CULTUREVIST – PROVIDER / USER MINIMUM TERMS
IN RELATION TO PROVIDER SERVICES
These Provider / User Minimum Terms apply to any contract formed between Provider and User for the supply of any training and coaching services, advice or content or other items or services made available to the Users by Providers (“Provider Services”) via the Culturevist Service. When entering into a contract to provide a User with Provider Services, the Provider may also incorporate their own terms of business to govern the relationship. To the extent that the Provider does not incorporate any further terms, these Provider / User Minimum Terms will govern the relationship between the Provider and a User. To the extent the Provider does incorporate any further terms, these Provider / User Minimum Terms will be deemed amended to the extent of any inconsistency. Any defined terms used here have the same meaning as in the User Terms of Service and/or the Provider Terms.
- Relationship: The Culturevist Service is a marketplace booking and payment service only. Culturevist acts as an interface in the transactions between Providers and User, including facilitating the payment process relating to Charges between User and the Provider. Culturevist is not the supplier of the Provider Services. When Users make a Purchase from a Provider, the User and Provider are entering into a contract directly. Culturevist is not a party to any agreement between the Provider and the User and Culturevist accepts no responsibility for the Provider’s services or the User’s actions.
- Booking and Purchases: Any booking or other purchase made between the Provider and a User will be subject to the Booking, Payment and Cancellation Rules, found here.
- Payment: The User will pay the relevant Charges for the Provider Services. Culturevist collects and processes such payments on behalf of the Provider and User, and remits relevant amounts to the Provider as part of the Culturevist Service.
- Code of Conduct: In participating in a video session or otherwise in relation to the Provider Services the Provider and the User agree to adhere to the Participation Rules found here.
- Provider Services: The Provider will provide the Provider Services with all due skill and care, and substantially as described in any descriptions of the Provider Services.
- Disclaimers / Warranties: The Provider makes no warranty that the Provider Services will meet the User’s specific requirements, or that the content will be accurate or reliable. Other than any express warranties set out here and any rights the User may have under consumer laws, the Provider Services are provided on an “AS IS” and “AS AVAILABLE” basis and, to the maximum extent permitted by applicable law, without further warranty of any kind whether express or implied.
- Liability: To the maximum extent permitted by applicable law, neither party shall be liable to the other under, or in connection with, this agreement in contract, tort, or negligence for any indirect or consequential loss whatsoever, nor any loss of profits, business, revenue, anticipated revenue, goodwill, opportunity, savings, or data, except to the extent that the loss or damage was incurred as a direct result of fraud or wilful misconduct. In any event, to the fullest extent permitted by law, each party’s maximum liability for loss or damages to the other shall be capped at the amount of the relevant Charges for the Provider Services. Nothing excludes or limits liability for death or personal injury arising from negligence, for any fraudulent misrepresentation or for any other statutory rights which are not capable of being excluded. Nothing in these terms shall affect the User’s statutory rights as a consumer.
- Intellectual Property (IP): All IP in the Provider Services and related materials belongs to the Provider or its licensors. The Provider reserves all rights in the Provider Services and related materials, and the User only has a limited license to use or access the Provider Services and related materials to the extent necessary to receive the relevant services.
- Governing law & jurisdiction: the agreement will be governed by the laws of England and Wales, and the jurisdiction of the courts of England in London.