- We provide a platform via the CrafTutor website (www.craftutor.com) (the Platform) where local service providers can list leisure activities and recreational experiences and workshops (the Services) for purchase by buyers. As the provider of the Platform, we facilitate the sale and purchase process between service providers and buyers, we do not sell or purchase the Services ourselves. These terms and conditions govern your use of the Platform.
- By accessing or using the Platform, you accept these terms and conditions in their entirety; therefore, if you do not agree with these terms and conditions or any part of these terms and conditions, you must not use the Platform.
- If you register to use the Platform, submit material or use any part of the Platform, we will ask you to expressly accept these terms and conditions.
- You must have at least :
- 18 years to use our Platform as a service provider; and
- 16 years old to use our Platform as a buyer,
- By using our website or accepting these terms and conditions, you warrant and represent to us that you are at least 18 years of age or 16 years of age (as applicable).
- Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them.
This information is provided at craftutor.com/terms and conditions and it is important that you read this information.
All Services presented on the Platform are subject to availability. Any images or descriptions are for illustrative purposes only and the actual Services may vary from such images or descriptions. While we use commercially reasonable efforts to ensure that service providers provide accurate, complete and non-misleading listings on our Platform, we cannot guarantee that the information provided to us is accurate.
- Gift cards can be purchased on the Platform and are valid for five years from the date of purchase or for a longer period if provided for by State law.
- Gift cards are available as e-vouchers which are emailed instantly and can be printed.
- Gift cards purchased on the Platform may be exchanged for any Service listed on the Platform, unless otherwise specified.
- If you purchase Services that exceed the amount of the gift card, you may pay the difference in price by another means of payment.
- Gift cards are fully refundable if you have not already used the gift card to purchase Services and you contact us within 100 days of purchase to inform us that you would like a refund (via our Contact page on the Platform).
- In the case of fraudulently obtained gift cards, we have the right to suspend your account and, if you have used the gift card to purchase Services, to request payment from you for the Services.
Subject to the express provisions of these General Terms and Conditions :
- we, together with our licensors, own and control all copyright and other intellectual property rights in our Platform and the material on the Platform; and
- all copyright and other intellectual property rights in our Platform and the material on the Platform are reserved.
- You can :
- consult the pages of our Platform in a web browser;
- download pages from our Platform and cache them in a web browser;
- print pages from our Platform; and
- use our Platform using a web browser,
subject to the other provisions of these general terms and conditions.
- Except as expressly permitted by section 4.1 or other provisions of these terms and conditions, you must not download any material from our Platform or save any such material on your computer.
- You may only use our Platform for your own personal and business purposes, and you must not use our Platform for any other purpose.
- Except as expressly permitted by these terms and conditions, you must not modify or otherwise alter any material on our Platform.
- Unless you own or control the relevant rights in the material, you must not:
- republish material from our Platform (including republishing on another platform/website);
- sell, rent or sub-license material from our Platform;
- show any material from our Platform in public;
- exploit material on our Platform for commercial purposes; or
- redistribute material from our Platform.
- We reserve the right to restrict access to certain areas of our Platform, or indeed our entire Platform, at our discretion; you must not circumvent or attempt to circumvent any access restriction on our Platform.
- You must not :
- use the Platform in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the Platform;
- use the Platform in an illegal, unlawful, fraudulent or harmful manner, or in connection with an illegal, unlawful, fraudulent or harmful purpose or activity;
- use the Platform to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keylogger, rootkit or other malicious computer software;
- carry out any systematic or automated data collection activity (including without limitation scraping, data mining, data extraction and data harvesting) on or in connection with our website without our express written consent.
- access or otherwise interact with the Platform using any robot, spider or other automated means, except for search engine indexing, or
- use the data collected from our Platform for any direct marketing activities (including without limitation e-mail marketing, SMS marketing, telemarketing and direct mail).
- You must ensure that any information you provide to us through our Platform, or in connection with our Platform, is true, accurate, current, complete and not misleading.
- You must not use the Platform to facilitate direct communications with other users for the purpose of diverting or attracting customers away from us and circumventing the Platform.
- If you are using our Platform or expressly agreeing to these terms and conditions as part of a business or other organisational venture, then by doing so you are binding both :
- yourself; and
- the person, company or other legal entity that operates that business or organisational venture, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context otherwise requires.
- This Section 7 applies to buyers and potential buyers.
