at the email address you provided to us when you registered with us. When we use the words "writing" or "written" in these T&Cs, this includes emails.

    3. The App is only for use within the United Kingdom. We do not represent that the App is appropriate for use or available in other locations. We will not be liable for any Costs suffered or incurred by any Members as a result of their use of the App outside the United Kingdom.

  1. DEFINITIONS

    1. The following definitions apply throughout these T&Cs:

  1. App means the mobile application and any platform, portal or interface provided by Content Jungle which allows Creatives (Sellers) to offer services and to add Member Content relating to the Member’s business (including a description of the services offered,), Clients (Buyers) to find and buy services, Members to communicate in private with other Members and to leave feedback about the services provided or received by other Members and to see and use all other functionalities available via the App.

  2. Business Hours means 9:00 - 17.30 Monday to Friday in the UK, on days that are not public holidays in England.

  3. Buyer(s): means a registered Member who buys services available through the App .

  4. Commission means a % of the Price the Creative offers to the client.

  5. Content means any materials and/or information which we make available to you in connection with the App and/or the Services.

  6. Content Jungle has the meaning given to it in paragraph 2.1.

  7. Costs means losses, damages, costs (including reasonable legal costs) and expenses (including taxation) in each case of any nature whatsoever.

  8. Derived Data means any data which has been combined or aggregated (wholly or in part) with other data or information or adapted such that it cannot be identified as originating or deriving directly from the data and cannot be reverse-engineered such that it can be so identified.

  9. Escrow means the escrow account managed by Stripe, where the Price is retained from the payment until the Order is completed, as defined in paragraph 9.1(b). 

  10. Stripe – means the financial service provided by Stripe which allows Members to create accounts where Clients can make payments and Creatives can receive payments. By signing up to Content Jungle you are agreeing to Stripes Terms of Service. https://stripe.com/gb/legal/ssa

  11. Fee Avoidance means any act or omission aimed at avoiding the payment of Commission, the Price or any fees to Content Jungle. This includes, but is not limited to, any steps taken by Members to direct Buyers to alternative sites or directly communicating with a Buyer or potential buyer for the purpose of completing a transaction outside of the App.

  12. Feedback has the meaning given to it in paragraph 13.7.

  13. Integrated Payment System means the online payment system allowing Members to pay for services on the App, where the payment service is provided by the Integrated Payment System Provider.

  14. Integrated Payment System Provider means any authorised payment system provider, including the Stripe Provider which has contracted with Content Jungle to provide payment services on the App.

  15. Intellectual Property Rights means any patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, ang rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

  16. Job(s) and Projects has the meaning given to it in paragraph 7.2.

  17. Member(s) means any individual who registers to use the Content Jungle App as a Creative (Seller) or (client) Buyer. Members log in to access the App, register a profile, upload information as a Seller about services they wish to offer to Buyers, search for services as a Buyer and upload reviews about the services received from a Seller or provided to a Buyer (as applicable).

  18. Member Content means any materials or content uploaded to our App by a Member or provided by a Member to use in connection with its services (including, but not limited to, images, photos, text, data, audio material, video material, audio-visual material, data and any other information (including trade marks and branding)) and any feedback posted on the App. By uploading content, Members must have permission to use this content. Content Jungle can use this content for their own uses without approval for but not limited to marketing and promotional reasons.

  19. Order means the formal agreement between a Buyer and Seller after a purchase of services was made on the App.

  20. Price means the price at which the Seller is listing a service for purchase on the App (including VAT as applicable).

  21. Services means the intermediary platform services provided to Members on the App.

  22. Seller(s) means an organisations or individuals operating a business (not in their capacity as consumers) who offer their services on the App.

  23. Usage Data means any usage and statistical data relating to a Member’s use of the Services.

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  1. UK data protection law means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder); the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to either you or us relating to the use of personal data (including, without limitation, the privacy of electronic communications); and the guidance and codes of practice issued by the Information Commissioner or other relevant regulatory authority and applicable to either you or us Data Subject, Data Controller, Personal data, Personal Data Breach, Process, Processing and Processed shall have the meanings given to them in UK data protection law.

  1. USE OF THE APP

    1. To be able to buy or sell services on the App and use the Services, you must register as a Member. To register as a Member, you must:

  1. be over 18 years of age;

  2. complete your Member profile and any verification processes that we require;

  3. if you are registering an account on behalf of a company or other entity, warrant that you have all necessary permissions and authority to bind that company or entity and that you are entitled to give us the licenses and permission required under the T&Cs; and

  4. ensure that you have all relevant rights, licenses and/or approvals in relation to any Items, material or content you post or make available for purchase on the Content Jungle App.

  5. You agree that the information you provide to us upon registration as a Member, and at all other times, will be true, accurate, current and complete. Please update your account or contact us if any of your information needs to be updated. Sellers will receive an approval message via the App when the Seller has successfully registered and passed Content Jungle’s approval process. 

  6. Members shall ensure that their log-in details and password for the App are kept confidential. Members shall be solely responsible for all activity carried out on or through their own Member’s account. Members shall tell us immediately if there is reason to believe that log-in details or passwords are being or may be used in an unauthorised way or that the security of our App has been compromised in any other way. Members may be liable for the Costs incurred by us or others due to any unauthorised use of the Member’s account.  We will not, under any circumstances, be liable for any loss or damage arising from a Member’s failure to keep their Member account secure.

