Terms and Conditions
1. ABOUT US
1.1. For the purpose of the Data Protection Act 1998 (the Act), the data controller is The Cinema Designer Ltd.
2. INFORMATION WE MAY COLLECT
2.1. We may collect and process the following data about you: (a) information you give us about you by filling in forms on our Website or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our Website and/or subscribe to our service, posting material or raising general enquiries; (b) we may ask you for information when you report a problem with our Website or regarding the service; and/or (c) details of your visits to our Website including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
2.2. Aggregate Data.
2.3. Information we receive from other sources.
We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, for example, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.
4. HOW WE USE YOUR INFORMATION
4.1. Information you give to us.
We will use this information: (a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us; (b) to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about or we feel may interest you; (c) to notify you about changes to our Website and/or service; and (d) to ensure that content from our Website is presented in the most effective manner for you and for your computer.
4.2. Information we collect about you.
We will use this information: (a) to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; (b) to allow you to participate in interactive features of our service, when you choose to do so; (c) as part of our efforts to keep our Website safe and secure; (d) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; and (e) to make suggestions and recommendations to you and other users of our Website about goods or services that may interest you or them.
4.3. Information we receive from other sources.
We may combine this information with information you give to us and information we collect about you. We may use this information and the combined information for the purposes set out above (depending on the types of information we receive).
4.4. Disclosure of your information.
We may disclose your contact details to selected third parties, including parties outside the European Economic Area (“EEA”), whose products you have viewed when using the services we provide via the Website, in order for them to contact you for marketing purposes by phone, text, email or post. We will only do this where you have provided us with the appropriate consent.
4.5. We may share your information with other selected third parties, including:
(a) business partners, suppliers and sub-contractors for the performance of any contract we enter into with you; (b) analytics and search engine providers that assist us in the improvement and optimisation of our Website; and (c) advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users.
4.6. We may disclose your personal information to third parties:
5. WHERE WE STORE YOUR PERSONAL DATA
5.2. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted . Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
5.3. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; 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.
6. YOUR RIGHTS
6.1. 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 by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by emailing us at firstname.lastname@example.org.
6.2. 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 to meet our costs in providing you with details of the information we hold about you.
6.3. If you believe that any information we are holding about you is incorrect or incomplete, please email us at email@example.com.
7. THIRD PARTY LINKS
7.1. Our Website may, from time to time, contain links to other websites of interest. Please note, these websites have their own privacy policies and we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such websites. You should exercise caution and look at the privacy statement applicable to the website in question.
9. CONTACT US
A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive.
We use the following cookies:
· Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
· Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
· Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
This agreement is a legal agreement between you and The Cinema Designer Limited (we or us) for the use of the Services. By clicking on the “Accept” button where indicated and using the Services you agree to this agreement which will bind you. If you do not agree to these terms, you must not use the Services.
1.1 The following definitions in this clause apply in this agreement.
Account: the subscription account purchased by you, which allows you to access and use the Services in accordance with this agreement.
Input Data: the data inputted by you for the purpose of using the Services.
Output Data: the reports, images, DXF and CAD drawings and other material produced by you using the Services.
Purpose: calculating optimum configurations for audio-visual system equipment installation.
Services: the software services provided by us via the Website.
Software: all software owned or used by us to enable provision of the Website and the Services.
Subscription Fees: the subscription fees payable by you, as set out in clause 6.2.
Subscription Term: the term of this agreement as determined in accordance with clause 10.1.
Third Party Data: information and specifications to be processed in relation to the Services provided by third parties.
Website: www.thecinemadesigner.com and any subdomains.
Year: means a period of 12 months starting when you are given access to your Account and each consecutive period of 12 months thereafter during the Subscription Term.
2.1 In consideration of you purchasing an Account, and agreeing to abide by the terms of this agreement, we make the Services available to you on a non-exclusive, non-transferable, personal, revocable basis subject to this agreement, for the Subscription Term, solely as required for the Purpose.
2.2 The Services are only permitted for use in relation to the Purpose, and you may only use them in your professional capacity and not as a consumer. You will not be provided with an Account unless you provide an email address associated with an appropriate company, and if you no longer carry out services in relation to the Purpose you must inform us immediately.
2.3 Your Account is personal to you, and you undertake that:
(a) You will not allow or suffer your Account to be used by anyone else, including any colleagues;
(b) you shall keep confidential and secure any password or username for your use of the Services and not share them with anyone else;
(c) you shall permit us, on reasonable prior notice, to access your systems or any device utilised by you to use the Services in order to establish your compliance with the terms of this agreement;
(d) you will only use the Services for your internal business purposes in relation to end-customers for whom you are providing audio-visual system installation and planning services, and not for other entities who also provide audio-visual system installation and planning services; and
(e) you shall promptly notify us on becoming aware of any unauthorised access to the Services.