- Please note that all Services are provided in Morocco, so although you may purchase our Services from outside Morocco, you (or the intended recipient, if applicable) will need to be located in Morocco to receive the Services purchased.
- To be eligible for a buyer's account under this Section 7, you must be at least 16 years old.
- You do not need to register for a buyer's account and can checkout as a guest. However, if you wish to register for a buyer's account, you can choose to do so at checkout, please see section 9 for more details.
- This Section 8 applies to you if you are, or wish to be, a service provider selling your Services to buyers using the Platform.
- To be eligible for a service provider account under this Section 8, you must operate a business and :
- If you are self-employed, you must be at least 18 years old and resident in Morocco;
- if you are a partnership, you must be established under the laws of Morocco; and
- if you are a limited company or other limited liability entity, you must be incorporated in Morocco.
- You can register for a service provider account with our Platform by completing and submitting the account registration form on our Platform.
- At checkout, you will have the option of registering for an account, your email address will be your user ID and you will be asked to create a password.
- You must keep your password confidential.
- You must notify us in writing immediately if you become aware of any disclosure of your password.
- You are responsible for all activities resulting from any failure to keep your password confidential and may be held liable for any loss resulting from such failure.
- We may from time to time publish notices about the Services and the Platform.
- The reviewers are or may be independent of us; consequently, the opinions published on our Platform do not necessarily reflect our views and opinions.
- You acknowledge that the notices published on our Platform may be out of date, biased, partial, misleading and/or inaccurate.
- You should not rely on the opinions we publish to make decisions or determine share prices, and you should carry out your own research before making a decision or taking a share price.
- Subject to Section 26.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any published notice.
- You consent to the publication of notices about you and your business by others on our Platform; you acknowledge that such notices may be critical or defamatory or otherwise unlawful; and, subject to Section 26.1, you agree that you will not hold us liable for such notices, whether or not we are aware of them or should have been aware of them.
- We may from time to time publish reviews from users - including both purchasers and service providers.
- Any registered user may submit notices for publication, subject to these terms and conditions.
- Your opinions must be honest, reasonable and in good faith.
- For the avoidance of doubt, your notices constitute "your content" for the purposes of Section 22 and Section 23.
- You acknowledge that we may publish and otherwise use, in conjunction with your notices, the name you provide, but we are under no obligation to do so.
- You hereby waive all moral rights in your notices to the maximum extent permitted by applicable law and you warrant that all other moral rights in your notices have been waived to the maximum extent permitted by applicable law. You must not duplicate your Notice on any other platform, website or social media unless we give you prior consent to do so.
- You acknowledge that the User Opinions published are submitted by Users, and that we do not generally review, approve or edit them; consequently, we do not guarantee the completeness or accuracy of User Opinions.
- If you register as a service provider, you will be able to submit advertisements.
- To create an advert, you must follow the prompts provided on the Platform.
- Ads that are submitted will be reviewed individually within 7 working days of submission.
- Without prejudice to our other rights under these terms and conditions, we reserve the right to reject, unpublish and/or remove any advert which breaches these terms and conditions or which does not comply with the additional guidelines for published adverts.
- If we authorise the publication of an advertisement, it will remain published for as long as the Services described in the advertisement continue to be offered by the Service Provider, subject to these terms and conditions.
- Advertisements submitted must be true, fair, complete and accurate in every respect.
- The advertisements submitted must be bona fide advertisements relating to the subject matter.
- You must keep your adverts up to date when using our Platform; in particular, you must delete any adverts relating to Services that have ceased to be available.
- You must not advertise, buy, sell or provide through or in connection with our Platform any service which:
- violates any law, regulation or code, or infringes the intellectual property or other rights of any person, or gives rise to a cause of action against any person, in each case in any jurisdiction and under any applicable law;
- involves the supply, distribution or publication of any material which, if published on our website by you, would contravene the provisions of Section 4 or Section 22;
- involves drugs, narcotics, steroids or controlled substances; involves pornography or obscene, indecent or explicitly sexual material; encourages or facilitates criminal acts or civil wrongs; or encourages or facilitates the infringement of an intellectual property right.
- You are solely responsible for ensuring that you have and maintain all requirements, licenses, consents and permissions necessary for the provision of the Services, including but not limited to disclosure and barring checks, alcohol licenses, food hygiene standards.