    1. 6.2. Content of the Services

  1. We make the Services available on an 'as is' basis and, to the fullest extent permitted under applicable law, we disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement. 

  2. We do not guarantee that our App and/or Services will be secure or free from bugs or viruses, so you should use your own suitable virus protection software. 

  3. Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

  4. The App may include Member Content. You accept that this content may not have been verified or approved by us, that we make no representations, warranties or guarantees (whether express or implied) that such content is accurate, complete or up to date, and that the views expressed by other users of our App do not represent our views or values.

  5. From time to time, we may update or amend our Services, for example to reflect changes in our customer base and industry trends. This includes adding, removing and amending tools and features in our sole discretion. This means the tools and features available on the App may vary slightly from those marketed via our App landing pages. Any new features that augment or enhance the current Services, including the release of new tools and resources shall be subject to these T&Cs and the continued use of the Services after any such changes shall constitute your consent to such changes.

    1. 5.3. Accessing the Services

  1. You are responsible for configuring your information technology, computer programmes and platform to access our App and the Services. 

  2. We do not guarantee that our Services, or any content contained on the App, will always be available or be uninterrupted. You accept that we may suspend, withdraw or restrict the availability of all or any part of our Services for business and operational reasons, as may the third party software providers on which we rely from time to time to keep our Services operational.

  3. We have the right to disable any Member’s login details, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these T&Cs.

  4. You can delete your Member account at any time, for any reason, by contacting support@contentjungle.app with your username, full name, full business address and your instruction to delete your account.

    1. Except as permitted by any applicable law which cannot be excluded, you must not:

  1. Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our Content and/or Services in any form or media or by any means;

  2. Attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our App and/or Services;

  3. not attempt to gain unauthorised access to the App or any computer systems or networks connected to Content Jungle through hacking, phishing, password mining or any other means to interfere or attempt to interfere with the App;

  4. Access all or any part of our App and/or Services to build a service which competes with them or the business of Content Jungle;

  5. Use our App and/or Services to provide services to third parties or allow or assist third parties to access our systems;

  6. Create multiple accounts to evade punishment or avoid restrictions;

  7. not distribute any material on the App that is unlawful harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or

  8. Misuse our App and/or Services by knowingly introducing or permitting the introduction of viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Members must not attempt to gain unauthorised access to our  App and/or Services or any server, computer or database connected to our  App and/or Services. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.

    1. You agree that we shall have the following rights:

  1. the right to terminate your access to the Services (including any account you may have registered with us) without notice at any time following your unauthorised use of the Services, or your breach of these T&Cs; 

  2. the right to amend Commission, and available payment methods from time to time, without notice and in our sole discretion; and

  3. the right to report you to the police or other judicial body if we believe in our sole and absolute discretion that your conduct is or may be unlawful.

    1. You warrant that you will not use any of the Content to provide or perform a service which creates a functional substitute to or is in anyway similar to the Content Jungle Services.

  1. SELLING ON THE CONTENT JUNGLE APP

    1. Content Jungle acts as an intermediary between a Seller and a Buyer, once a transaction has been entered into between that Seller and Buyer. Content Jungle is not part of the transaction and is not responsible for the acts or omissions of either the Seller or the Buyer. 

    2. The App connects Sellers and Buyers. To facilitate the buying and selling of services, Content Jungle will:

  1. enable the Seller to upload details about their business (including business address, VAT number (if applicable), their services and their terms and conditions of sale) to the App via their own Seller profile page;

  2. allow Seller to use the App to list their services and sell them to Buyers;

  3. allow Buyers to use the App to buy services from Sellers and advertise Jobs;

  4. allow Buyers and Sellers to communicate using a direct messaging function; and

  5. allow Buyers and Sellers to leave feedback about the services it provided and/or received (as applicable).

    1. The Seller appoints Content Jungle as agent to carry out the following tasks: 

  1. publish details of the services the Seller wishes to sell through the App. The Seller will be responsible for all of the Member Content listed in connection with the services;

  2. accept Orders from the Buyer in the name of, and on behalf of, the Seller;

  3. receive the money from the Buyer for the services through Stripe;

  4. after deducting the Commission and any other amounts payable to Content Jungle, transfer the money from the Buyer to the Seller through Stripe to the account the Creative (Seller) set up in their account on the app

    1. The Seller acknowledges and agrees that:

  1. by selling services on the App, it is entering into a separate contract with the Buyer, which forms a binding agreement between the Seller and Buyer;

  2. it will abide by all applicable law and the T&Cs;

  3. provide all necessary co-operation with Content Jungle and all necessary information as may be required by Content Jungle to provide the Services; and

  4. as between us, be responsible for all Buyer and third party requests concerning your use of the Services;

  5. the services provided by the Seller corresponds with all the information the Seller has provided in the listing;

  6. it owns the copyright in any photographs and videos that it uploads to the App, and has obtained the consent of any persons featured in those photographs or videos to that uploading; 

  7. it is solely responsible for any obligations the Seller may have to collect any applicable taxes and make any required reporting to tax authorities including but not limited determining the applicability of VAT; Content Jungle cannot change or amend invoices generated by the app.

