Culture Whisper: Terms of service

Your bespoke planner for London life and arts

TERMS AND CONDITIONS

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.culturewhisper.com (our site), whether as a guest, a registered user or a subscriber. Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site. These terms supersede any prior written or oral agreement between us relating to such matter. We may change these terms from time to time.

INFORMATION ABOUT US

www.culturewhisper.com is a site operated by Culture Whisper Ltd ("We"). We are registered in England and Wales under company number 08460988 and have our principal place of business at 9 Great Newport Street, England. Our VAT number is 1605176.

SERVICE AVAILABILITY
Our site is intended for use by people throughout the World.
YOUR STATUS
By registering with our site, you warrant that:
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Our site allows you to use our matching technology to capture your preferences and recommend cultural events. The amount of content that you can view depends on what type of user you are.
2. Access to the website and registration of your account is free. After you submit your registration form, you will receive an e-mail from us acknowledging that we have received your registration. Please note that this does not mean that your registration has been accepted.
3. Once you have registered with us to access the full website and use the full range of matching technology services is free for a month
4. However, to access the full website and use the full range of matching technology services after a month free trial, you will need to subscribe and pay a fee. On receiving your acknowledgement of registration pursuant to condition 3.2, you will receive an invitation to subscribe to the full range of services of the website.
5. There are two optional subscription plans to Culture Whisper: a monthly payment subscription plan and an annual payment subscription plan.
6. By selecting a subscription plan you agree that there will be an initial charge followed by recurring period charges (either monthly or annual) as agreed to by you. By entering into this Agreement and selecting either a monthly or an annual subscription plan, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Culture Whisper may submit periodic charges (monthly or annually as relevant) without further authorization from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Culture Whisper could reasonably act.
7. To terminate your authorisation 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.
8. By subscribing to Culture Whisper you are agreeing to pay recurring periodic subscriptions (monthly or annually) for an indefinite time until cancelled by you or us, on the subscription terms set out in the application form you have completed.
9. Once we have received payment pursuant to condition 3.6. and payment has been validated by your bank, we will confirm acceptance to you of your registration by sending you an e-mail that confirms that you have been accepted (the "Subscription Confirmation").
10. The contract between us ("Contract") will only be formed when we send you the Subscription Confirmation.
11. The price of the services will be as quoted on our site from time to time, except in cases of obvious error. Prices quoted include VAT.
12. Payment for all services must be by credit or debit card. We accept payment with Visa, Amex and MasterCard. We will not charge your credit or debit card until we receive your subscription form.
13. Refunds Policy: On cancellation of your subscription for any reason we will not refund any payment made to Culture Whisper.
14. Complimentary Ticket Policy: Our complimentary ticket offers are exclusive to Culture Whisper members and are non-transferable and non-refundable. Tickets are subject to availability and are limited to one per person. Complimentary tickets are either offered as an individual or in a pair, of which will be indicated on your registration confirmation. You must respond to our ticket offers within one week of receipt, otherwise you will not be eligible to claim a ticket. If an event has sold out, you will be placed on a waiting list to which you will be offered an alternative ticket if they are available.
15. Ticket Cancellation Policy: If you can no longer attend an event once you have already registered, you must notify us at least two days prior to the event. Those who cancel with less than 48 hours notice and/or fail to attend more than once will not be eligible to claim future complimentary tickets. If you can no longer attend an event due to another engagement, Culture Whisper will not be held responsible for re-scheduling complimentary tickets for an alternative date. Furthermore, members who need to re-schedule tickets are asked to please contact the venue directly.
INTELLECTUAL PROPERTY RIGHTS
1. All Culture Whisper content belongs to Culture Whisper or to third parties who own all intellectual property rights (including copyright and database rights) in the content and any selection or arrangement of the content. No intellectual property rights in any content are transferred to you. You are permitted to use this material only as expressly authorised by us.
2. To the maximum extent permitted by law, we exclude all representations and warranties including any implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility and accuracy of our site. We do not guarantee the timeliness, completeness or performance of our site or any of the content. While we try to ensure that all content is correct at the time of publication, we are not responsible for any errors, omissions or inaccurate content of our site.
  (a) View the content for your personal use on any device that is compatible with www.culturewhisper.com (this might be your PC, laptop, smartphone, tablet or other mobile device) and store content on that device for your personal use;
  
  (b) print off one copy and download extracts, of any page(s) from our site for your personal reference.
3. You must not:
  (a) use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or the relevant third parties;
  
  (b) modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;
  
  (c) copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content,
  or assist or facilitate any third party to do the same without prior written consent from us.
4. The conditions you must comply with in order to produce summaries:
  (a) you must source Culture Whisper (and any identified contributors) as the authors of material on our site and acknowledge us as the author by way of an attribution such as “[name] at Culture Whisper” with a link to www.culturewhisper.com;
  
