SaatchiStore.com General Terms & Conditions
Your access to and use of www.saatchistore.com ("the Site"), the content, information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials published on the Site (“the Content”) and the services from time to time made available at or through the Site (“the Services”) is governed by the following general terms and conditions, the Privacy Policy and any additional terms and conditions referred to below or published on the Site from time to time (collectively referred to as "the User Agreement").
The Site is owned by Conarco Limited on behalf of the Saatchi Gallery. The Site is operated by a services provider appointed by Conarco Limited, Culturelabel Limited, who provide the technology for the Site and are responsible for its functionality. Conarco Limited, Culturelabel Limited and any of their contractors, affiliates and partners involved in providing the Site or the Services are referred to in this User Agreement as "we", "us" or “our”. You are referred to in this User Agreement as "you" or a “User”. Please read the User Agreement carefully. If you have any queries regarding the User Agreement please email us at feedback@culturelabel.com
1 Eligibility to use the Site
1.1 By using the Site and, where applicable, by registering as a Registered User (as defined in section 4.1 below) you warrant to us that you have the right, authority and capacity to agree to and to abide by the User Agreement and that you agree to and will at all times abide by the User Agreement.
1.2 You must not use the Services if we have terminated any part of the User Agreement with you or if your registration has been terminated or your use of the Services has otherwise been terminated pursuant to the User Agreement.
1.3 If you are under the age of 18, a parent or guardian will need to supervise your access to and use of the Site and the Services.
2 Term
The User Agreement takes effect from your first use of the Site and will continue to apply at all times while you use the Site or while you remain a Registered User (if applicable). Some of the provisions remain in force after you have ceased to use the Site or after termination of your Registered User account and/or the User Agreement.
3 Use
3.1 By viewing the Site or registering as a Registered User you will be deemed to have accepted the User Agreement insofar as it applies to such use. If you do not accept the same, you must immediately stop using the Site. If you would like to order products through the Site you will be required to click on the button marked "I Accept" at the end of these General Terms and Conditions in order to do so.
3.2 Viewing the public pages of the Site is free. We do not currently charge fees for registration as a Registered User.
3.3 By placing an order for products through the Site as an individual, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.
3.4 By placing an order for products through the Site as a business entity, you warrant and represent that you have the authority to legally bind that entity.
3.5 You warrant that all data provided by you on the Site is honest, truthful and accurate.
3.6 Sections 3.3 to 3.5 shall remain in effect after you cease to use the Site and/or termination of the User Agreement.
4 Registered Users
4.1 In order to enjoy the following Services you must create an account and become a "Registered User". As a Registered User you will be entitled to:
(a) receive general email updates;
(b) receive personalised email(s);
(c) view your purchase history and current order status;
(d) personalise certain areas of the Site; and
(e) enter into competitions and take advantage of special offers which may be offered from time to time at our sole discretion.
4.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party or allow any third party to access or use your Registered User account except, if you are a business entity, to your authorised representatives. You will be responsible and liable for any activity carried out on the Site under the use of your user identification code or password. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of the User Agreement or if the Site becomes unavailable for any reason. You will immediately notify us of any unauthorised use of your password or account or any other breach of security.
4.3 You will inform us immediately of any changes to the information that you provide in any application to become a Registered User.
4.4 You may terminate your Registered User account at any time by sending a notice to us at the address set out in section 19 below. Account closure cannot be made retrospectively.
5 Information about us
5.1 Conarco Limited is a company registered in England and Wales under number 02127980, whose registered office is at 15 Carlisle Road, Colindale, London NW9 0HD.
5.2 The Saatchi Gallery is situated at Duke of York's HQ King's Road London SW3 4SQ.
5.3 Culturelabel Limited is a company registered in England and Wales under number 06524777, whose registered office is at 16 Bondgate Without Alnwick, Northumberland NE66 1PP.
6 Information about you and your visits to the Site
Conarco Limited does not sell or rent your personal information to third parties for their marketing purposes without your express consent. We process information about you in accordance with our <a href="/privacy">privacy policy</a>. For a fuller description of how we use and protect your personal information see our privacy policy.
7 Accessing the Site and the Services
7.1 We reserve the right in our discretion to withdraw or amend the Site or any of the Services at any time without notice.