- a purchaser must add the Services they wish to purchase to the shopping basket and then proceed to checkout. It is the buyer's responsibility to check all details and restrictions relating to the Services before purchase;
- The Buyer must select the preferred date and time for the provision of the Services and confirm the order and its agreement to these Terms and Conditions and the applicable General Supply Terms and Conditions;
- we will take and process the buyer's payment via our third party payment service provider, buyers must submit full payment by credit, debit, prepaid gift card or any other payment method specified during the purchase process, updated from time to time;
- we will then send the buyer an automatically generated payment and order confirmation via the Platform (at which point the order will become a binding contract between the service provider and the buyer).
- Service providers must use the Platform to download legal notices that apply to their relationship with purchasers, including but not limited to cancellation, rescheduling and refund policies.
- Service providers must ensure that :
- (a) the legal advice is sufficient to meet the service provider's legal disclosure and other legal obligations; and
- (b) they comply with all laws applicable to their advertisements and provision of Services, including where applicable the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Electronic Commerce (EC Directive) Regulations 2002.
- Unless the Buyer and the Service Provider expressly agree otherwise, the following provisions shall be incorporated into the contract for the provision of Services between the Buyer and the Service Provider:
- (a) the price of the Services will be that indicated in the corresponding service advertisement
- (b) other amounts will only be payable by the Buyer if this is expressly and clearly stated in the advertisement or at the time of payment;
- (c) the service provider must use appropriate means to provide the Services;
- (d) The Services shall be provided with reasonable care and skill and shall correspond in all material respects to the description of the Services in the Advertisement and any other description of the Services provided or made available by the Service Provider to the Buyer.
- If the service provider is a trader and the purchaser is a consumer, the provisions of Section 17 will be incorporated into the contract for the provision of the Platform between the purchaser and the service provider.
- Purchasers and service providers undertake to comply with the agreed general conditions of supply.
- In general, a purchaser (acting as a consumer, i.e. a person acting outside or principally outside the purchaser's trade, business, craft or profession) will not have the right to cancel a contract to the extent that the contract relates to the provision of Leisure Activity Services, if the contract provides for a specific date or period of performance. Please check the cancellation, rescheduling and refund policies included in the service provider's listing before purchasing.
- If a refund is due, we will make the refund using the same method as that used to make the payment. In any event, the buyer will not incur any costs as a result of the refund.
- We will process the refund without undue delay and, in any event, within 14 days of the day on which we are informed of the cancellation.
- As a purchaser, you must pay us the fees for the Services in advance, in cleared funds, in accordance with any instructions on our Platform.
- The applicable fees for the Services will be indicated in the list on the Platform.
- If you dispute a payment made to us, you must contact us immediately and provide us with full details of your complaint.
- If you owe us any amount under or in connection with these terms and conditions, we may suspend or withdraw the provision of the Platform to you.
- We may at any time set off any amount you owe us against any amount we owe you by giving you written notice of the set-off.
- We will deduct a commission for each sale of Services made through our Platform from the fees payable to us under Section 18 by the purchaser.
- Regarding the commission payable to us :
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- (a) we will deduct our commission before making payment of the balance to the service provider; and
- (b) the commission shall be payable at the rate or rates specified by us at the time the service provider creates the advert on our Platform.
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- We may change commission rates from time to time (we will notify service providers directly), but this will not affect any commission that accrues before the new rates are posted.
- 20.1 We will pay the Service Provider the balance of the Fees (after deducting our commission as set out in section 19) 3 Business Days after the Services have been completed, or as otherwise agreed with the Service Provider.
- We will make the payment to the bank account designated by the service provider.
- The deadline for payment to the service provider will not be essential, but we will endeavour to pay the service provider in good time.
- Where the purchaser requests a refund as a result of their right to cancel, the service provider will not be entitled to a fee payment from us. If we have already paid the service provider, then the service provider must refund the fee to us to enable us to refund the purchaser.
- You acknowledge that :
- (a) we do not confirm the identity of users, check their solvency or good faith, or verify them in any way whatsoever;
- (b) we do not verify, audit or monitor the information contained in the advertisements;
- (c) we are not a party to any contract for the sale or supply of Services advertised on the Platform (other than marketplace and payment processing services made available to purchasers and service providers under these terms and conditions);
- (d) we are not involved in any way in a transaction between a buyer and a service provider, except that we facilitate a marketplace for buyers and service providers, process payments on behalf of buyers, provide confirmation emails and reminders, and process refunds;
- (e) we are not the agent of any purchaser or service provider,
- You acknowledge that we cannot be responsible for the conduct of our users, whether on or off the Platform, and that we cannot guarantee that any information provided by a user is true, accurate, complete, current and not misleading; and subject to Section 26.1, you will not hold us liable for any loss or damage arising from a user's conduct or from a user's information.
