CULTUREVIST – USER TERMS OF SERVICE
- About Culturevist and these Terms of Service
1.1. Welcome to Culturevist. These Terms of Service (“Terms”) apply to the Culturevist service however accessed as well as the related websites and apps, collectively referred to here as the “Culturevist Service(s)” as further described in paragraph 2 below.
1.2. The Culturevist Service is operated by Culturevist Limited (“us”, “we”, or “our”). We are registered in England and Wales under company number 09589711 and our registered office is Culturevist, C/O Murrells, 69-75 Thorpe Road, Norwich, England, NR1 1UA.
1.3. These Terms apply to any visitor to and/or user of the Culturevist Service, including: (i) any company or other body or organisation that engages with the Culturevist Service, including to enable or authorise its staff or other authorised users (“Authorised Users“) to use the Culturevist Service; and/or or (ii) any person who engages with the Culturevist Service as an authorised user enabled or authorised by their employer or other body or organisation; and/or (iii) any person who engages with the Culturevist Service either directly on their own behalf. Collectively such companies, bodies, organisations, persons, staff or other users are known here as “Users”, “you, “your” etc.
1.4. The Culturevist Service is a marketplace platform that provides access to suppliers of training and coaching services, advice or content (the “Providers”) for more detail see paragraph 2 below.
1.7. Contact Us: If you have any questions regarding these Terms or the use of the Culturevist Service, please feel free to contact us by emailing our customer services team, whose contact details are provided at the end of these Terms.
1.8. Updates: We may update these Terms from time to time; you should regularly check this page to see if any changes have been made. In relation to updates that materially affect our legal relationship, we will notify you. Ongoing use following such changes or notification will be deemed acceptance of the changes.
- 2. The Culturevist Service, the Providers and our role.
2.1 Culturevist provides a booking and payment service allowing you to find services and content from third party suppliers (the “Providers”) of training and coaching services, advice or content (the “Provider Services”) via the Culturevist Service and facilitating the necessary purchases and access. Culturevist and the Culturevist Service acts as an interface in the transactions with the Providers, including facilitating the payment process between you and the Provider.
2.2 Culturevist is not the supplier of the Provider Services or content. When you make a purchase from a Provider you are entering into a contract with the Provider via the Culturevist Service. Culturevist is not a party to any agreement between you and any Provider and Culturevist accepts no responsibility for the Provider’s services or your actions.
2.3 Culturevist is a listing and market place service in relation to the Provider Services. We do not endorse any Providers and are not making any recommendations in relation to their services.
2.4 The Provider may provide its Provider Services through its employees, contractors or other authorised providers (“Specialists”). The Provider will at all times remain responsible for and directly liable for their Specialists’ acts or omissions. As appropriate, all references to the Provider will include a reference to the Specialist.
2.5 Whilst we hope to provide you with a credible range of providers to choose from, we do not take any responsibility for a Provider or your relationship with them, and in particular we make no representation or guarantee as to:
(a) any Provider or their service (whether through the platform or not);
(b) any information regarding the Provider, including but not limited to the information included on their profile;
(c) that the Providers are licensed, accredited, insured or registered in any way;
(d) the competence of any Provider or their appropriateness for your individual needs;
(e) a Provider’s availability and responsiveness;
(f) the relevance and usefulness of a Provider’s guidance, responses, advice or sessions; or
(g) the success of any sessions or contact with Providers.
- 2.6 You should take care in selecting a Provider and a session, and you do so at your own risk.
- Subscription Packages
3.1. Separately from the Provider marketplace and listing of Providers and Provider Services, described above, Culturevist also makes available bundles of content or other materials in packages on subscription (the “Subscription Packages”). These packages may include content licensed to Culturevist from Providers.
3.2. These Subscription Packages are sold by Culturevist, and in this instance you are buying access to the relevant content from Culturevist, even if it includes content licensed from a Provider.
- Registration and Creating an Account
4.1 To use certain parts of the Culturevist Services you may be required to register and/or set up an account. To register and/or set up an account you must be a company or other legal entity, or if an individual, must be aged 18 years or older.
4.2 If you are registering, creating an account and/or otherwise using the Culturevist Service on behalf of company or other body or organisation, you confirm that you have the authority to act on their behalf and to bind them legally, and to permit access on their behalf to other Authorised Users.
4.3 The registered entity / account owner is solely responsible for providing (and keeping updated) true and accurate information during sign up and throughout the registration period. The registered entity / account owner will be responsible for any use of the account or the Culturevist Service through the account and/or through use of the login or password by its Authorised Users or otherwise.
4.4 Please ensure any person accessing the Culturevist Service through your account is authorised by you and is aware of and that you ensure that they will comply with these Terms.
- Booking a Provider session or accessing Provider Services from the Provider; or purchasing a Subscription Package from Culturevist.
5.1 Any booking you make or other purchase you make will be subject to the Booking, Payment and Cancellation Rules found here.
5.2 In participating in a video session with a Provider, and in any event in using the Culturevist Service, you agree to and will ensure that any of your Authorised Users, adhere to the Participation Rules found here.