7.2 We will endeavour to keep any disruptions to the Site or the Services to a minimum, however, we will not be liable in any circumstances if for any reason the Site or any part or parts of the Site or any or all of the Services is / are unavailable.
7.3 We may revise the User Agreement, or any part or parts of it, by posting the amended User Agreement on the Site. Save as set out in section 7.4, changes to the User Agreement will take effect from the date that the amended User Agreement is posted on the Site. You should check these pages regularly as by making continued use of the Site the updated User Agreement will be binding on you.
7.4 In the event that we revise the User Agreement after you have placed an order through the Site, you will be subject to the User Agreement in force at the time you placed such order (unless a change is required to be made by law or governmental authority or if we notify you of the change(s) made before we send you a Dispatch E-mail (as defined in section 9.5 below) in respect of your order in which case we will assume that you have accepted the change(s) to the User Agreement. If you do not agree to any such change(s) your sole remedy is to cease using the Site and (if applicable) cancel your Registered User account.
7.5 We restrict access to certain areas of the Site and / or the Services to Registered Users.
7.6 You are responsible for making all arrangements necessary for you to have access to the Site. If any other person accesses the Site and / or uses the Services through your internet connection you will be responsible for any use they make of the Site including any failure by those persons to comply with the User Agreement.
8 Acceptable use
8.1 You may use the Site and the Services only for lawful purposes and as permitted by the User Agreement. Without limiting the foregoing, you shall not use the Site or the Services:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm any person (including without limitation any minor) or entity in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with this User Agreement;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
(f) to transmit any data, send or upload any material that contains any virus, trojan horse, worm, time-bomb, keystroke logger, spyware, adware or any other harmful programs or similar computer code which does or which is designed to adversely affect the operation of any computer software or hardware;
(g) to harvest or otherwise collect any Registered User’s or other User’s email address;
(h) to circumvent or modify, or to attempt to circumvent or modify, or to encourage or assist any other person in circumventing or modifying any security technology or software;
(i) to cover or obscure any advertisements on any page on the Site via HTML/CSS or any other means;
(j) to make any automated use of the system, including but not limited to, using scripts to send comments or messages;
(k) in a manner which interferes with, disrupts, or creates any undue burden on the Site or the Services or any of the computers, networks or services connected to the Site;
(l) in a manner which impersonates or attempts to impersonate any person or entity;
(m) by using the account, username, or password of any other Registered User at any time;
(n) to use any information obtained from the Site or via the Services in order to harass or abuse another person or entity, or to attempt to do the same;
(o) to perform or accept payment or anything of value from a third person in exchange for performing any commercial activity through the unauthorised or impermissible use of the Services on behalf of that person or otherwise; or
(p) in any way that is in breach of the User Agreement.
8.2 You agree:
(a) not to reproduce, duplicate, copy or re-sell any part of the Services in contravention of this User Agreement;
(b) not to access without authority, interfere with, damage or disrupt:
(i) the Site or any part of the Services;
(ii) any equipment, network or server on which the Site is stored;
(iii) any software used in the provision of the Site or the Services; or
(iv) any equipment or network or software owned or used by any third party connected to the Site; and
(c) not to attach the Site via a denial-of-service attack or distribution denial-of-service attack.
8.3 You must comply with the spirit of the following standards in relation to any Content which you contribute to the Site or which you otherwise upload, post or transmit using the Site (“Contribution”) and to any of the Services as well as the letter. The standards apply to each part of any contribution as well as to its whole. Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable law in the UK and in any country from which they are posted and from which they might be accessed.
