Terms & Conditions

Introduction

This Creative Mapping website (‘Site’) is owned and operated by Creative Mapping Limited, incorporated in England (company number 07783615 with its registered office at Creative Mapping Ltd, 6 Cresswell Gardens, London SW5 0BJ (the terms ‚us’ ‚our’ and ‚we’ being construed accordingly).

The following terms and conditions (‚Terms of Use’) govern your use of our Site and the purchase of any products (‚Products’) or services (‚Services’) which are made available on our Site.

If you access any information, data, applications, documents, images, video or sound content on this Site (‚Content’); obtain any Products or Services; or register as a member, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to any of these Terms of Use or Privacy Policy please do not use this Site.

Please note that we may update these Terms of Use from time to time without notice, so you should regularly check for the latest version when you access our Site.

Who We Are

Creative Mapping is an on-line creative club dedicated to the creative industries that provides creative professionals and their organisations with international creative interviews of creatives and business and health tools. Other than the Members Area (described below) the Site is available to the public although it is not intended to be used by consumers.

We also operate a specialist Members Area called Members in the Cafe section.On sucessfully registered, you can share knowledge and make connections with other registered creative professional members.

Registration is only available to persons working in the creative industries [and we reserve the right to refuse entry to anyone who does not meet our qualification criteria].

General Rights and Obligations

We agree to provide you with access to our Site and you are granted a limited, non-exclusive right to use the Site in accordance with these Terms of Use. You agree to observe any requirements or restrictions contained in these Terms of Use as well as other legal notices on our Site.

We cannot guarantee that this Site will always be available or error free. Except where we have expressly stated and to the fullest extent legally permitted, any Content is provided with no warranty or representation (whether express or implied by law) as regards satisfactory quality or fitness for a particular purpose. We can also provide no guarantee regarding accessibility of this Site over the internet or using a mobile device.

We may terminate or suspend your access to any Content, Products or Services if you breach any of your obligations under these Terms of Use.

Readers must be of legal age in their given countries to use this site.

Members Area

Where you register [and are accepted] on our Cafe Members Area, you will be provided with log-in details and have the ability to set your own password to allow you access. Where we issue these log-in details and any passwords, it is on the strict condition that you will be responsible for ensuring that these are kept secure and confidential at all times. You cannot share your log-in details or allow anyone else to access the Members Area using your registration.

Without prejudice to our other rights and remedies, we may upon notice suspend your access to our Members Area or any part of our Site without liability, where we have reason to suspect that you have breached these Terms of Use or we are of the reasonable view that such action is necessary to protect the Site or other users of the Site.

Products and Services: Terms & Conditions

Products or Services displayed on our Site are subject to availability and such display does not constitute an offer to sell. To the fullest extent legally permitted, the prices, descriptions and quantities of such Products or Services ordered may be modified or withdrawn at any time prior to us accepting your order. If we have to reject your order due to lack of availability or other reasons beyond our control, we will refund any payment you have made for such order;

Any order by you constitutes your offer to purchase the relevant Products or Services in accordance with these Terms of Use, subject to our acceptance below. Prior to our acceptance, an automatic email acknowledgement of your order may be generated; however this does not constitute our formal acceptance of your offer to purchase. Our acceptance of your order takes effect and a contract in relation to your purchase is concluded at the point where such offer is accepted by us dispatching your Product or commencing delivery of the Services and accepting payment (referred to below as ‚Acceptance’).

You must have capacity to enter into a contract with us and should provide complete and accurate information to allow us to fulfil your order. You should keep a proper record of any order placed for your own information.

Prices payable for Products or Services are those in effect at the time of dispatch or delivery unless otherwise expressly agreed and are exclusive of any applicable VAT, taxes and delivery costs (unless otherwise stated). To the fullest extent legally permitted we have the right any time prior to Acceptance: to amend any price to take account of changes in costs, taxes, duties or exchange rates; and to notify you of any pricing errors prior to dispatch for you to accept or reject.

We may have to restrict the places to which we can deliver Products or Services from time to time due to regulatory restrictions, lack of reasonable access or other reasons.

Payment shall be taken prior to delivery and by such methods as we indicate on the Site from time to time. We reserve the right to verify and clear any payments made prior to Acceptance.

You are responsible for any complying with applicable law and obtaining any necessary licenses, permits or clearances that are legally required to import Products or receive Services in your own territory, at your own expense. You are also responsible for checking and paying any customs duties or taxes which may be levied when any Products are imported into your territory, since we have no control over these.

