Conditions of Use

These are the general Terms and Conditions of Scene & Heard for use of our Website.

Please read these Terms and Conditions carefully. Your use of the Website will be subject to these Terms and Conditions. By using the Website, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use the Website.

If you are looking for Terms and Conditions for our online shop specifically, please click here.

1.     Definitions

In these terms and conditions (the ‘Terms and Conditions’), the following definitions shall apply:

‘Scene & Heard’ means ‘Scene & Heard ’, a charity registered under number 1077836 and a company limited by guarantee registered in England and Wales under number 3761808, having its registered office at 128a Chalton St, London NW1 1RX;

‘the Website’ means any website under the ownership or control of Scene & Heard from which a link has been created to these Terms and Conditions, including without limitation
https://www.sceneandheard.org/;

‘the Material’ means all of the information, data, text, graphics, links or computer code published on, contained in or available on the Website;

‘User’ means the individual, firm, company or organisation accessing, browsing or using this Website for any purpose (including, without limitation, donating to Scene & Heard, booking tickets for events, purchasing goods, or commenting on the Website);

‘Service’ means any information or services provided by Scene & Heard through or via the Website.

2.     Applicable terms and conditions

2.1 The Website is owned by Scene & Heard and any use made of this Website (including registrations and donations made via the Website), are subject to these Terms and Conditions. These Terms and Conditions refer to and incorporate the following additional terms, which also apply to the User’s use of the Website:

(a) our Privacy Policy, which sets out the terms on which we process any personal data we collect from the User, or that the User provides to us;

(b) our Cookie Policy, which sets out information about the cookies used on the Website; and

(c) our Online Selling Terms and Conditions, which will apply if the User purchases goods from the Website.

2.2 Scene & Heard may, at its sole discretion, modify or revise these Terms and Conditions at any time by updating the text of this page. Any changes made by Scene & Heard will be binding on the User.

3.     Use of the Website

Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the Material contained therein, provided:

3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other Website or for commercial gain;

3.2 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of Scene & Heard; and

3.3 the User agrees to use this Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict, or inhibit the use and enjoyment of the Website by, any third party.

Scene & Heard does not guarantee that the Website or any Material will always be available uninterrupted. Access to the Website is permitted on a temporary basis. Scene & Heard may suspend, withdraw, discontinue or change any part of the Website at any time without notice.

4.     Intellectual Property

4.1 All intellectual property rights in the Website and the Material are owned by Scene & Heard. Unauthorised use of the Material (including reproduction, storage, modification, distribution or republication) without the prior written consent of Scene & Heard is prohibited. Scene & Heard’s status (and that of any identified contributor) as the author of content on the Website must always be acknowledged.

4.2 The names and logos of Scene & Heard and all related product and service names, designs, marks and slogans are the trade names, service marks or trade marks of Scene & Heard and may not be used for any purpose without the prior consent of Scene & Heard.

5.     Disclaimer

5.1 The Website and the Materials are intended to provide general information only and, as such, should not be considered as a substitute for, or relied on as, advice covering any specific situation. Users should seek appropriate professional or specialist advice before taking or refraining from taking any action in reliance on any information contained in this Website or the Materials. So far as permissible by law, Scene & Heard does not accept any liability to any person relating to the use of any such information.

5.2 Whilst Scene & Heard has taken every precaution in compiling the Website neither Scene & Heard nor any contributors to the Website can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, of information contained in or accessed through the Website. Scene & Heard does not guarantee that the Website or the Material will be free from errors or omissions.

6.     Target audience

6.1 The information provided on this Website and in the Materials has not been written to meet individual requirements and it is the User’s sole responsibility to satisfy itself of the suitability of such information prior to using the information in any way for its purposes.

6.2 The information contained on the Website was correct at the time of writing. Scene & Heard may update the Website and change the content of the Material from time to time, but is under no obligation to update any information contained on the Website that may be out of date.

7.     Warranty and indemnity

The User warrants to Scene & Heard that it will not use the Website, the Material or any part thereof: (a) for any purpose that is in contravention of any applicable law or regulation; (b) in a manner that will infringe the copyright, trade marks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others; or (c) in any defamatory, obscene, threatening, abusive or hateful manner. Scene & Heard reserves the right to bar users from this Website, to report any misuse of this Website to the relevant authorities and where appropriate to take legal action. The User shall indemnify Scene & Heard, its employees and agents, against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against Scene & Heard, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose.

8.     Limitation of liability

The User agrees that its use of the Service is on an ‘as is’ and ‘as available’ basis and that its use of the Service is at its sole risk. On that basis, Scene & Heard hereby excludes (to the fullest extent permitted by law) all representations, warranties, guarantees, conditions and other terms with regard to the Website or the Material, whether express or implied or statutory (including, without limitation, as to the Website or the Material being accurate, complete or up-to-date).

In no event shall Scene & Heard be liable for any loss or damage (including any indirect, punitive, special, incidental, or consequential loss or damages, damages for loss of use, data, profits, sales, business, revenue, anticipated savings, business opportunity, goodwill, reputation or business interruption), whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising out of or in any way connected with:

(a) any person’s use of, or inability to use, the Website or the Materials;

(b) the performance of the Website;

(c) interruptions or delays to the Website;

(d) the provision of or failure to provide the Service; or

(e) use of or reliance on any information, Material, goods or services obtained through the Website.

Nothing in these Terms and Conditions excludes or limits Scene & Heard’s liability for: (a) death or personal injury arising from Scene & Heard’s negligence; (b) Scene & Heard’s fraud or fraudulent misrepresentation; or (c) any other liability of Scene & Heard that cannot be excluded or limited under English law.

Different limitations and exclusions will apply to liability arising as a result of the supply of any goods to a User. These are set out in our Online Selling Terms and Conditions.