  8. it will not send unsolicited publicity or commercial content via the App;

  9. it will not exercise psychological pressure on another Member or send them offending content; 

  10. it will not attempt to approach Buyers outside of the App for the purpose of Fee Avoidance; 

  11. Content Jungle will not be liable to the Seller for any Costs that are suffered or incurred by the Seller due to the acts or omissions of the Buyer; and

  12. the Seller will indemnify and hold harmless the Buyer and to Content Jungle for any Costs that are suffered or incurred by the Buyer or Content Jungle as a result of the Seller’s breach of paragraph 5.4(b), (c) or (j) above. 

    1. 12.5.The Seller will create a Stripe account using their email address and will enter into Stripe the bank and or card details they wish to receive payments in to. This will enable Content Jungle to make any payments due to the Seller. These details must correspond with the Seller details (e.g. names and addresses must match). The Seller may be asked to provide proof that it is the sole account holder.  Any payments received from Stripe (or another third party payment provider as Content Jungle may elect from time to time) may incur a fee and it is the Seller’s responsibility to establish what those fees are.  Content Jungle will deduct the Commission from any payments due to the Seller and any other amounts owed to Content Jungle may be set off against any amounts payable to the Seller.

    2. 12.6. Sellers are responsible for obtaining appropriate insurance policies with coverage amounts that are sufficient to cover all risks associated with the performance of their services. 

  1. LISTING SERVICES ON THE APP

    1. In selling services to Members, the Seller acknowledges and agrees that it will:

  1. Only create listings for services which are not prohibited such as not but limited to violent, indecent, content containing people under the age of 16 years old, content the Member does not have permission to and any other content Content Jungle deems inappropriate.  

  2. Only list services which comply with all applicable legislation and regulations and do not infringe third party trade marks or other Intellectual Property Rights; AND 

  3. Include in your listings for services, or where appropriate your Seller profile, all the information about the Seller and the Seller’s services, the price for the services, the Seller terms of business and how the Seller will fulfil Orders that is needed to comply with applicable consumer protection law. Our Seller profile interface will prompt the Seller to provide this information, but the Seller is responsible for making sure they comply with the law.  

    1. Seller agrees that the Seller profile and the listings for Seller’s services shall not:

  1. be defamatory of any person; be obscene, offensive, hateful or inflammatory; be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety; promote violence or any illegal content or activity; or bully, insult, intimidate, humiliate, harass, upset, embarrass, alarm or annoy any other person;

  2. Include pornographic, indecent, obscene, or child sexual abuse material;

  3. promote discrimination of any kind, including discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

  4. infringe any Intellectual Property Rights;

  5. be likely to deceive any person, or give the impression that your Member Content emanates from us if this is not the case;

  6. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

  7. impersonate any person or organisation or misrepresent your identity or affiliation with any person or organisation;

  8. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse, or contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, made are likely to und stand such statement as constituting a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism; or

  9. contain any advertising or promote any services, websites or resources provided by you or third parties.

    1. How Sellers price their services is entirely up to the Seller. Prices must be inclusive of supply VAT and any other charges (e.g. travel expenses). 

    2. Sellers may cancel any Order from the Buyer and an automatic notification will be sent to the Buyer and the Price would be returned to the Buyer via Stripe.

    3. Content Jungle may remove, without notice or request, any listing by a Seller where it suspects that the listing or the services being offered do not comply with the T&Cs in any way. 

    4. Content Jungle listings are ranked randomly in response to search queries made on the App. 

  1. BUYING SERVICES FROM CONTENT JUNGLE APP

    1. In buying services from a Seller, the Buyer acknowledges and agrees that:

  1. it is entering into a separate contract with the Seller, which forms a binding agreement between Seller and Buyer;

  2. it will abide by all applicable law and the T&Cs;

  3. provide all necessary co-operation with Content Jungle and all necessary information as may be required by Content Jungle to provide the Services; and

  4. as between us, be responsible for Seller and third party requests concerning your use of the Services;

  5. it will not attempt to buy from Sellers outside of the Content Jungle App for the purpose of Fee Avoidance;

  6. Content Jungle will not be liable to the Buyer for any Costs that are suffered or incurred by the Buyer due to the acts or omissions of the Seller; and

  7. the Buyer will indemnify and hold harmless the Seller and Content Jungle for any Costs that are suffered or incurred by Content Jungle as a result of the Buyer’s breach of paragraph 7.4(b),(c) or (d) above.

    1. Buyers can post listings on the App for services (Jobs) it requires, and, in addition, Buyers can invite Sellers to apply for the Job. Once the Seller accepts the Job, the Job is closed.

    2. Unless otherwise agreed with the Seller (Creative), the copyright and ownership of the content belongs to the Seller. Content however can be used for whatever business purposes they require by Content Jungle without permission or additional fee.

    3. 7.4.Changing Scope and Cancelling Jobs

  1. How Buyers price their Jobs is entirely up to the Buyer. Prices must be inclusive of supply VAT and any other charges. 

  2. Jobs can be edited by the Buyer but, once a Job has been posted and a Seller applicant has applied, a Job cannot be edited. However, if an update to the Job description is required, then the Buyer may add additional notes to the Job and all Seller applicants who have applied for the Job will be automatically notified.  

  3. The Buyer can cancel a job after it has been posted. However, if the Job has been accepted by a Seller, a cancellation request will be sent to the Seller. If the Seller agrees to the cancellation, then the Job is cancelled. If the Seller does not accept the cancellation request, the Buyer must pay any fees due. If a Buyer cancels a Job after the Job has commenced, the Buyer is liable for the Price, either in full or up to the latest stage payment if stage payments have been agreed between the Buyer and the Seller. Any 

    1. Content Jungle may remove, without notice or request, any listing by a Seller where it suspects that the listing or the services being offered do not comply with the T&Cs in any way. 