5.3 The Provider / User Minimum Terms apply to any contract formed between Provider and User for the supply of 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, the Provider / User Minimum Terms will govern the relationship between the Provider and a User. To the extent The Provider does incorporate any further terms, the Provider / User Minimum Terms will be deemed amended to the extent of any inconsistency.
5.4 Culturevist collects and processes payments for the Provider Services (“Charges”) on behalf of the Users, and remits relevant amounts onto the Provider as part of the Culturevist Service. This is merely a payment processing service and does not imply that Culturevist is responsible for the Provider Services.
5.5 When you buy a Subscription Package, you are purchasing directly from Culturevist.
5.6 If you have a complaint about a Provider or the Provider Service, please notify us. We will put you in touch with the Provider to resolve the dispute. We may help mediate any dispute, but are not responsible for doing so. Any refunds or other compensation for Provider Services must be sought directly from the Provider. Culturevist will not process refunds for the Provider Services.
- Personal Data.
6.2. Culturevist will disclose to Providers, the information that you provide when making a purchase, solely for the purpose of the Provider providing you with the requested service.
- User Submissions, Licence and Warranty
7.1. Users and their Authorised Users may be able to: post reviews, ratings, comments and other content; participate in events, articles, podcasts, videos or similar; along with making suggestions for improving the Culturevist Service, as facilitated by the Culturevist Service (“User Submissions”).
7.2. If you (including any Authorised Users) post User Submissions, you grant us (a) a non-exclusive, royalty-free, perpetual licence to use, reproduce, publish, make available and modify such submission for any purposes related to the provision or promotion of the Culturevist Services and (b) the right but no obligation to use the name that you submit in connection with such submission in association with the submission. To the extent necessary you waive any moral rights in the User Submissions you post, including in relation to any right to be given attribution for your submission.
7.3. You represent and warrant that you own or otherwise control all of the rights to the User Submissions that you post; the User Submissions is accurate and/or an honestly held opinion; use of the User Submissions you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity.
7.4. You represent and warrant that the User Submissions is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; and does not consist of or contain software viruses, malware, spyware, political campaigning, commercial messages or solicitation, chain letters, mass mailings or any form of “spam”; and does not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to yourself or the origin of any content.
- Moderation and Community Rules
8.1. We aim to create a safe and welcoming community and require all Users to act responsibly and thoughtfully to other Users and to Providers. However, we are not responsible for any User Submissions or the actions or behaviours of other Users. We do not endorse any opinion contained in such material. We make no warranties or representations, express or implied, about User Submissions, including as to its legality or accuracy.
8.2. We may implement technology systems to attempt to automatically filter content and look for certain words such as profanities, but do not guarantee that we will systematically or successfully review User Submissions submitted by you or other Users.
8.3. We reserve the right, in our sole discretion (but have no obligation), to refuse to post or to remove or edit any of your User Submissions, or to restrict, suspend, or terminate your access to all or any part of the Culturevist Services, particularly where User Submissions breaches these Terms and we may do this with or without giving you any prior notice.
8.4. If you believe any User Submissions is inappropriate, please notify us via email@example.com.
- Advice Disclaimer
9.1. Any materials provided by Culturevist itself in the Culturevist Services or Subscription Packages are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for Provider advice based on your individual circumstances.
- Limited License and Restriction on Use
10.1. The Culturevist Service, and any content viewed through the service, including the Subscription Package, is for your personal and non-commercial use only. Subject to the other conditions of access, we grant you a limited, non-exclusive, non-transferable, licence to access Culturevist Service, including the Subscription Package, and view the content on temporary basis. You may not download, copy, rip or otherwise retain or store any of the content. Only certain content on the Culturevist Service may be shared – where and how indicted in relation to the applicable content. Except for the foregoing limited licence, no right, title or interest shall be transferred to you.
10.2. You agree to use the Culturevist Service, including all associated features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content.
10.3. The Culturevist Service must not be framed on any other site, nor may you establish a link to any part of the Culturevist Service other than the home page. Otherwise you may link to the Culturevist Service, provided you do so in a way that is fair and legal and which does not circumvent any financial revenue we may wish to make, does not damage our reputation or take commercial advantage of it or the content, or otherwise create financial revenue outside of the Culturevist Service.
10.4. You agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Culturevist Service, including any software viruses or any other computer code, files or programs.
10.5. To use the Culturevist Service, you must have internet access and a compatible device, with adequate internet speeds. We shall not be liable for any failure due to any incompatibility (including, without limitation, minimum storage and memory requirements from time to time). You are responsible for making all arrangements necessary to access the Culturevist Service. When accessing the Culturevist Service over your mobile network, you may use and/or exceed your data allowance. Please make sure you are aware of your data allowance or use Wi-Fi where available. We are not responsible for any internet access, data or other charges you may incur when using the Culturevist Service.
- Ownership, use and intellectual property rights
11.1. The Culturevist Service and all content (including but not limited to any text, video, information, messages, articles, music, images, photographs, software and other content) is, as between you and us, owned or licensed by us and/or our licensors/contributors/Providers. We and our licensors/contributors/Providers reserve all rights. For the avoidance of doubt however, we make no representations about and are not liable for the Provider Services or the content or materials related to the Provider Services (see clause 14 for more details).
