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Welcome to our terms. Our terms are designed to provide our subscribers and visitors with a guideline as to how all aspects of our services are accessed and how you can and should interact with our services. This ranges from website terms of use to how to become a subscriber and what your subscription includes, to providing details as to how we use your personal information. Our terms have been designed with our subscribers and visitors in mind.
Our services are provided by and maintained by us for your personal entertainment, information and communication. The services offered by us include features, content, tickets, benefits, exclusive discounts, competitions, prize draws and/or other promotions. By using these services either as a visitor or as a subscriber of one of our subscriptions, you may need to download software and/or content and/or agree to additional terms. If you choose to participate in any of our services you will be bound by any applicable and additional terms as well as these website terms of use.
We will always aim to provide you with the best service we can, but our service is provided “as is” and we do not and cannot promise that all of the information provided in our services will always be 100% accurate. The information provided by our services is for information purposes only and does not constitute advice. All our services are provided without any warranties or guarantees.
Some of the information provided by our services is supplied to us by our third party partners. We have no control over third party content and we are unable to guarantee the accuracy of such third party content. You agree that you access any content at your own risk. Before relying on any information, whether it is from us or from our third party partners, we advise you to verify the accuracy of such information.
Whilst we will do our best to ensure that our service is fully operational at all times, we are not responsible for and shall not be liable to you for any problems or temporary interruptions in using our services arising from factors outside of our control (e.g. technical problems from traffic congestion on the internet) or for any problems arising from participating in or from downloading third party content.
To the extent permissible by law, we are not responsible for any loss or damage resulting from use of our services or from any content posted on or through our services.
You agree, that to the extent permissible by law, your sole and only remedy for any problems, issues or concerns with our service is to stop using our services, whether as a subscriber or as a visitor using one of our services.
We may amend these website terms of use at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using our services, so please ensure that you check our website terms of use frequently. By continuing to use our services after any changes are made, you accept those changes and will be bound by them.
Contracts for the purchase of Products through our site 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) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
By making a contribution, a contributor agrees and acknowledges that:
The contribution is provided to Culture Whisper as an irrevocable gift, subject to any exercise of the contributor’s right to receive a refund as described below and Culture Whisper’s right to return any contribution at its discretion;
The contribution will be used by Culture Whisper to support its Editorial operations; and
The contribution is made subject to these Terms and Conditions, which shall constitute a legally binding agreement between the contributor and Culture Whisper (the “Agreement”), entered into by each party in consideration of the other’s obligations under these Terms and Conditions.
You agree to pay your selected contribution amount on a rolling monthly basis.
Recurring contribution amounts can be changed in your account section.
You must provide us with complete and accurate payment information at the time you agree to pay a recurring monthly contribution. Payment for your recurring contribution can be made by credit or debit card.
Your payments will be taken on a rolling basis and your recurring contribution will continue unless and until it is ended by either of us in accordance with the provisions of section 5 (Refunds and Cancellation of Contributions).
Contributions will be accepted from individuals as well as any other legal entities.
Contributors who are individuals must be aged 18 or over.
All contributions to Culture Whisper shall be made through the contributions page on culturewhisper.com. Contributions will be accepted for the period during which the contributions page is live.
Contributions to Culture Whisper will be received by one of our payment providers and will be held by the provider until they are paid out to a regional Culture Whisper bank account together with other Culture Whisper funds. Each donation will be identifiable by a unique payment provider identification number and so are individually refundable, and will be accounted for separately by Culture Whisper.
From the moment the contribution is processed, Culture Whisper will be legally and beneficially entitled to the full amount of the contribution and the contributor has no entitlement to the return of a contribution in any circumstances other than as specified in these Terms and Conditions.
The contributor shall receive no benefit in return for any contribution and shall have no rights to influence the editorial policy or output of Culture Whisper.
Contributions to Culture Whisper are not charitable donations under the law of England & Wales and contributors shall not be entitled to any tax relief in respect of their contributions nor are any contributions eligible for “gift aid” either in the United Kingdom or in any other jurisdiction worldwide.