    2. When a Buyer accepts a Seller’s services from the App, Content Jungle, acting as the Seller’s agent in the Seller’s name and on your behalf, will:

  1. Send the Buyer an Order acknowledgement message in Content Jungle’s standard format.

  2. Promptly inform the Seller of the Order via the Seller profile interface.

  3. send the Buyer an Order acceptance message and so form a direct contract for the Seller to supply its service to the Buyer on the Seller’s standard customer terms. The contract is between the Seller and the Buyer.

  4. Take payment for Orders for the Seller’s services when Content Jungle confirms acceptance of an Order in the Seller’s name and on the Seller’s behalf. Payments for Orders may consist of multiple payments in accordance with the Seller’s payment terms listed on a listing. The Member profile interface will tell the Seller whether or not payment has been received for any Order.

    1. Content Jungle’s Order acceptance message will serve as the Buyer’s supply VAT receipt issued in the Seller’s name and on the Seller’s behalf. Content Jungle’s message will include all the information about the ordered service(s) included in the listing as well as separately showing the UK supply VAT collected as part of the Order. The Seller is responsible for ensuring that this information meets legal information requirements and for compliance with all applicable legal, tax and regulatory requirements in connection with any customer VAT receipt issued in your name. 

  1. DEALING WITH ORDERS, COMPLAINTS AND DISPUTES

    1. The Seller must deal promptly and professionally with any Buyer questions about Orders. The Seller must liaise with Content Jungle if the question relates to any part of the process we are involved in. The Seller and Content Jungle will co-operate with each other in trying to resolve any such questions. 

    2. We will tell the Seller if a Buyer contacts us to cancel an Order. When we do so, or when a Buyer contacts the Seller directly to cancel an Order, the Seller must comply with the refunds policy the Seller made in the relevant listing. 

    3. If the Seller instructs us to refund a Buyer on the Seller’s behalf, we will do so provided we can deduct such sums from money due from us to the Seller. We are not obliged to refund more than the sums collected from the Buyer. If we cannot deduct such sums from money due from us to the Seller, we may either require Seller to refund Buyers directly or choose to refund customers ourselves and the Seller must pay us the sums we refund in this way. We reserve the right to charge you a fee (as set out in our Commission and Fees policy https://www.contentjungle.app/service-fees-updates]) plus VAT in respect of such any refunds we process for you. 

    4. We will tell the Member if a Buyer or Seller (as applicable) complains to us about the other Member or one of its services, including any complaints that services have not been delivered or that cancelled Orders have not been refunded and provide the other Member with all relevant details about the complaint. 

    5. The Seller must deal with complaints we tell the Seller about, and any complaints the Seller receives directly from customers, in a way that complies with consumer law and honour any additional commitments or guarantees in the Seller’s listing. 

    6. Content Jungle encourages Members to try to resolve any complaints or disagreements between themselves. Any unresolved dispute or claim between Members relating to the services provided by a Member pursuant to these T&Cs shall be finally determined by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this paragraph. The Members shall be responsible for the fees incurred in relation to this arbitration process. Members agree that they shall have no cause of action against Content Jungle (whether in contract, tort or otherwise) in respect of the arbitration decision or in relation to its disputes with other Member(s). Further, Members agree that they have no right to seek to hold Content Jungle liable for a Member’s alleged actions.

  2. PAYING FOR SERVICES AND USE OF Stripe

    1. 9.1.Payments through the Integrated Payment System

  1. Content Jungle contracts with the Integrated Payment System Provider to process payments made using the Integrated Payment System and to store information relating to the credit cards, debit cards, and any other payment method offered on the App. Payment of the Price can be made by credit or debit card or any other payment method that may be introduced from time to time on the App. If a credit or debit card, or other payment method that is suspected to belong to a third person is provided by a Member on the App, the Member may be required to provide additional proof that a credit or debit card or other payment method does belong to a Member. If by use of the automated software and/or algorithms, Content Jungle suspects an unauthorised use of credit or debit card data or payment information when a payment is made, this payment may be cancelled or the Buyer may be asked for additional verification. If the Buyer has funds available on the Stripe (Content Jungle Balance), such funds will be automatically used to make purchases on the App from other Members. If the Buyer does not have enough funds in his/her Stripe to cover the total amount due, Buyer can cover the missing portion by paying through other available payment methods. 

  2. The Price is held on an Escrow account handled by Stripe. Once an Order is initiated, the Integrated Payment System Provider acquires funds from the Buyer on behalf of the Seller and Stripe holds those funds in Escrow for disbursement. Content Jungle supports its Members in using the services provided by Stripe as well as Integrated Payment System Provider and provides direct assistance to Members for such services; however, for the avoidance of doubt, Content Jungle does not provide any payment processing services for Members. Members must provide accurate information associated with credit cards, debit cards, and any other payment method offered on the Site. 

    1. Completion of an Order. The Price paid by the Buyer will be retained by Stripe in Escrow until the Order is marked “Completed” by the Seller on the App. Once the Order is completed, the Price will be transferred by the Stripe to the Seller’s Stripe account. 