2.4 You shall not:
(a) Except as may be allowed by any applicable law which is incapable of exclusion by agreement between us and you, and except to the extent expressly permitted under this agreement:
(i) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
(b) robotically or otherwise automatically harvest, scrape, extract, copy, access or collect any information or data from the Services or the Website; (c) introduce any data that contains viruses, bugs, corrupted files, trojan horses, worms or any other software or programs that may in any way cause damage or harm to the Website or the Software; (d) access all or any part of the Services in order to build a product or service which competes with the Services; (e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party, (f) attempt to obtain, or assist third parties in obtaining, access to the Services; or (g) damage, interfere with or disrupt access to the Website or the Services or do anything which may interrupt or impair the Website or the Software’s functionality.
2.5 You will indemnify us in respect of all losses, damages, expenses and costs (including without limitation court costs and legal fees) arising out of or in connection with your breach of your obligations under clause 2.3 and clause 2.4, including but not limited to all fees which would have been payable in relation to any unauthorised use.
2.6 The rights provided under this clause 2 are granted to you only, and shall not be considered granted to your employer or any of your colleagues.
3.1 We shall, during the Subscription Term, make the Services available to you on and subject to the terms of this agreement.
3.2 We may implement additional security measures, including multi-factor authentication, in order to ensure that your Account is not misused.
3.3 We do not warrant that the Website or the Services will always be available or be uninterrupted, and we will not be liable if for any reason the Website or the Services are unavailable at any time or for any period
3.4 You are responsible for making all arrangements necessary for you to have access to the Website and the Services. We are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities
4.1 You shall own all right, title and interest in and to all of the Input Data.
4.2 You have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Input Data. We shall have no liability for any damage caused by errors or omissions in any Input Data.
4.4 The Third Party Data is compiled from third party sources (including audio-visual equipment manufacturers) outside of our control, and we are not in a position to verify it. As such we make no warranties or representations concerning the accuracy, integrity and/or completeness of the Third Party Data or of the Services to the extent that they rely on such Third Party Data and we will have no liability for any reliance you place on them.
4.5 We are not responsible for, and do not endorse, any of the products or brands featured in our Services.
4.6 We do not warrant that the Services or Output Data will meet your requirements, as they are provided solely for assistance in relation to the Purpose. You must take steps to confirm that the Output Data is accurate and suitable for your purposes, and you assume sole responsibility for your use of the Services or the Output Data. We will have no liability for any reliance you place on the Output Data or the Services.
4.7 We shall own all rights in relation to the Output Data. We grant to you a non-exclusive, non-transferable, personal licence to use the Output Data subject to this agreement and solely as required for the Purpose.
4.8 It is your responsibility to keep and maintain any back-up copies of the Input and Output Data. We will not keep copies or make any back-ups of such data for your access.
5. OUR OBLIGATIONS
5.1 We will take reasonable steps to ensure that the Software performs substantially in accordance with any descriptions of it on the Website.
5.2 We will perform our obligations under this agreement with reasonable skill and care.
6. CHARGES AND PAYMENT
6.1 You shall pay the Subscription Fee in advance by monthly direct debit or annually in full.
6.2 For the Initial Subscription Term and any Renewal Periods the Subscription Fee will be:
(a) £60 for the first month of the Initial Subscription Term; and
(b) £60 for each subsequent month.
6.3 If your Account is terminated or expires and you renew your Account or purchase a new one, this will be treated as starting a new Initial Subscription Term.
6.4 If you pay annually in advance, you will receive a £10 discount on the total Subscription Fees payable for that year.
6.5 If we do not receive payment by the due date, and without prejudice to our other rights and remedies:
(a) we may, without liability to you, disable your password, account and access to all or part of the Services and we shall be under no obligation to provide access to the Services until payment in full is received; and
(b) interest shall accrue on a daily basis on such due amounts at an annual rate equal to 4% above the base rate of Barclay’s Bank PLC from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.
6.6 All Subscription Fees are, subject to clause 10.4, non-cancellable and non-refundable.
6.7 We may increase the Subscription Fees at any time upon 90 days' prior notice to you. On receiving such notice you will have the right to cancel this agreement at any point up to the expiry of the notice.
6.8 All Subscription Fees quoted are exclusive of value added tax or any other applicable sales tax, which will be payable at the rate and in the manner for the time being prescribed by law.
7. PROPRIETARY RIGHTS
7.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Software, Website, Services, Output Data and Third Party Data. Except as expressly stated herein, this agreement does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services, the Output Data or the Third Party Data.