8.4 The following are examples of the kind of Content that is illegal or that is prohibited to be posted on the Site or through the Services. Prohibited Content includes, but is not limited to Content that we believe, in our sole discretion:
(a) contains any material which is defamatory or libellous of any person;
(b) contains any material which is obscene, offensive, hateful or inflammatory;
(c) contains or promotes sexually explicit material;
(d) contains a link to an adult website;
(e) promotes violence;
(f) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(g) breaches any laws, sells or advertises any counterfeit items or infringes any IP Rights (as defined in section 10.3 below) of any other person or entity;
(h) contains information which you know or suspect is false or misleading or information which is likely to deceive any person;
(i) solicits or seeks to solicit personal information from anyone under the age of 18;
(j) is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(k) promotes any illegal activity;
(l) is threatening, abusive or invasive of another’s privacy;
(m) creates a security risk to anyone;
(n) is likely to harass, upset, embarrass, alarm or annoy any other person or cause annoyance, inconvenience or needless anxiety;
(o) impersonates any person, or misrepresents your identity or affiliation with any person or entity including us;
(p) involves the transmission of “junk mail”, “chain letters” or unsolicited mass mailing, instant messaging, “spimming” or “spamming”;
(q) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(r) solicits passwords or personal identifying information for commercial or unlawful purposes from Registered Users or other Users;
(s) includes a photograph or video of another person that you have posted without that person’s consent;
(t) violates the privacy rights or publicity rights, contract rights or any other rights of any person or entity;
(u) advocates, authorises, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse;
(v) promotes propaganda and / or symbols of organisations which are unconstitutional or illegal; or
(w) breaches the User Agreement.
8.5 We reserve the right to investigate and take appropriate action against anyone who we believe, in our sole discretion, to be violating the provisions of this User Agreement and/or the law (including, without limitation, the Computer Misuse Act 1990), including without limitation, by removing an offending Contribution from the Site, terminating the access to the Site or Registered User account of such violators and reporting any breach to the law enforcement agencies.
8.6 If you believe that your IP Rights have been violated by any Content, please provide us with details and we will take whatever action in our sole discretion we deem appropriate which may include the removal of such Content from the Site.
8.7 We have no ability to control any Contribution that is uploaded, posted or otherwise transmitted on the Site. We do not have any obligation to monitor Contributions for any purpose.
8.8 We do not endorse any content or any opinion, recommendation, rating, advice or product association expressed in any Contribution uploaded, posted or otherwise transmitted using the Site and you agree to waive and do waive any legal other rights or remedies you have or may have against us with respect thereto.
8.9 We will not (subject to paragraph 12.1 below) 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 the Services or to your downloading of any Content posted on it, or on any website linked to it.
8.10 Failure to comply with this section 8 constitutes a material breach of the User Agreement and may result in our taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal or termination of your Registered User status, or right to use the Services or some or all of them;
(b) immediate, temporary or permanent removal of any Contribution uploaded, posted or otherwise transmitted by you to the Site;
(c) the issue of a warning to you;
(d) legal proceedings against you including for reimbursement of all costs on an indemnity basis (including, but not limited to, all administrative and legal costs) resulting from the breach; and
(e) disclosure of such information to law enforcement authorities and, where appropriate in connection with a claim for infringement of any IP Rights, to the lawyers acting on behalf of the owner of the IP Rights concerned as we reasonably feel is necessary.
8.11 We exclude liability for actions taken by us in response to any breach of this section 8 (subject to section 12.1). The responses described in this section 8 are not limited, and we may take any other action we reasonably deem appropriate.
8.12 Section 8 shall remain in effect after you cease to use the Site and/ or after termination of the User Agreement.
9 Specific terms relating to product orders, purchases and returns
9.1 When we advertise a product for sale on the Site, we are not offering to sell that product. Instead, we are inviting you to make an offer to buy the product from the supplier who is advertising that product on the Site (including the Saatchi Gallery) (“Supplier”). We will provide you details of which Supplier is involved in a transaction and we may disclose your customer information relating to that transaction to the Supplier.
9.2 If you wish to purchase certain products advertised on the Site, you may be redirected to the Supplier’s website and any transaction that you enter into with the Supplier will not involve us in any way. Other products may be available for order through the Site. The remainder of this section 9 deals with such orders.
9.3 All orders placed through the Site will be subject to:
(a) either our or the Supplier’s acceptance of the order, as relevant;
(b) any additional terms and conditions imposed by the Supplier; and
(c) all products are sold subject to availability.
9.4 When you place an order to purchase a product from the Site, we will send you an e-mail confirming receipt of your order and containing the details of your order, including details of the Supplier, if relevant. Your order represents an offer to the Supplier to purchase a product and the email that we send to you confirms receipt of your order. It is not an acceptance of the order by either us or the Supplier.
