INTRODUCTION

These terms of use (Terms) set out the terms of licence and use that apply to our website www.artscard.org.uk (Website) and those applications for use on mobile devices (such as mobile phones, tablets and other devices), including any updates to those applications, that we make available for download from our Website or from any third party application store (Application) (together Website and Application shall be referred to as Sites).

These terms and conditions also apply to any of the services accessible through the Sites, unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.

The Sites are provided by Creative Sector Services C.I.C. (trading as Creative United) (we, us and our). We are a Community Interest Company, registered in England and Wales. Our registered company number is 08280539, and our registered office is at 10 Queen Street, London, EC4R 1BE. We are regulated by the Financial Conduct Authority.

BY DOWNLOADING, ACCESSING AND/OR USING THE SITES, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change the terms of these Terms from time to time by changing them on the Website and notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Application. These terms and conditions were last updated on 12 October 2015.

WHAT WE DO

ArtsCard is the UK's first employee benefit programme to focus exclusively on promoting attendance and engagement in arts and culture. The opportunity to access the programme is restricted to the employees of companies that choose to subscribe to the service ("Employer Partners").

The programme is delivered via an App and Web platform to registered users ("Employees") who are given access to exclusive, added-value and discount offers provided by a wide range of arts and cultural organisations (our "Arts Partners").

Access to the Sites is only granted to Employees of our Employer Partners. Employees must either be directly employed by an Employer Partner or be the employees of a company that the Employer Partner has a formal relationship with and on whose behalf they have chosen to take out a subscription for the ArtsCard service.

If you cease to be an Employee of an Employer Partner or if your employer ceases to be one of our Employer Partners access to the Sites will automatically cease.

ACCESS TO THE SITES

The Sites may only be downloaded (in the case of the Application), accessed and used on a device owned or controlled by you and running the relevant operating system for which the Sites were designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download and access the Sites.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to access and in the case of the Application, download to that device. You accept responsibility, in accordance with these Terms for all access to, and use of, the Sites by you on any device, whether or not it is owned by you.

You acknowledge that the mobile internet service provider or service provider for the device to which you download (in the case of the Application), or on which you access or use, any Application may charge for internet access (including mobile data usage).

When you download the Application or access the Website for the first time you will be asked to provide certain information about yourself which will include your email address and details about your Corporate Partner. If you do not provide the information requested you will not be able to use the Application.

You must ensure that all registration details you provide to us are accurate, including the information you provide about your employer. If any information you provide proves to be inaccurate or we are unable to verify that you are an employee of the relevant Corporate Partner, we will without notice to you have the right to terminate your access to the Sites.

If you choose, or you are provided with, a log-on ID (such as a PassKey, username and password or other identifier) for accessing or using the Sites, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware.

We reserve the right to disable any log-on ID, at any time, if in our opinion you:

  • have failed to comply with any of the provisions of these Terms; or
  • if any details you provide for the purposes of registering as a user proves to be false; and
  • if you cease to be an employee of one of our Employer Partners.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Sites or that the Sites will respond at a certain speed (since this depends on a number of factors outside our control).

WHAT YOU ARE ALLOWED TO DO

You may only use the Sites for non-commercial, personal use, and only in accordance with these Terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download (in the case of the Application), or on which you access or use, the Sites) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the Sites on a computer or mobile device and store them in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the Sites and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do

Except to the extent expressly set out in these Terms, you are not allowed to:

  • republish, redistribute or re-transmit any Application or any pages or content of the Website;
  • copy or store any Application or page of the Website other than for your use as permitted by these Terms and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store the Sites on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Sites;
  • remove or change any content of the Sites or attempt to circumvent security or interfere with the proper working of the Sites or any servers on which it is hosted;
  • use the Sites in a way that might damage our name or reputation or that of any of our affiliates; or

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

To do anything with the Sites that is not expressly permitted by these Terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these Terms.

THIRD PARTY PLATFORM PROVIDERS AND APPLICATION STORES

Certain third party platform providers with whose devices and/or operating systems the Application have been designed to be compatible oblige us to include certain additional provisions in these Terms. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download any Application. We are not responsible for these stores or (with the exception of the Application) for anything provided by them and do not guarantee that they will be continuously available.

INTELLECTUAL PROPERTY RIGHTS

We license, but do not sell, to you the Sites you download and/or access. We remain the owners of the Sites at all times.

All intellectual property rights in the Sites and in any content of any of the Sites (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) Terms are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading and/or accessing the Sites or any content from any of the Sites.

FUNCTIONALITY AND CONTENT

You agree that downloading, accessing and use of the Sites that is made available free of charge are on an 'as is' and 'as available' basis and at your sole risk.

We reserve the right to change the design, features and/or functionality of the Site by making the updated Sites available for you to download or, where your device settings permit it, by automatic delivery of updates or being available when you next log in. You are not obliged to download any updated Application, but we may cease to provide and/or update content to prior versions of Applications and, depending on the nature of the update, in some circumstances you may not be able to continue using an Application until you have downloaded the updated version.

Where the Sites make content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the Sites, with or without notice to you, if we need to do so for security, legal or any other reasons.

Whilst we try to make sure that content made available through the Sites consisting of information of which we are the source is correct, you acknowledge that certain content is made available on the Sites from a number of sources, for which we are not responsible. In all cases, information made available by us or the Sites is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as expressly set out in these Terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Sites and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the Sites.

We cannot and do not guarantee that the Sites or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Sites and its content.

YOUR PERSONAL INFORMATION

Use of your personal information submitted to us is governed by our Privacy and Cookies Policy. Additionally, by using the Sites, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the Sites may be read or intercepted by others.

EXTERNAL LINKS

The Sites may include links to external sites including those of our Arts Partners, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available.

OUR LIABILITY

Nothing in these Terms shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation; or
  • for any other liability that may not, under English law, be limited or excluded.

Subject to this, if you are a consumer and not a business user, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £50 if the Sites were made available free of charge.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

GENERAL

You may not transfer or assign any or all of your rights or obligations under these Terms.

All notices given by you to us must be given in writing to the address set out at the end of these Terms.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.

These Terms may not be varied except with our express written consent.

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of these Terms may be concluded in the English language only and that no public filing requirements apply.

These Terms shall be governed by English law, and you agree that any dispute between you and us regarding them or the Sites will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

CONTACTING US

Please submit any questions you have about these Terms or any problems concerning the Sites by email to enquiries@artscard.org.uk