7.2 We take all rights in the Services seriously and have taken extensive steps to ensure that they are protected by way of applicable registrable intellectual property rights (including but not limited to patents and trade marks). You are put on notice that we will enforce any and all our rights (whether registered or not and whether current or future) in respect of the Services.
7.3 No licence is granted in any third party logos, images, designs, trade marks or trade names to the extent that they are featured in the Website, Services, Output Data or Third Party Data and you are prohibited from making any use of the same other than as strictly required as part of the Services.
7.4 You may use our name to confirm to your end-customers that you have used our Services in relation to the Purpose, but you must not in any circumstances make any warranties or representations about the Services or us or on our behalf.
8. THIRD PARTY SITES
8.1 Where we provide links to other sites and resources provided by third parties, these links are provided for your information only and we have no control over, or responsibility for, the contents of those sites or resources.
9. LIMITATION OF LIABILITY
9.1 This clause 9 sets out our entire financial liability to you arising under or in connection with this agreement or any representation, statement, act or omission (including negligence) arising under or in connection with this agreement.
9.2 Except as expressly and specifically provided in this agreement all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement, and the Services are provided on an "as is" basis.
9.3 Nothing in this agreement excludes our liability:
(a) for death or personal injury caused by our negligence;
(b) for fraud or fraudulent misrepresentation; or
(c) any other liability which cannot be excluded or limited by English law.
9.4 We shall not be liable whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any loss of profits, business, goodwill, loss or corruption of data, or for any special, indirect or consequential loss, costs or damages, even if foreseeable, under or in connection with this agreement.
9.5 In any Year, our total aggregate liability in contract, tort (including negligence), breach of statutory duty, or otherwise, under or in connection with this agreement shall be limited to the total Subscription Fees paid during that Year.
10. TERM AND TERMINATION
10.1 This agreement begins when we provide you with access to your Account and shall continue for a Year after which it shall automatically renew for consecutive Years, until terminated in accordance with the provisions of this agreement . The first Year together with any subsequent Years (unless terminated earlier in accordance with this agreement) shall constitute the Subscription Term.
10.2 You may terminate this agreement by giving us 30 days’ notice in writing of your intention to terminate.
10.3 We may terminate this agreement immediately by giving written notice to you:
(a) if you fail to pay any amount due under this agreement on the due date for payment;
(b) if you commit any breach of any other term of this agreement; or
(c) at our discretion.
10.4 If we terminate this agreement under clause 10.3(c), or you terminate it under clause 6.7, we will refund the portion of any prepaid Subscription Fees which apply to the period following termination.
10.5 On termination of this agreement for any reason:
(a) all rights to use the Services under this agreement (except under clause 4.7) shall immediately terminate and you must stop using the Services; and
(b) any rights, remedies, obligations or liabilities of us or you that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced.
11.1 Notice. If you wish to contact us in writing, or if any clause in this agreement requires you to give us notice in writing (for example, to terminate the agreement), you can send this to us at The Cinema Designer Ltd. T 20-22 Wenlock Road, London, England, N1 7GU. If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us.
11.2 Receipt. Any notice shall be deemed to have been received on the next business day (any weekday other than a public holiday in England when banks in London are open for business) after sending. This clause 11.2 and clause 11.1 do not apply to the service of any proceedings or any documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
11.3 Force Majeure. We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations by acts, events, omissions or accidents beyond our reasonable control including, without limitation, failure of a utility service or telecommunications network.
11.4 Variation. We may change this agreement at any time by notifying you of a change when you next use the Services. The new terms may be displayed on-screen and you may be required to read and accept them in order to continue your use of the Services.
11.5 Waiver. No failure or delay by us to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
11.6 Severance. If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
11.7 Entire Agreement. This agreement constitutes the whole agreement between us and you and supersedes any previous arrangement, understanding or agreement between us and you relating to the subject matter it covers.
11.8 Representations. Each of the you and us acknowledges and agrees that in entering into this agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding relating to the subject matter of this agreement, other than as expressly set out in this agreement.
11.9 Assignment. You shall not, without our prior written consent, assign or deal in any other manner with all or any of your rights or obligations under this agreement. We may at any time assign, sub-contract or deal in any other manner with all or any of our rights or obligations under this agreement.
11.10 Third Party Rights. A person who is not a party to this agreement shall not have any rights to enforce its terms.
11.11 Governing law and jurisdiction. This agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with English law and you and we agree that the courts of England and Wales will have exclusive jurisdiction to settle such disputes or claims.
End of Terms and Conditions for The Cinema Designer Ltd