    2. Restrictions of the Integrated Payment System.

  1. The right to use the Integrated Payment System is only for sales in a Member’s own name. A Member may not resell, hire, or on any other basis allow third parties to use the Integrated Payment System to enable such third parties to be paid for their services. 

  2. The Integrated Payment System is only for Orders regarding the services on the Site and not for any other products or services. 

  3. All prices are expressed in the Member’s local currency, including any applicable VAT.

    1. When a Member creates a Stripe account, the Member enters into a contract directly with Stripe, and the Member will be accepting the Stripe’s terms and conditions. Members will be asked to confirm this during Stripe  account creation. As part of the registration procedure for use of the App, the Seller will be asked to create a Stripe account by providing the Seller’s name, surname, date of birth, address, nationality and phone number (if required). 

    2. Once the Stripe account is created, Members will be subject to regulatory procedures applied by Stripe, such as identity check and other requirements of the “Know Your Customer” (KYC) procedure when respective financial thresholds are met. Those financial thresholds are set by Stripe. In addition, the Stripe Provider may also carry out KYC checks on the Member without reaching set thresholds if it suspects that this Member is engaging in possibly fraudulent or suspicious behaviour. For the identity check purposes, Member may be asked to provide additional information (such as a copy of its passport, identity card, or driver's licence and/or in some instances you may be required to provide proof of residency and/or bank statement) as requested by the Stripe Provider (more info here). If a Member fails to provide the documents required by the Stripe Provider, the Member’s Stripe may be suspended and the Member will not be able to pay out the funds until Member’s identity is confirmed. The Stripe Provider might also suspend Member’s ability to make transactions from its Stripe. If on the other hand a Member has committed an illegal act, e.g. uploaded a fraudulent document or took any other unlawful actions prohibited by the Stripe Provider or the Integrated Payment System Provider, and the Stripe Provider deemed such Member as fraudulent, he / she will no longer be able to overcome KYC check again and Members will not be able to pay out or reach the funds.

    3. [Members can transfer funds from their Stripe to their bank account. This transfer will be performed by the Stripe Provider. To enable this option, the Member must first go to Member account settings and add the Member’s bank account number, full name and billing address. Members can make a pay-out to a British pound sterling bank account opened in a bank in the United Kingdom. Paying-out to bank accounts in other currencies and/or outside of the United Kingdom is not available. If a Member reaches the KYC thresholds referred to in paragraph 9.5 above or if the Stripe Provider suspects that the Member is engaging in possibly suspicious or fraudulent activity, the Member will not be able to transfer funds until they complete the relevant KYC checks.]

  1. CONTENT, POSTING AND CONDUCT

    1. 10.1.Content you upload. You acknowledge and agree that any content you submit for inclusion on the App will be accessible by other Members. Subject to the terms of the Privacy Policy, there is no confidentiality or privacy with respect to this content, including, without limitation, any personally identifying information that you may make available. In respect of any content that you upload:

  1. you acknowledge and accept that you are entirely responsible for any content that you upload onto the App;

  2. you warrant that you have all necessary rights in the content that you upload on the App, and that any publication of that content will not infringe the rights of any third parties (including Intellectual Property Rights), and you acknowledge that we may disclose your identity to any third parties who claim that any content uploaded by you infringes their Intellectual Property Rights;

  3. you understand that the Content you upload will not be constantly monitored by Content Jungle, however, if we do find that the content you upload does not comply with the T&Cs, we have complete discretion to remove that content; 

  4. you retain all Intellectual Property Rights in and to your own content. By uploading your content on to the App you hereby grant to Content Jungle a worldwide, perpetual, non-exclusive, royalty-free and transferable right to modify, compile, combine with other content, copy, record, synchronise, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit your content (including photographs) for any purpose whatsoever; 

  5. any reliance you place on any content posted by Members is at your own risk, and Content Jungle will not be responsible for any loss or damage that you suffer or incur as a result; and 

  6. Services that you list for sale on the App may be shared publicly by Content Jungle in both online and offline advertisements, in emails and on websites and applications.

  7. You hereby indemnify and hold harmless Content Jungle for any Costs that are suffered or incurred by Content Jungle as a result of the you breach of this paragraph 10.1.

    1. Posting on the Content Jungle App.  You must not post any unlawful material, phishing links, advertisements, pornography, any material which has the purpose of harming or attempting to harm minors in any way or other suspicious links on the App. You agree that you will not infringe any Intellectual Property Rights of any other person. Spamming or any other type of disruptive and annoying chat behaviour is strictly prohibited. Any bullying, insulting, or humiliating behaviour is not tolerated.  Racism, sexism and similar offensive behaviour is also not permitted.  Failure to abide by any of these usage rules may result in you having content that you have uploaded removed or the suspension or termination of your account and you hereby indemnify and hold harmless Content Jungle for any Costs that are suffered or incurred by Content Jungle as a result of your breach of this paragraph 10.2. 

    2. Moderation. Content Jungle will use reasonable endeavours to remove any inappropriate content from the App, but will not be responsible for overseeing, monitoring or moderating the App and Content Jungle will not be liable to Members for any Costs that are suffered or incurred by Members as a result of their use of the App.

  1. REVIEWS AND RATINGS

    1. 11.1.Members can leave ratings (score of 1-5) for other Members after completion of an Order

    2. 11.2.To prevent any misuse of our review system, all reviews must come from legitimate and eligible Orders.  Orders arranged, determined to artificially enhance Seller ratings, or to abuse the App, will result in a permanent suspension of all related accounts.