  (b) you must ensure that your summaries do not in whole or in part form a substitute for Culture Whispers own products and services. No individual or organisation may create, republish or redistribute more than ten (10) summaries in aggregate each day, each one sourced from a different Culture Whisper review that is published on the same day you created the summary;
  
  (c) you must not use or create summaries that promote or endorse any product or service;
  
  (d) If Culture Whisper notifies you that it believes you are creating, republishing or redistributing summaries outside these parameters, you shall immediately cease doing so and your right to create summaries shall be regarded as withdrawn until Culture Whisper reaches an agreement with you regarding your use of Culture Whisper content.
5. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
RELIANCE ON INFORMATION POSTED
1. The cultural events on our site are made available by third parties. They are not made available by Culture Whisper. Our site is not a retailer, nor is it an agent of any retailer. You will purchase tickets from third parties and purchases will be subject to the terms of sale of the relevant third party. We are not responsible for any purchases you make from third parties, or for any after sale services, refunds, tickets charges or for third party websites.
2. We do our best to ensure that the information we receive or source about cultural events from third parties is accurate and up to date. Where we provide previews of events, we are providing opinions based on information received from or sourced by us in relation to third parties. We cannot guarantee that this information will be accurate or that the cultural event will be as described, available or of any specific quality and we make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of the partner networks, advertisers and affiliates content.
LINKS FROM OUR SITE
1. The site may contain hyperlinks to websites and resources owned and operated by third parties. These third party websites and resources have their own terms of use and privacy policies which you will need to comply with. We have no control over third party websites or resources and we are not responsible for the availability of such websites and resources. We do not accept any responsibility or liability for any third party websites and resources and your access and use of such services and content is at your own risk.
2. Third party links do not imply that we endorse, are affiliated or associated with any linked website, or are legally authorised to use any intellectual property accessible through such links.
3. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
TRANSACTIONS CONCLUDED THROUGH OUR SITE
1. 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 are 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.
OUR LIABILITY
1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. We will use our reasonable endeavours to maintain the site. The site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the site because of a failure, suspension or withdrawal of all or part of the site for any reason.
2. We will use reasonable endeavours to verify the accuracy of any information that we make available either directly or through any third parties wherever practical however we are not in a position to ensure the complete accuracy of information that can often change such as for instance opening times, dates of performances, schedules and current prices and we strongly recommend that prior to relying on information made available through the site, such information where capable of change is confirmed with the applicable venue, facility or service provider.
3. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
  - All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
  - Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
4. The site is provided on an "as is" and "as available" basis for your information and personal use only without any representation or endorsement. To the maximum extent permitted by law, we exclude all representations and warranties including any implied warranties of satisfactory quality, fitness for purpose, non-infringement, compatibility and accuracy of our site. We do not guarantee the timeliness, completeness or performance of our site or any of the content. While we try to ensure that all content is correct at the time of publication, we are not responsible for any errors, omissions or inaccurate content of our site.
5. Nothing in these terms and conditions excludes or limits in any way our liability:
  (a) For death or personal injury caused by our negligence;
  
  (b) Under section 2(3) of the Consumer Protection Act 1987;
  
  (c) For fraud or fraudulent misrepresentation; or
  
  (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
6. If you have any queries or concerns relating to our site or the services on it then please address these to us at the following email address info@culturewhisper.com.
WRITTEN COMMUNICATIONS
1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
NOTICES
1. All notices given by you to us must be given to Culture Whisper Ltd at info@culturewhisper.com. 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.
TRANSFER OF RIGHTS AND OBLIGATIONS
1. The contract between you and us is binding on you and us and on our respective successors and assigns.
2. 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.
3. 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.
OUR SITE CHANGES REGULARLY
1. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
EVENTS OUTSIDE OUR CONTROL
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  (a) Strikes, lock-outs or other industrial action.
  
  (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  
  (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  
  (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  
  (e) Impossibility of the use of public or private telecommunications networks.
  
  (f) The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
1. We process information about you in accordance with our privacy policy . By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
VIRUSES, HACKING AND OTHER OFFENCES
1. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
1. 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.
2. You must not establish a link from any website that is not owned by you.
3. 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
4. If you wish to make any use of material on our site other than that set out above, please address your request to info@culturewhisper.com.
WAIVER
1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with condition 9.
SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
ENTIRE AGREEMENT
1. 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.
2. 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.
3. The other party's only liability in relation to these representations, undertakings or promises will be for breach of contract.
4. Nothing in this clause limits or excludes either partys liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
LAW AND JURISDICTION
1. 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.
YOUR CONCERNS
1. If you have any concerns about material which appears on our site, please contact info@culturewhisper.com.
  Thank you for visiting Culture Whisper Ltd.