- The provisions of this Section 21 are subject to Section 26.1.
- In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audiovisual material, scripts, software and files) submitted by you to us or to our Platform for storage or publication on, processing by, or transmission through, our Platform.
- You grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
- You grant us the right to sub-license the rights granted under Section 22.2.
- You grant us the right to bring an action for breach of the rights granted under Section 22.2.
- You hereby waive all moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
- Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may remove, unpublish or edit all or part of your content.
- You warrant and represent that your content will comply with these terms and conditions.
- Your content must not be illegal or unlawful, must not infringe the legal rights of any person, and must not be likely to give rise to legal proceedings against any person (in each case in any jurisdiction and under any applicable law).
- Your content, and our use of your content in accordance with these terms and conditions, shall not:
- (a) be defamatory or falsely malicious
- (b) be obscene or indecent ;
- (c) infringe a copyright, moral right, database right, trademark right, design right, right of way or any other intellectual property right;
- (d) infringe a right of confidentiality, a right to privacy or a right under data protection legislation;
- (e) constitute negligent advice or contain a negligent statement;
- (f) constitute incitement to commit a crime, instructions to commit a crime or the promotion of criminal activities;
- (g) be in contempt of court or in breach of a court order;
- (h) be in breach of legislation on racial or religious hatred or discrimination;
- (i) be blasphemous ;
- (j) be in breach of legislation on official secrets ;
- (k) be in breach of any contractual obligation owed to any person ;
- (l) depict violence in an explicit, graphic or gratuitous manner;
- (m) be pornographic, lewd, suggestive or explicitly sexual ;
- (n) be false, untrue, inaccurate or misleading ;
- (o) consist of or contain instructions, advice or other information which may be followed and which could, if followed, result in illness, injury or death, or any other loss or damage;
- (p) constitute spam ;
- (q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, threatening, hateful, discriminatory or inflammatory; or
- (r) cause annoyance, inconvenience or needless anxiety to any person.
- Your content should be appropriate, civil and tasteful, and in line with generally accepted standards of internet etiquette and behaviour.
- You must not use our Platform to link to any website or web page consisting of or containing any material that breaches any of the provisions of these terms and conditions.
- You must not submit any material that is or has been the subject of threats or actual legal proceedings or other similar complaints.
- If you become aware of any illegal material or activity on our Platform, or any material or activity that breaches these terms and conditions, please let us know.
- You can inform us of any such material or activity by contacting us via our Contact Page.
- We do not guarantee or represent :
- (a) the completeness or accuracy of the information published on our Platform;
- (b) the material on the Platform is up to date; or
- (c) that the Platform or any service will remain available.
- We reserve the right to discontinue or modify all or any part of our Platform, and to cease publishing our Platform, at any time in our sole discretion without notice or explanation; and except to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment in the event of discontinuance or modification of any Service, or if we cease to publish the Platform.
- To the maximum extent permitted by applicable law and subject to Section 25.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions and the use of our Platform.
- Nothing in these terms and conditions :
- (a) limit or exclude any liability for death or personal injury resulting from negligence.
- (b) limit or exclude any liability for fraud or fraudulent misrepresentation
- (c) limit any liability in any way that is not permitted under applicable law; or
- (d) exclude any liability which cannot be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
- The limitations and exclusions of liability set out in this Section 26 and elsewhere in these General Conditions :
- (a) are subject to Section 26.1; and
- (b) govern all liabilities arising out of or in connection with the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
- Insofar as our Platform and the information displayed on it are provided free of charge, we shall not be liable for any loss or damage whatsoever.
- We will not be liable to you for any loss arising from any event or occurrences beyond our reasonable control.
- We will not be liable to you for any loss of business, including (without limitation) loss or damage to profits, revenue, use, production, anticipated savings, business, contracts, business opportunities or goodwill.
- We will not be liable to you for any loss or corruption of data, database or software, provided that if you contract with us under these terms and conditions as a consumer, this Section 26.6 will not apply.
- We shall not be liable to you for any special, indirect or consequential loss or damage, provided that if you contract with us under these terms and conditions as a consumer, this Section 26.7 shall not apply.