    3. 11.3.Withholding the delivery of services, files, or information required to complete the service with the intent to gain favourable ratings or additional services is prohibited. Sellers may not solicit the removal of ratings from their Buyers through mutual cancellations.

    4. 11.4.Once a Member has completed a rating, the rating will be made public.

  1. THIRD-PARTY WEBSITES & RESOURCES

    1. 12.1.Third-party resources or websites

  1. Where content and materials on the App contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as an endorsement by us of their products or services, or the accuracy of information you may obtain from the third parties. We do not control the contents of those third-party sites or resources and they are subject their own terms and conditions and privacy policies. 

  2. Certain features of the App use tools and services provided by third parties, which may be governed by separate terms and conditions. For example, to use the Stripe, you must agree to the Stripe Provider’s terms and conditions (please see Paragraph 9.4 for more information on how Members are requested to confirm the Stripe Provider’s terms and conditions). When third party tools and services are governed by separate terms and conditions, the App will provide you with a link to the applicable terms and conditions. The latter will be made available to you in a format which allows them to be reproduced and stored within the relevant third-party services and must be separately accepted if you wish to use these third-party services. 

  3. Members acknowledge and agree that Content Jungle is not responsible or liable, directly or indirectly, for any damage, loss or cost caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked platforms and websites. Your use of such platforms is at your sole risk.

    1. 3.2.Linking to our App

  1. You may link to our App, provided you do so in a way that is fair and legal, does not damage our reputation take advantage of it.

  2. You must not establish a link to our App in any websites or resources that are not owned by you, unless we have given our written permission to do. We reserve the right to withdraw linking permission at any time and in our sole discretion.

  1. INTELLECTUAL PROPERTY

    1. 13.1.We claim no Intellectual Property Rights over the Member Content, in so far as you are the creator or owner of such materials.

    2. 13.2.Subject to paragraph 13.1, you acknowledge and agree that unless otherwise specified, and subject to these T&Cs, we are the owner of all Intellectual Property Rights in our Services and the App and, including the Content, any software, logos, branding or domains contained within or made available through the App. Those works are protected by copyright laws and treaties around the world and all such rights are reserved. Unless otherwise specified in these T&Cs, you are not permitted to use any Intellectual Property Rights without the prior written consent of the owners and you may not sub-license, assign or otherwise transfer the rights granted in this paragraph.

    3. 13.3.These T&Cs do not grant you any rights to, under or in, any patents, copyright, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services, the App and/or the Systems.

    4. 13.4.You are not permitted to use the Content Jungle business name, logos or branding without our approval and you shall not remove or in any manner alter any logo, brand name, product identification, proprietary mark, trade mark notice, copyright notice, or other notices contained in or comprising part of the Services.

    5. 13.5.You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, display and publish any Member Content for the purposes of listing and selling your services on the App and operating, improving and marketing Content Jungle in any media. 

    6. 13.6.Paragraph 14.9 sets out what happens if someone claims that our use of your services infringe their intellectual property or other rights.

    7. 13.7.By sending us any ideas, suggestions, documents or proposals (Feedback), you agree that:

  1. your Feedback does not contain the confidential or proprietary information of third parties; 

  2. we are under no obligation of confidentiality, express or implied, with respect to the Feedback;

  3. we may have something similar to the Feedback already under consideration or in development; and

  4. you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against us and our users any claims and assertions of any moral rights contained in such Feedback.

    1. You acknowledge and agree that we shall own all Intellectual Property Rights in any improvements, amendments or additions to the App and/or the Services, whether such improvements, amendments or additions are a result of the Feedback or otherwise.

    2. You grant to Content Jungle a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence, with no end date for Content Jungle to (i) access, use, store, modify, combine and aggregate the Usage Data for any purpose whatsoever, and (ii) use the Usage Data to create Derived Data. Content Jungle shall own all Intellectual Property Rights in the Derived Data and you acknowledge that you shall have no rights in relation to the Derived Data.

  1. LIABILITY

    1. 14.1.You agree to indemnify and hold harmless Content Jungle, and its licensees and licensors, and their employees, contractors, agents, offices and directors from and against any Costs that are suffered or incurred as a result of: (a) the use and access to the App and/or Services by any person using your account and password; (b) a breach of the T&Cs, our Privacy Policy; or (c) any threatened legal proceedings or claims issued against Content Jungle in connection with your use of the App and/or Services. Please note that your liability could be significantly greater than any amounts that you have paid in connection with your use of the App and/or Services. 

    2. 14.2.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence and for fraud or fraudulent misrepresentation. 

    3. 14.3.To the extent permitted by law, and subject to paragraph 14.2 above, we will not be liable for any Costs that are suffered as a result of a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the App or to your downloading of any content on it, or on any website linked to it.

    4. 14.4.You accept that we shall not be liable to any Member or any third party in connection with any modification, suspension or discontinuation of the Services.

    5. 14.5.All conditions, warranties, representations or other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these T&Cs. 