Delivery timescales and dates specified on the Site or in any order acknowledgement are estimates only. While we always endeavour to meet these estimates, we cannot be liable for any damage caused by delay or failure to dispatch Products or commence Services by a particular time or date.

Title to any product sold to you under these Terms of Use shall not pass to you until we have received payment of the price in full and you shall only hold any Products received, but not paid for, on trust or as agent on our behalf. You are not entitled to resell Products which have not been paid for but if you do, the proceeds of sale of such products will be held on trust for us in a separate account.

You are responsible for checking any Products or Services provided to you on receipt and must notify us without delay if you have any problems with your order or the delivered Products or Services that you have received.

To the fullest extent legally permitted, we will not be liable for any loss or damage arising in connection with your unreasonable delay in informing us of any issue with the Products or Services; improper use of Products or Services (or their use or combination with other products or services which are not supplied by us); or, your recklessness or negligence.

Where we have failed to deliver the ordered Products or Services following Acceptance or we are notified of any defect in delivered Products or Serivces, we will (at our option):

in the case of shortage or failure to deliver, remedy the shortage or re-deliver the relevant Product or Service; repair any Product found to be defective or remedy any Service failure; or refund of any money you have paid in relation to the defective Product or Service.

Products and Services on this Site are are not intended for resale and by purchasing Products or Services on this Site, you are represent and warrant (ot the fullest extent legally permissible) that you are an end-user customer acting in a professional or business capacity only and not as a consumer, acting outside the course of your business.

Software and Intellectual Property

In relation to any Products or Services that include any software (‚Software’), such Software is only licenced to you (and not ‚sold’). Such Software will also be subject to relevant end-user licence terms as notified or provided to you at the time of supply or download. In relation to any Products or Services that are subject to any patent rights, copyright, trade marks, design rights, database rights or other intellectual property rights belonging to us or any third party (whether registered or not) (‚Rights’), those Rights will remain with us or the relevant third party owner and you will be obliged to comply with any licence and other terms & conditions govening use of such Rights as notified from time to time.

Such Rights in relation to any Content made available on this Site belong to us (or our licensors) and except for you having a limited, non-transferrable right to access the Content under these Terms of Use, you acknowledge that you have no right, title or interest in relation to any Content. You must not copy, modify, distribute, broadcast, publicly display, share or make available, rent or lend, republish, frame, provide links to, upload or commercially exploit any Content except as we expressly authorise in writing.

Where you choose to post any personal information on the Site or provide us with information relating to you, from which you can be identified (‚personal data’), such personal data will stored processed and may be shared in accordance with ourPrivacy Policy.

User Generated Content

Where you disclose, supply, post, input or make any information, comments or data available to us, registered users or to the public generally through this Site (User Generated Content) you grant us a worldwide, non-exclusive, royalty free licence to make such User Generated Content available on our Site and to let other users of our Site view such User Generated Content.

You also consent to us processing your data or any third party data (including any personal data) as may be reasonably required for the purposes of us providing Services in accordance with our Privacy Notice.

To the extent that you supply, display, post, input, upload or make available any User Generated Content such User Generated Content must be lawful and not defamatory, offensive, obscene, objectionable or breach of any obligations of privacy or confidence.

You shall not use any social networking facilities, discussion boards or other areas of the Site where User Generated Content may be posted for any illegal or immoral purpose or for any advertising or posting commercial messages.

We do not screen, edit, or monitor User Generated Content prior to its appearance on our Site although we reserve the right to review User Generated Content at our reasonsble discretion.

To the fullest extent permitted by applicable law, we exclude all responsibility and liability for the User Generated Content or for any damages, losses or expenses resulting from you using or viewing such User Generated Content. We reserve the right to remove any User Generated Content which we consider (at our discretion) to be posted in breach of these Terms of Use.

You hereby represent and warrant that you have all necessary rights to disclose or make such User Generated Content available and that making this User Generated Content available on our Site does and will not infringe any Rights of third parties.

In using our Site, you will act lawfully and not abuse, threaten, harass, ridicule, stalk or impersonate other users or act in any way likely to cause offence or annoyance. You will not act in any way that interrupts or disrupts our services or which, in our reasonable opinion, has or is likely to have an adverse impact on our reputation.

