Terms and Conditions
ACCESSING THE SITE
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice (see below). We will not be liable if for any reason the Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Site, or the entire site, to users who have registered with us.
When using the Site, you must comply with the provisions of our acceptable use policy.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference. You must not 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. Our status (and that of any identified contributors) as the author of material on the Site must always be acknowledged.
You must not use any part of the materials on the Site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; and wasted management or office time,
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for any liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse the 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 the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
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 the Site will cease immediately.
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 the Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to the home page of the Site, 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 the Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must contain any material which is unlawful, defamatory, obscene, threatening or otherwise likely to offend any person or which infringes any right of any person.
If you wish to make any use of material on the Site other than that set out above, please address your request to us using our “Contact Us” form.
LINKS FROM OUR SITE
Where the 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.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on the Site, please contact us using our “Contact Us”.
1) The "Customer" means the party commissioning the provision of service.
2) The "Contractor" means and refers to Urban Element Design Solutions Limited.
3) The "Contract" means the agreement between the Customer and the Contractor for the provision of development work or service.
4) This Contract represents the entire agreement between the parties. Each party warrants to the other party that has not relied on any representation not recorded here, which has induced it to enter into this Contract.
5) No amendments to this Contract will be valid unless made in writing and signed by all the parties hereto.
6) The development works specified in the Contract will be undertaken on the basis of specific representations and information supplied by the Customer to the Contractor and the Contractor shall not be responsible for any errors, omissions or other failures in the performance of the said work arising from the provision of incorrect or incomplete information by the Customer. The Customer acknowledges that where incorrect or incomplete information has been provided, additional work may be required by the Contractor for which a reasonable additional fee may be payable.
7) Where the Customer is a corporate body, the Contractor undertakes the work on the basis of an implied undertaking that each of the directors and shareholders of the Customer will indemnify the Contractor for all fees, costs and other charges which for any reason are not paid by the Customer under the terms hereof.
8) The Customer acknowledges that all information in this Contract and which arises as a result of the work undertaken hereunder is confidential and belongs to the Contractor and shall not be disclosed in whole or in part, directly or indirectly to any party without the prior written approval of the Contractor.
9) The Customer undertakes to provide all necessary authorities to third parties to enable the Contractor to perform the whole of the works required under the Contract.
10) The liability of the Contractors in contract, in tort or otherwise arising in connection with the work undertaken under the Contract shall be limited to 10 times the fee rendered for the specific assignment, which has been paid in accordance with the terms hereof.
11) Without prejudice and in addition to all other rights and remedies which may arise from any breach of this Contract, in the event that this Contract is terminated for whatever reason prior to the work being completed by the Contractor, the Contractor shall be entitled to retain the 50% deposit paid on the commencement of the Contract and shall be entitled to such reasonable additional amount of the total charge as corresponds to the work completed in addition to any other payments or compensation which is appropriate under the circumstances.
12) All prices referred to in the Contract are exclusive of Value Added Tax.
13) In the event that any of these terms and conditions or any part of the terms and conditions is judged illegal or unenforceable for any reason the continuation in force of the remainder of these terms and conditions will not be prejudiced.
INFORMATION WE MAY COLLECT FROM YOU
We may collect and process the following data about you:
- information that you provide by filling in forms on our site www.archivesforcreativity.com (the “Site”). This includes information provided at the time of registering to use the Site, subscribing to our newsletter, posting material or requesting further services, completing any surveys or reporting any problem with the Site;
- records of your correspondence (if any) with us;
- details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data and the resources that you access;
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
IP ADDRESSES AND COOKIES
We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve the Site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate. They enable us:
- to estimate our audience size and usage pattern;
- to store information about your preferences, and so allow us to customise the Site according to aggregate preferences;
- to speed up your searches; and
- to recognise you when you return to the Site.
WHERE WE STORE YOUR PERSONAL DATA
All information you provide to us is stored on our secure servers. Where we have given you (or where you have chosen) a password which enables you to access certain parts of the Site, you are responsible for keeping this password confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will use our best endeavours to protect your personal data, we cannot guarantee the security of your data transmitted to the Site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
We use information held about you in the following ways:
- to ensure that content from the Site is presented in the most effective manner for you and for your computer;
- to provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- to carry out our obligations arising from any contracts entered into between you and us;
- to allow you to participate in interactive features of our service, when you choose to do so; and
- to notify you about changes to our service.
We may also use your data to provide you with information about goods and services which may be of interest to you. We will not provide your data to third party advertisers or suppliers. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletter or surveys. We may share your information with those third parties for those limited purposes.
If you do not want us to use your data in this way, please notify us using our “Contact Us” form.
If you have opted in to our mailing list and wish at any time to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or you may unsubscribe via our “Contact Us” form.
DISCLOSURE OF YOUR INFORMATION
We may disclose your personal information to third parties:
- if Urban Element or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers and users of the Site will be one of the transferred assets;
- or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing at any time by contacting us using our “Contact Us” form.
The Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
ACCESS TO INFORMATION
The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.