    6. 14.6.Exclusion of liability in respect of business Members. If you are using the App in the course of trade:

  1. we exclude all implied conditions, warranties, representations or other terms that may apply to our App or any content on it;

  2. We will not be liable to you for:

  1. any loss of profits, revenue, use, sales, contracts, business, anticipated savings, goodwill or reputation, or loss or corruption of, or damage to, data, or business interruption, that arises under or in connection with the T&Cs or the use of, or inability to use, the App or its content; or

  2. any Costs, or any indirect or consequential loss or damage of any kind whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise even if foreseeable, that arise under or in connection with the T&Cs or the use of, or inability to use, the App or its content; and

  1. subject to paragraphs 14.2 and 14.6(a) and 14.6(b), Content Jungle’s liability to you for any Costs that arise as a result of your use of the App and any content displayed on it will not exceed the lesser of any Commission that Content Jungle has received from you since you became a Member or £250. 

    1. Exclusion of liability in respect of private individuals not acting in the course of trade. If you are using the App as a private individual other than in the course of trade:

  1. we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with the T&Cs, we are responsible for any Costs that you suffer that are a foreseeable result of that breach or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable;

  2. you agree not to use the App for any commercial or business purposes, and we have no liability to you for:

  1. any loss of profits, revenue, use, sales, contracts, business, anticipated savings, goodwill or reputation, or loss or corruption of, or damage to, data, or business interruption; or

  2. any Costs, or any indirect or consequential loss or damage of any kind, whatsoever, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable,

that you suffer as a result of failing to comply with this paragraph; and

  1. subject to paragraphs 14.2, 14.7(a) and 14.7(b), Content Jungle’s liability to you for any Costs that arise as a result of your use of the App and any content displayed on it will not exceed the lesser of any fees that Content Jungle has received from you since you became a Member or £250. 

    1. We shall have no liability to your under these T&Cs if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport or telecommunications network, acts of God, wars, riots, civil commotions, malicious damage, epidemics, pandemics, compliance with any law or governmental orders, rules, regulations or directions, accidents, breakdowns of plant or machinery, fires, floods, storms or default of suppliers or subcontractors, provided that we notify you of such an event and its expected duration (if we are aware of such event and an estimation is feasible).

    2. Complaints received from Buyers shall be handled in accordance with paragraphs 8.4-8.6. However, if anyone, including but not limited to a Buyer, any regulator, HMRC, couriers or any third party rights holder, makes a claim or takes any kind of action against us in connection with:

  1. Your services offered through the App;

  2. Member Content, including but not limited to your listings, your communications with other Members, advertising or any omissions or inaccuracies in such content;

  3. Things we have or haven’t done in reliance on information you’ve provided (or omitted to provide) to us, including our exercise of rights you have granted to us; or

  4. Things you have or have not done including but not limited to any breach of these T&Cs and our policies,

(a Third Party Claim), then you must, at our option and as we request, either help us defend or deal with the third party claim or defend or deal with it on our behalf, in each case at your own expense. If we ask you to defend or deal with a claim on our behalf, you must get our prior written agreement before settling or compromising it or attempting to do so. 

14.10 You must pay us an amount (calculated on a full indemnity after-tax basis) equivalent to any liabilities, fines, costs, expenses, damages and losses (including but not limited to direct, indirect or consequential losses, loss of profit, loss of reputation and any tax liabilities or third party charges eg. Brokers’ fees) and all interest, penalties and legal costs and all other professional costs and expenses we incur arising out of or in connection with any Third Party Claim.

  1. 15.DATA PROTECTION

    1. 15.1.We will process your personal data in accordance with our Privacy Policy https://www.contentjungle.app/privacy-policy.

    2. 15.2.We and you may share with each other the following types of personal data we have collected in connection with these T&Cs (Shared Personal Data):

  1. Names, addresses and contact details of Buyers and Sellers of services.

  2. Information about Members’ Orders for services.

  3. Information about Members’ queries and complaints in relation to Orders.

  4. Information about searches and activity on the site.

  5. Information about our respective employees.

  6. Information about individuals working with other organisations that we or you work with.

  7. Information about specific services provided by Sellers.

    1. We and you agree that we shall only process Shared Personal Data which we receive for the following purposes:

  1. Fulfilling Orders for your services.

  2. Dealing with queries and complaints from Members about other Members’ services.

  3. Marketing services to Members, subject to appropriate consents to marketing being in place (and with Content Jungle’s prior written approval).

  4. Dealing with your and our employees and individuals working with other organisations for the purposes of operating these T&Cs.

  5. Responding to requests from law enforcement and other state institutions when we receive requests for information in relation to investigations carried out by these institutions.

    1. Both we and you shall comply with all the obligations imposed on a controller under UK data protection law. If either we or you fail to do so, the other can end these T&Cs. 

    2. Both we and you will:

  1. Ensure that all necessary notices, consents and lawful bases are in place to enable lawful transfer of the Shared Personal Data to the other as well as to their employees and the entities they use in connection with these T&Cs (permitted recipients).

  2. Give full information to any data subject whose personal data may be processed under these T&Cs about the nature of such processing. This includes giving notice that, when this agreement ends, personal data relating to them may be retained by or transferred to one or more of the permitted recipients, their successors and assignees.

  3. Not disclose or allow access to the shared personal data to anyone other than the permitted recipients.

  4. Ensure that all permitted recipients are subject to written contractual obligations concerning the shared personal data (including obligations of confidentiality) which are no less demanding than those imposed by this agreement.

  5. Ensure that appropriate technical and organisational measures are in place to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data. 

