This agreement applies as between you, the User of this Web Site and Cutture, the owner(s) of this Web Site. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these terms and conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Cutture” means Cutture Limited (Registered in England No. 6993958) Bridge Studios, 318-326 Wandsworth Bridge Road, London SW6 2TZ;
“Service” means collectively any online facilities, tools, services or information that Cutture makes available through the Web Site either now or in the future;
“System” means any online communications infrastructure that Cutture makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Cutture and acting in the course of their employment; and
“Web Site” means the website that you are currently using (http://www.cutture.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Cutture, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
2.2 Subject to sub-clause 2.3 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Cutture.
2.3 Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
3. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Cutture or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
4. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.cleartouch.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Cutture. To find out more please contact us in writing by email at firstname.lastname@example.org or by Post at Cutture Limited, Bridge Studios, 318-326 Wandsworth Bridge Road, London SW6 2TZ.
Cutture is committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act 1998). We aim to safeguard the privacy of our users while providing the highest quality of service.
Our systems collect address and buying information at the point of order so that we may process your order and provide you with the best possible service. We will not email you in the future unless you have given us your consent, and we will always give you the option to receive no further information from us.
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly. The personal information which we hold will be held securely in accordance with our internal security policy and United Kingdom law. If we intend to transfer your information outside the EEA (European Economic Area) we will always obtain your consent first.
We occasionally make names available to other companies who may also have products that would be of interest. If you would prefer us not to do this, or have any requests regarding your personal information or any queries with regard to the above-mentioned practices, please contact us on email@example.com
If you click on a link in an email from us, we may set a cookie on your browser. If you visit our website as a result of clicking on a link, we are thus able to understand how you interact with the pages of our website through the combination of the cookie and pixels set on the pages of our website. This enables us to understand what interested you in our emails and what did not, and what interests you about our website and what does not. We can then try to send you more interesting information in the future. Please note that this information is for our use only - we do not disclose or share this information with any third parties. If you do not wish this to happen, you can change the cookie settings in your browser.
6.1 Cutture makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
6.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
7. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Cutture accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
8. Limitation of Liability
8.1 To the maximum extent permitted by law, Cutture accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
8.2 Nothing in these terms and conditions excludes or restricts Cutture’s liability for death or personal injury resulting from any negligence or fraud on the part of Cutture.
8.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
9. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
10. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
12. Law and Jurisdiction
These terms and conditions and the relationship between you and Cutture shall be governed by and construed in accordance with the Law of England and Wales and Cutture and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.