9.5 If a Supplier wishes to accept your order, we will send subsequent e-mail confirmation to you confirming this and that your goods have been dispatched to you (the "Dispatch E-mail"). The contract between you and the Supplier will be formed at the time we send the Dispatch E-mail to you. Any products on the same order which have not been confirmed in a Dispatch E-mail to have been dispatched do not form part of that contract, but will form part of a separate contract once the dispatch of such products has been confirmed in a separate Dispatch E-mail.
9.6 The following terms will apply to the contract between you and the Supplier for the sale of a product:
(a) when you place your order and before acceptance of it has occurred you will be required to enter full payment details for the product via our secure online checkout process and to provide such information as may be required by the terms and conditions of our online payments provider;
(b) all postage, customs and excise duty, VAT and any other taxes associated with the sale (where applicable) will be paid by you and it the Supplier’s responsibility to determine, collect and remit the same, and all prices will be inclusive of any applicable VAT; and
(c) you are required to pay for the product in the currency listed on the Site which is usually pounds sterling.
9.7 The Site, the Services and this User Agreement have been designed for use within the UK. Whilst Suppliers may consider orders from outside the UK, we give no warranty, express or implied, that the Site, the Services or the placing of any order through the Site from outside England and Wales complies with any applicable non-England and Wales laws or regulations. Furthermore, the Suppliers may refuse any order at their discretion from overseas customers and will have no obligation to provide you with any reasons for refusing an order.
9.8 Since some products are sold by Suppliers located internationally, or if a Supplier agrees to ship a product to you outside of the UK, you may be subject to local tax / import duties, if the product is being shipped from outside your specified delivery country. We state each Supplier's country in the “Product Detail” page before you place an order, so that you can determine whether you would like to proceed. You will be responsible for the payment of any local tax / import charges. Please note that we have no control over these charges and cannot predict their amount. If you are in any doubt we recommend you check with your local Customs & Excise Office before placing your order. When receiving products from a Supplier, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products.
9.9 It is your responsibility to check upon ordering the item that the Supplier ships to your country, and the cost of this, which varies between each Supplier. Dispatch and delivery times vary according to the product and between each Supplier. It is your responsibility to check these time scales when placing your order.
9.10 The Supplier will aim to deliver your order by the date set out in the Dispatch E-mail, however Dispatch estimates are not guaranteed dispatch times and should not be relied upon as such. As the Supplier processes your order, it will inform you by e-mail if any products you order turn out to be unavailable.
9.11 We use sophisticated technology in both running the Site and in sourcing products. Very occasionally there may be times when obvious errors occur, for example when a price, product, service or other detail displayed or presented on the Site is incorrect. In this case Suppliers reserve the right to cancel (or agree an amendment with you in respect of) any contract entered into between you and a Supplier which contains such a mistake. This will be without any liability to you.
9.12 As we act only as a facilitator in your contract with a Supplier this will mean that we have no contractual liability to you in respect of the purchase of a product, save as set out in the terms and conditions relating specifically to the sale of Saatchi Gallery products. We are not responsible for examining or evaluating and we do not warrant or endorse any products sold through the Site by Suppliers other than the Saatchi Gallery, and we do not give any undertaking that any such products are of satisfactory quality and any such warranties are disclaimed by us absolutely. This does not affect your statutory rights against the Supplier. If there is a problem with a product or if you require a refund then your contractual remedy will be against the relevant Supplier. When ordering a product, it is your responsibility to review and ensure you are in agreement with any terms and conditions and policies notified to you by a Supplier.
9.13 We want you to be completely happy with any product purchased through the Site. You can return any unused product to a Supplier within 28 days of receiving it, and a refund or replacement will be issued to you within 28 days of the Supplier's receipt of the returned product. If you are not happy with your purchase, if it is defective, gets damaged in transit, or if it becomes faulty, please email us at returns@culturelabel.com and we shall provide you with details on how to return it direct to the Supplier. For hygiene reasons, earrings for pierced ears cannot be returned. If you order a product as a consumer and cancel your contract with a Supplier within seven working days beginning on the day after you receive the product, the the cost of sending the product to you, but not your costs in returning it, will be refunded. If you return a product because it is defective, damaged in transit, incorrectly supplied or develops a fault, both the cost of sending the product to you and your costs in returning it will be refunded. In all other cases, you will need to cover the cost of returning the item. We strongly recommend you obtain proof of postage (free from the Post Office) as neither we nor the Suppliers can accept responsibility for products lost in the post. This does not affect your statutory rights.