  6. Not transfer any shared personal data received outside the EEA without ensuring that:

    1. the transfer is to a country approved under UK data protection law as providing adequate protection; 

    2. there are appropriate safeguards or binding corporate rules in place, pursuant to UK data protection law; 

    3. we or you (as appropriate) otherwise comply with all the obligations imposed under UK data protection law by providing an adequate level of protection to any personal data that is transferred; and

    4. one of the derogations for specific situations in UK data protection law applies to the transfer.

    1. Both we and you shall assist the other in complying with UK data protection law. The things we and you will do include but are not limited to:

  1. Consulting the other about any notices given to a data subject in relation to the Shared Personal Data.

  2. Promptly telling the other about receipt of a data subject rights request in relation to the shared personal data.

  3. Providing the other with reasonable help in complying with any data subject rights request in relation to the shared personal data.

  4. Not disclosing, releasing, amending, deleting or blocking any Shared Personal Data in response to a data subject rights request without first consulting the other, wherever possible.

  5. Helping the other (at the other's cost) to respond to any data subject rights request and to comply with UK data protection law with respect to security, personal data breach notifications, data protection impact assessments and consultations with the Information Commissioner or other regulators.

  6. On becoming aware of a breach of UK data protection law (by themselves or the other), notifying the other of it as soon as reasonably possible.

  7. When this agreement ends, either deleting or returning shared personal data (and any copies of it) received from the other, unless required by law to store it.

  8. Using technology compatible with the other's technology to process shared personal data, to ensure that transfers to or from the other don't result in inaccuracies.

  9. Maintaining complete and accurate records and information to demonstrate that it has complied with these provisions.

  10. Providing the other with contact details of at least one employee as point of contact and responsible manager for all issues arising out of UK data protection law, including the procedures to be followed in the event of a data security breach, and the regular review of the parties' compliance with UK data protection law.

  1. ENDING THE AGREEMENT

16.1 We can end this agreement and your rights to use the App and Services with immediate effect for any of the following reasons:

  1. You have not complied with these T&Cs, including the policies referred to in them and your non-compliance is more than trivial or is repeated;

  2. You've become insolvent or you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business or your financial position deteriorates to such an extent that we think your ability to fulfil your obligations under this agreement is at risk;

  3. We reasonably consider that our continuing to provide the Services to you could expose Content Jungle to disrepute, contempt, scandal or ridicule, or would tend to shock, insult or offend the public or reflect unfavourably on Content Jungle’s reputation or the other Members; or

  4. We decide to stop providing the App or to stop selling your type of services on Content Jungle.

16.3 We may terminate the agreement for convenience at any time by giving not less than 30 days’ prior written notice to you. 

16.4 If we're suspending or restricting an individual listing or ending this agreement, we'll normally give you a written statement of the specific facts or circumstances which led to our decision and which of these terms we consider you've broken. If we're acting in response to a notification from someone else, we'll also share the contents of that notification with you. However, we won't give you such a statement if:

  1. We are subject to a legal, tax or regulatory obligation not to provide the specific facts or circumstances or to set out our reasons.

  2. We are ending this agreement because you had repeatedly broken it.

  3. 16.5 After this agreement ends (for whatever reason) we:

  4. May remove all listings for your services from the App, if you’ve not already done so, and reject any Order received after this agreement ends.

  5. May remove your Member profile from the App, if you’ve not already done so, except that we can keep it live until 60 days after you have completed the last Order you received through the App, to allow Buyers to contact you about Orders previously placed.

  6. Will continue to comply with these terms insofar as they relate to Buyer Orders received through the App before removal of your listings, including by paying sums due to you for such Orders. We’ll comply with the version of these T&Cs which applied when this agreement ended.

  7. Will stop giving you access to data (including Personal Data) generated by your use of the App.

16.7 All of your data will be inaccessible via the App immediately upon cancellation or termination of your account. This data will be permanently deleted from backups and logs on cancellation or termination. Once permanently deleted, you accept that the information cannot be recovered. You are therefore advised to export or otherwise ensure you have copies of back-ups of your data prior to this date.

  1. 18.ENTIRE AGREEMENT

    1. 18.1.This agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

    2. 18.2.Each party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this agreement.

    3. 18.3.Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement. Nothing in this paragraph 18 shall limit or exclude any liability for fraud.

  1. OTHER IMPORTANT TERMS

    1. 19.1.Content Jungle is a UK registered trade mark of Content Jungle. You are not permitted to use it without our approval, unless it is part of the material you are permitted to use in accordance with these T&Cs.

    2. 19.2.Technical support in relation to the Services is currently only provided via email. We will reply to you as soon as possible, but generally replies will only be sent during Business Hours. 

    3. 19.3.You shall not, without our prior written consent, sublicense, assign, transfer, charge or sub-contract any element of the Services or any of your rights or obligations under these T&Cs to any third party, whether with or without consideration, without our prior written consent.

    4. 19.4.Provisions of these T&Cs that expressly or by their inherent nature should survive termination or expiry of these T&Cs shall survive termination or expiry and shall continue to have effect and be binding.

    5. 19.5.These T&Cs do not confer any rights on any third party pursuant to the Contracts (Rights of Third Parties) Act 1999.

    6. 19.6.If any provision or part-provision of these T&Cs is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these T&Cs.

    7. 19.7.No failure or delay by us to exercise any right or remedy provided under these T&Cs or by law shall constitute waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or of that or any other right or remedy.

    8. 19.8.These T&Cs and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these T&Cs or their subject matter or formation (including non-contractual disputes or claims).