- You agree that we have an interest in limiting the personal liability of our officers and employees and, in light of that interest, you acknowledge that we are a limited liability entity; you agree not to bring any personal action against our officers or employees in respect of any loss you suffer in connection with the Platform or these terms and conditions (which will of course not exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
- Our aggregate liability to you in respect of any contract for the provision of services to you under these terms and conditions shall not exceed the total amount paid to us under the contract.
- You hereby indemnify us, and agree to keep us indemnified, against all losses, damages, costs, liabilities and expenses (including without limitation legal fees and any amounts paid by us to any third party in settlement of any claim or dispute) incurred or suffered by us arising directly or indirectly from your use of our Platform or any breach by you of any provision of these terms and conditions.
- Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
- (a) send you one or more formal warnings;
- (b) temporarily suspend your access to the Platform;
- (c) permanently bar you from accessing the Platform;
- (d) block computers using your IP address to access the Platform;
- (e) contact one or all of your Internet service providers and request that they block your access to the Platform;
- (f) take legal action against you, whether for breach of contract or otherwise; and/or
- (g) suspend or delete your account.
- Where we suspend or prohibit or block your access to the Platform, you must not take any action to circumvent such suspension or prohibition or block (including without limitation creating and/or using another account).
14. Third-party websites
29.1 Our Platform includes hyperlinks to other websites owned and operated by third parties; these hyperlinks are not recommendations. 29.2 We have no control over third party websites and their content, and subject to Setion 26.1, we accept no responsibility for them or for any loss or damage which may arise from your use of them.
- Our Platform includes hyperlinks to other websites owned and operated by third parties; these hyperlinks are not recommendations.
- We have no control over third party websites and their content, and subject to Section 26.1, we accept no responsibility for them or for any loss or damage that may arise from your use of them.
- CrafTutor, our logos and other registered and unregistered trademarks are our property; we do not grant any license to use these trademarks, and any such use may violate our rights.
- The registered and unregistered trade marks or service marks of third parties on our Platform are the property of their respective owners and, unless otherwise stated in these terms and conditions, we do not endorse and are not affiliated with any of the owners of such rights and as such we cannot grant any licence to exercise such rights.
- We may revise these terms and conditions from time to time.
- The revised terms and conditions will apply to use of the Platform from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be informed of, or to consent to, revisions to these terms and conditions.
- If you have given your express consent to these terms and conditions, we will ask for your express consent to any revision of these terms and conditions; and if you do not give your express consent to the revised terms and conditions within such period as we may specify, we will deactivate or delete your account on the Platform, and you must cease using the Platform.
- You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions - provided, if you are a consumer, that such action does not serve to reduce the warranties available to you under these terms and conditions.
- You may not, without our prior written consent, assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
- If any provision of these terms and conditions is determined by a court or other competent authority to be illegal and/or unenforceable, the remaining provisions shall remain in full force and effect.
- If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if any part of it were deleted, that part shall be deemed to be deleted, and the remainder of the provision shall continue in full force and effect.
- A contract under these terms and conditions is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.
- The exercise of the parties' rights under a contract by virtue of these general terms and conditions is not subject to the consent of a third party.
- Subject to Section 26.1, these terms and conditions, together with our privacy and cookies policy, will constitute the entire agreement between you and us in relation to your use of our Platform and will supersede all previous agreements between you and us in relation to your use of our Platform.
- These terms and conditions shall be governed by and construed in accordance with English law.
- Any dispute relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.
- We will specify on the Platform or elsewhere in these terms and conditions the various technical steps you must take to enter into a contract under these terms and conditions, as well as the technical means for identifying and correcting input errors before placing your order.
- We will not retain a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our Platform. We recommend that you consider saving a copy of these terms and conditions for future reference.
- These terms and conditions are only available in English.
- The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr. The online dispute resolution platform can be used to resolve disputes.
- This website is owned and operated by the Oprems SARLAU Group.
- We are registered in -country- and -country- as -Craftutor Limited- with registration number -123456789-, and our registered office is located at -17 Queens Lan-. We are also incorporated in -Delaware- under the name -Craftutor-, Inc. and our registered office is located at -Road, Building #104, Wilmington, New Castle County, Delaware-.
- You can contact us at
- (a) via our Contact page; or
- (b) by email, using the email address published on our website from time to time.
- If a gift card purchased from Craftutor states that Craftutor will donate any unused balances to charity, this means that the unused balances will be donated in the form of a Craftutor gift card to that charity when that gift card expires.