Disclaimers and Exclusions

You acknowledge and accept that:

Content appearing on this Site is provided for general guidance only. It is not intended to constitute professional advice and may not always meet your own particular requirements.

you have full responsibility for how you choose to use any Content and the results obtained from such use.

although we use reasonable efforts to check Content, we cannot accept any liability for any omissions or errors in any Content or in relation to any Content being out of date.

we cannot be liable where this Site and any Content is not accessible or available due to technical issues, problems with the internet and other reasons beyond our control;
on occasion, we may also update or make other changes to this Site and any Content as we deem appropriate;

you assume full responsibility for for backing up your data, adopting up to date security software and taking other reasonable measures to protect yourself and your computer or any mobile device (you use to access this Site) against data loss, malware, cyber attack or other threats; and where we provide links to any other third party website this is for information only. Such links are not to be treated as endorsements by us of any business, product or service appearing on such third party websites and we accept no liability for your use of these websites, which will be subject to their own terms & conditions.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE LIABILITY (ON OUR OWN BEHALF AND ON BEHALF OF OUR EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS) FOR ANY:

(INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; AND ANY LOST PROFITS, REVENUE OR ANTICIPATED SAVINGS, LOST BUSINESS, LOST DATA OR ECONOMIC LOSS (WHETHER DIRECT OR INDIRECT) HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

EXCEPT AS EXPRESSLY SET OUT IN THESE TERMS OF USE, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, TERMS OR CONDITIONS IN RELATION TO THE SERVICES OR CONTENT PROVIDED ON THIS SITE (WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR TERMS OF SATISFACTORY QUALITY OR FITNESS FOR PARTICULAR PURPOSE. THIS WILL NOT AFFECT SUCH MANDATORY RIGHTS THAT YOU HAVE UNDER APPLICABLE LAW, TO THE EXTENT THAT THOSE RIGHTS CANNOT BE LIMITED OR EXCLUDED BY CONTRACT.

General Terms

We may assign, transfer or delegate some or all of our rights and obligations under these Terms of Use and in relation to provision the Site. You have no right to assign or sublicense any of the rights granted to you hereunder or transfer any of your obligations without our express permission.

We may also publish additional terms & conditions or policies related to specific services such as in the Cafe Members Area or in relation to specific Content. Your right to use such specific services will be subject to those terms and policies communicated at the time and as well as these Terms of Use and our Privacy Policy.

We cannot be liable for any delays or failure to perform any obligation due to circumstances beyond our reasonable control including, but not limited to, any act of God, war, civil commotion, government action, explosion, fire, flood, adverse weather, accident, trade disputes, breakdown of equipment, interruption of power and in such event we may have no option but to cancel your order and refund any money that you have paid.

Except where expressly indicated on this Site, these Terms of Use supersede and cancel any other agreements or arrangements, whether oral, written or implied by trade, custom or course of dealing. Any contrary express or implied terms & conditions are excluded to the fullest extent permitted by law.

These Terms of Use are subject to English law. To the maximum extent legally permitted, you agree that any dispute relating to your use of the Site or arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of England and Wales and any proceedings in the English language. To the extent that applicable law in your jurisidiction demands that another law, jurisidiction or language must apply (which cannot be excluded under contract) then the foreging requirement in this paragraph shall be disapplied.

If any portion of these Terms of Use are judged by a court of competent jurisidiction to be invalid or unenforceable under applicable law, these Terms of Use will not be affected in other jurisidictions to the extent that such judgement has no application in those jurisidictions and, to the fullest extent legally permitted, the remaining Terms of Use will continue in full force and effect.

Any notices served under these Terms of Use must be in writing either delivered by hand, pre-paid post, fax or email sent to the contact address notified in writing by one party to the other. Such notices shall be considered received:

If hand delivered, on the first working day after the date of delivery;
If posted, five working days after the date of delivery
If by fax, on the date of successful transmission, as evidenced in writing; or
If by email on (whichever is the earliest) of (i) such email being acknowledged by the other party; (ii) a read receipt notice being received by the sender; or (iii) 48 hours having passed after sending, where the sender has had no notice of any problem with transmission.

No relaxation or delay by us in enforcing any of these Terms of Use or the granting of any extension of time by us will prejudice or restrict our right to subsequently enforce them. A waiver of any of these Terms of Use shall not be effective unless it is writing and issued by our authorised representative. Any such waiver will not operate as a waiver in relation to any futher breach of the same term or condition.

If You Need to Contact Us

We are always happy to hear any feeback about this Site or the Service so please contact us if you have any comments or requests. We will endeavour to deal with these although cannot guarantee that we will respond to every request.

Our principal place of business and contact address for notices and other communications is:

Creative Mapping Ltd, 6 Cresswell Gardens, London SW5 0BJ.UK
Tel: +44(0) 771 0531386
Email: admin@creative-mapping.com
Copyright © Creative Mapping Ltd 2014

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