10 IP Rights in the Site and the Content
10.1 Subject to paragraph 10.2 below, Conarco Limited is the owner or the licensee of all IP Rights in, relating to and in connection with the Site and the Services and, subject to sections 10.2 and 10.9 below, the Content, including without limitation our brand names, trademarks, logos, devices and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to us.
10.2 The Suppliers are the owners or licensees of all IP Rights in, relating to and in connection with their products or services and in the Content connected with or published on the Site relating to such products or services and including without limitation their brand names, trademarks, logo(s), device(s) and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to the Suppliers.
10.3 For the purposes of the User Agreement "IP Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trade marks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist now or will subsist in the future in any part of the world.
10.4 You may print off one copy only, and may download one-time only extracts, of any page(s) from the Site for your personal reference only. You will not sell, license, rent, modify, print, copy, reproduce, download, transmit, distribute, publicly display, publicly perform, publish, edit, adapt, compile, or create derivative works from any Content appearing on the Site (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories).
10.5 You must not make any further copies nor must you modify the paper or digital copies of any Content you have printed off or downloaded in any way without our express written permission, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
10.6 Our status (and that of any identified contributors) as the authors and copyright owners or licensees of Content on the Site must always be acknowledged.
10.7 You must not use any part of the Content on the Site for commercial purposes without obtaining our (or our licensors’ where applicable) prior written consent to do so.
10.8 If you print off, copy or download any part of the Site in breach of the User Agreement, your right to use the Site will cease immediately and you must at our option return or destroy any copies of the Content you have made. We reserve all of our remedies at law including, but not limited to, seeking injunctions or other equitable relief and/or damages for any breach of the obligations in this section.
10.9 Whilst we do not claim to own any rights in any Contribution (which is not owned or controlled by us), uploaded, posted or otherwise transmitted by you on the Site, you hereby grant to Conarco Limited a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and licence to use, reproduce, modify, adapt, perform or show in public, communicate to the public, distribute, transmit, broadcast and otherwise exploit such Contribution in any manner and in any medium known now or in the future including without limitation on the Site and any third party websites. You agree to waive your right to be identified as the author of such Contribution and your right to object to derogatory treatment of such Contribution.
10.10 You represent and warrant that you own or have the necessary licences, rights, consents and permissions to grant the rights granted to us.
10.11 Conarco Limited shall own all rights, title and interest in an to any compilations of any Content uploaded, posted, or otherwise transmitted by you to us on the Site including all worldwide IP Rights therein.
10.12 Section 10 shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
11 Information on the Site
11.1 Content, including, without limitation, commentary and recommendations posted on the Site is not intended to amount to advice on which reliance should be placed. In particular, we cannot guarantee the accuracy, integrity or quality of the Content provided by Suppliers or of Contributions. Any of the Content on the Site may be out of date at any given time, and we are under no obligation to update such Content. We therefore disclaim all liability and responsibility arising from any reliance placed on Content by any User, or by anyone who may be informed of any of the Content.
11.2 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.
11.3 Section 11 shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
12 Liability
12.1 Nothing in this User Agreement shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
12.2 Save as otherwise set out in this User Agreement or in the terms and conditions relating specifically to the sale of Saatchi Gallery products, to the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any 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, and any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Site or the Services or in connection with the use, inability to use, or results of the use of the Site or the Services, any websites linked to the Site and any Content posted on it, including, without limitation any liability for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits or contracts;
(iv) loss of anticipated savings;
(v) loss of data;
(vi) loss of goodwill;
(vii) wasted management or office time; and
(viii) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.3 You will not hold us responsible for other User, member or third party actions or inactions.
12.4 Save as set out in the terms and conditions relating specifically to the sale of Saatchi Gallery products, we have no control over, do not guarantee or warrant, and you will not hold us responsible for:
(a) the quality, safety or legality of products supplied by Suppliers;
(b) the truth or accuracy of recommendations, referrals or Contributions;
(c) the truth or accuracy of any other Content;
(d) the ability of Suppliers to sell or supply products; or
(e) whether a Supplier will actually complete a transaction, and
you should not assume that the offer or sale of any product is valid and / or legal simply because it is listed or recommended on the Site.