11.2. Any intellectual property rights (including without limitation all patents, copyright, database rights and trademarks (whether registered or unregistered)) subsisting in any content or material or the Culturevist Service belongs to us and/or our licensors. Nothing in these Terms grants you any rights in the service or the content within the service other than the limited access rights permitted herein. All rights not granted under these Terms of are reserved by us.
11.3. You may not at any time modify, copy, store, distribute, transmit, display, revise, perform, archive, download, reproduce, publish, license, deep-link, create derivative works from, transfer, scrape, crawl, extract, reutilise, or otherwise use any information, data or content obtained from or available through the Culturevist Service unless expressly authorised by us.
11.4. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Culturevist Service.
11.5. Any software is made available for downloading such as apps is solely for your use in a personal, non-commercial manner. You may not reproduce, redistribute decompile, reverse engineer or disassemble any software or other products or processes accessible through Culturevist Service.
- Suspension or Termination of your Account
12.1. We reserve the right, acting reasonably, to immediately suspend or terminate your account if:
12.1.1. You or any of your Authorised Users breach these Terms;
12.1.2. information you have provided (whether during the sign up process or thereafter) proves to be inaccurate, fraudulent, misleading or otherwise in violation of these Terms;
12.1.3. you use the Culturevist Service for any purpose not expressly permitted by these Terms;
12.1.4. it comes to our attention (via a Provider or otherwise) that, whilst using the Culturevist Service, you acted or are acting inappropriately or in an unsafe manner; or
12.1.5. you have otherwise acted (or are acting) in a way in which we reasonably believe warrants us to suspend or terminate your account.
12.2. If we suspend your account, you will not be able to book or participate in any sessions during any period of suspension. If we terminate your account, you will no longer be able to log in to the Culturevist Service and will not be able to book or participate in any sessions. If we terminate your account under this clause we are not obliged to refund any monies paid or pre-paid by you. In the event that we do refund any monies to you, you will be liable for any charges administered by your bank or payment provider.
- Links and third party sites
13.1. The Culturevist Service and/or the content may contain links to third party websites and services. If you decide to visit any third party site or use a third party service, you do so at your own risk. We are not responsible for the content, accuracy or opinions expressed on such websites or services. Links do not imply that the Culturevist Service is affiliated to or associated with such sites or services.
13.2. Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to or from the Culturevist Service, is subject to that operator’s own rules and policies. Please read those rules and policies before proceeding.
- Warranties and limitation of liability
14.1. We make no warranty that the Culturevist Service or the Provider Services will meet your requirements, or that the content will be accurate or reliable or is fit or suitable for a particular purpose. We make no representations about and are not liable for the Provider Services or the content or materials related to the Provider Services. To the fullest extent permitted by law, any reliance you place on the information or on the Culturevist Service is at your own risk. Nor do we warrant that the functionality of the Culturevist Service will be uninterrupted or error free, that defects will be corrected or that the Culturevist Service is free of viruses.
14.2. Other than any express warranties set forth herein and any rights you have under consumer laws, the Culturevist Service is provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and, to the maximum extent permitted by applicable law, without further warranty of any kind whether express or implied, including but not limited to the implied warranties of non-infringement, compatibility, security and accuracy.
14.3. To the maximum extent permitted by applicable law, we shall not be liable 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.
14.4. In any event, to the fullest extent permitted by law, our maximum liability for direct damages to you shall not exceed the lesser of (i) the amount equivalent to the Charges (as defined in clause 5.4 – being payments for the Provider Services) or Subscription fees paid by you under the relevant Subscription Package, each as pro-rated in relation to the element of the services that caused you the relevant loss; or (ii) £25,000 (twenty-five thousand pounds).
14.5. We do not exclude or limit our liability for death or personal injury arising from our negligence, for any fraudulent misrepresentation made by us or for any other statutory rights which are not capable of being excluded.
14.6. Nothing in these Terms shall affect your statutory rights as a consumer.
- Indemnity to us.
If you or your Authorised Users are in breach of these Terms, to the maximum extent permitted by applicable law you will be responsible for and agree to indemnify us in respect of any costs, expenses, claims, proceedings, actions, losses, damages or liabilities (including reasonable legal fees) incurred by us as a result of your breach.
16.2. These Terms and documents linked or referred to, contain the entire understanding and agreement between us and you in relation to your use of the Culturevist Service and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein.
16.3. Should any part of these Terms for any reason be declared invalid or unenforceable by a court of a competent jurisdiction, it shall be deemed to be deleted without affecting the remaining provisions.
16.4. The failure by us to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
16.5. If you are unhappy with the service or have any complaint or other dispute, please contact us. The parties agree to enter into bone fide dispute resolution discussions before entering into any formal legal proceedings.
16.6. These Terms are governed and construed in accordance with the laws of England and Wales and you consent to the exclusive jurisdiction of the courts of England.
- Contact Us
If you have an enquiry or complaint about the Culturevist Service, you should contact our customer services team at firstname.lastname@example.org and we will try to answer your enquiry or resolve any complaint as soon as possible.
Last updated: 12 June 2020