Culture Whisper reserves the right to refuse and return any contribution in its absolute discretion, including without limitation where it believes that accepting the contribution would conflict with the mission, values or interests of journalism, and/or where, having regard to the source of the contribution or intentions of the contributor, Culture Whisper considers that to accept the contribution could damage the independence or reputation or adversely affect the relationship of Culture Whisper with other contributors or stakeholders.
Contributors shall be entitled to receive a refund of their contribution for up to 14 days after receipt of payment by notifying Culture Whisper by email at [email protected]. Any requests for a refund of a contribution received by Culture Whisper following expiry of the 14 day period will be ineligible.
Any refused and/or returned contributions shall be repaid into the account from which the contribution was made.
Recurring contributions can be cancelled at any time, simply email [email protected].
Cancellation requests will be confirmed within 48 hours.
Culture Whisper reserves the right to:
Request the full name and contact details of the contributor;
Request from the contributor any other information that it considers to be necessary or desirable to determine the provenance of the contribution;
Undertake any further investigations it deems fit to determine the provenance of the contribution.
Contributors shall not be entitled to publicise their contribution or otherwise market themselves or any connected person or business in connection with their contribution, except with the prior written consent of Culture Whisper and then only if the contributor complies with any relevant policies, procedures or requirements. The aforementioned restrictions shall not apply to any options for publicising donations that Culture Whisper may make available to contributors from time to time e.g. social sharing buttons on contributions pages.
Information about how we handle your personal data is set out separately in the Culture Whisper privacy policy, available at privacy policy page.
Neither Culture Whisper nor any affiliated person, employee, agent, officer or director shall be liable for any loss suffered by any donor or other person arising out of or in connection with a contribution, whether direct or indirect, including loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, except in respect of any liability for death or personal injury or any other liability which cannot be excluded or limited under applicable law.
A failure of Culture Whisper to assert a right or provision under these Terms and Conditions shall not constitute a waiver of that right or provision.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.
This Agreement constitutes the entire agreement between the contributor and Culture Whisper in respect of any contributions made by the contributor.
These Terms and Conditions are not intended to confer any contractual benefit on any person pursuant to the terms of the Contracts (Rights of Third Parties) Act 1999.
The Agreement and any non-contractual obligations arising out of or in connection with it will be governed by English law and subject to the exclusive jurisdiction of the courts of England and Wales.
If you have a query or complaint about your contribution, please contact us using any of the contact details below:
Email: [email protected]
To terminate your Gold Whisper subscription or change your payment method, log into your customer account and edit through the "Your Profile" tab and selecting "Subscription". You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit any re-subscription where we have previously elected to terminate a subscription from you.
If you cancel within 14 days of the start of your subscription and haven’t redeemed any tickets offered on the Culture Whisper website or used exclusive Culture Whisper benefits, we will refund any payments received from you using the same method of payment that you used to purchase your subscription. You will not be entitled to a refund of your initial payment if you cancel after 8 days of the start of your subscription.
If you no longer wish to have a White Whisper subscription, you may terminate your account by sending an email to [email protected] . If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Culture Whisper Site. Continued use of the Culture Whisper Site indicates your continued acceptance of these terms and conditions.
For details of how we will process your personal information, please visit our privacy policy and cookie policy pages
Through culturewhisper.com you have the opportunity to acquire tickets, packages, goods, products and services, make bookings for venues and events and obtain other benefits and enter into commercial transactions ("e-commerce transactions"). e-commerce transactions may be available from third parties. It is important to note that where you enter into e-commerce transactions with third parties you will be required to enter into separate terms and conditions in respect of such transaction directly with such third parties. Culture Whisper cannot be held responsible for any transaction that you enter into with a third party.
All notices given by you to us must be given to Culture Whisper Ltd at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when registering. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use privacy policy
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected] .
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written between us prior to such Contract except as expressly stated in these terms and conditions or the documents referred to in them.
The other party's only liability in relation to these representations, undertakings or promises will be for breach of contract.
Nothing in this clause limits or excludes either parties liability for fraud.
If you would like to get in touch with us to make a complaint, please use one of the following options:
If you are unable to resolve your dispute with us directly, you may wish to use the European ODR platform at http://ec.europa.eu/consumers/odr/
If you have any concerns about material which appears on our site, please contact [email protected] .