12.5 Where you buy a product through the Site, the Supplier’s liability will be set out in the Supplier’s policies, terms and conditions.
12.6 You agree to indemnify and hold us harmless from any losses or costs (including all legal fees) we incur arising directly or indirectly from your use of the Site and / or the Services, any breach or alleged breach by you of the User Agreement or any representations or warranties made in the User Agreement or that you have given during any application process to become a Registered User.
12.7 Section 12 shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
13 Linking to the Site
13.1 You may link to our home page, provided that in each case you do so in a way that is fair and legal and does not damage our reputation or take advantage of it and provided also that any website or location to which you link complies in all respects with the User Agreement. Links to or from any other parts of the Site are not permitted without our prior written consent.
13.2 You must not:
(a) establish a link in such a way as to suggest any form of association, approval or endorsement on the part of us or any Supplier without our prior written approval;
(b) establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or
(c) take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or the Services as seen by Users linking to the Site to be different from that seen by Users who access the Site by hand-entering the applicable URL into a generally commercially available non-customised browser. Without limitation to the foregoing, you must not frame any part of the Services on any other website.
13.3 If you wish to make any use of Content on the Site or if you wish to establish links other than as set out above, please address your request to feedback@culturelabel.com.
13.4 We reserve the right to withdraw linking permission without notice at our sole discretion.
13.5 Section 13 shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
14 Links from the Site
14.1 Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We do not monitor those other sites or any of the resources provided by third parties and further 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.
14.2 You should also be aware that the User Agreement does not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.
14.3 Section 14 shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
15 Suspension and Termination
15.1 We may at our option terminate or restrict your access to the Site or some or all of the Services without prior notice to you in the following circumstances:
(a) where we consider (in our sole discretion) that you are abusing the Site, the Services or other members or Users or where you are acting in breach of the User Agreement;
(b) where there is a regulatory or statutory change limiting the ability to provide access to the Site or the Services; or
(c) where there is an event beyond our reasonable control preventing us from providing access to the Site or the Services.
15.2 We will not be liable or responsible for any delay or failure to perform our obligations under the User Agreement that is caused by events outside of our reasonable control.
16 General
16.1 Any failure or delay by us in enforcing compliance with the User Agreement shall not be a waiver of that or any other provision.
16.2 If any provision of the User Agreement is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.
16.3 Save as may be contemplated by the User Agreement, a person who is not a party to the User Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of the User Agreement but this does not affect any right or remedy of a third party specified in those documents or which exists or is available apart from that Act.
16.4 No agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created by the User Agreement.
16.5 In our sole discretion we may assign the rights or obligations under the User Agreement to a third party by giving you notice in accordance with section 19 below (but without your express consent). You may not assign your rights or obligations under the User Agreement.
16.6 The headings in the User Agreement are for reference purposes only and do not limit the scope or extent of the User Agreement.
16.7 Section 16 shall remain in effect after you cease to use the Site and/or after termination of the User Agreement.
17 Entire Agreement
The User Agreement constitutes the entire agreement between us and you as to your use of the Site and the Services.
18 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 the User Agreement in your country of residence or any other relevant country. The User Agreement 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) shall be governed by and construed in accordance with the law of England and Wales.
19 Your concerns, complaints and notices
19.1 If you have any concerns about Content which appears on the Site or complaints about or relating to the Site, the Services, or the products, please contact feedback@culturelabel.com. If your concern or complaint relates to a product purchased on the Site, we will forward the same to the relevant Supplier who will deal with your concern or complaint.
19.2 When using the Site you accept that any communications with us will be mainly electronic and you agree that such electronic communications will satisfy any legal requirement that such communications be in writing. Any notices to be given by either you or us pursuant to or in connection with the User Agreement shall be deemed sufficiently given by us to you when posted on the Site, forwarded by e-mail or facsimile transmission in each case addressed to you at the e-mail address or facsimile number you have given to us in your application to become a Registered User, or such other email address as you may later provide to us, and when given by you to us at the following e-mail address: feedback@culturelabel.com. Notice will be deemed received and properly served immediately when posted on the Site, or 24 hours after an e-mail or facsimile is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail or facsimile, that such e-mail or facsimile was sent to the specified e-mail address or fax number of the addressee.