Terms and 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 Theatro Technis, 26 Crowndale Road, London NW1 1TT;

‘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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

9.Third party websites

This Website contains links to websites operated by parties other than Scene & Heard, which are not under the control of, and are not maintained by, Scene & Heard. Scene & Heard has included links to these sites to provide the User with access to information and services that it may find useful or interesting. Scene & Heard is not responsible for the content of these websites and pages or for anything provided by them. Such links should not be interpreted as endorsement by Scene & Heard of those linked websites, and Scene & Heard accepts no liability for any loss or damage that may arise from any User’s use of such linked websites. Any User who has any concerns about the content of any linked website or any website associating itself with Scene & Heard should contact the Website Manager by email at mail@sceneandheard.org

  1. Privacy and Data Protection

These Terms and Conditions incorporate our Privacy Policy which describes (amongst other things) how we will use any personal information collected from the Website. For more information, please see our full Privacy Policy.

  1. Viruses

Scene & Heard does not warrant that the functions contained in the Material will be uninterrupted or error free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses, bugs or other technologically harmful material. Scene & Heard does not warrant the full functionality, accuracy and reliability of the Materials. Whilst Scene & Heard makes all reasonable attempts to exclude viruses from the Website, no liability is accepted for any loss or damage caused through the downloading of viruses, bugs or other technologically harmful material that may infect a User’s computer equipment, computer programs, data or other proprietary material due to the User’s use of the Website or downloading of any content contained on the Website or on any third party website linked to the Website. Therefore, all Users are recommended to take all appropriate safeguards before using the Website or downloading content from the Website.

Users must not misuse the Website by knowingly introducing viruses, trojans, worms or other material which is malicious or technologically harmful. Users must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. Users must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. A breach of this provision constitutes a criminal offence under the Computer Misuse Act 1990. Scene & Heard will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the perpetrator’s identity to them. In the event of such a breach by a User, such User’s right to use the Website will cease immediately.

  1. Force majeure

Scene & Heard shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.

  1. Links

Any person or organisation may establish a link to this Website, provided that:

13.1 such linking is carried out in a way that is fair and legal and does not damage, or take advantage of, Scene & Heard’s reputation;

13.2 no link to this Website is established in such a way as to suggest any form of association, approval or endorsement on the part of Scene & Heard where none exists;

13.3 no person or organisation may establish a link to this Website on any Website that is not owned by such person or organisation;

13.4 no person or organisation may frame this Website on any other site;

13.5 such person or organisation complies with these Terms and Conditions; and

13.6 Scene & Heard reserves the right to withdraw any linking permission at any time without notice.

  1. Complaints or Enquiries

If you have any enquiries or complaints then please address them to:

Office Manager
Scene & Heard
Theatro Technis
26 Crowndale Road
London
NW1 1TT
(United Kingdom)

Or by email: mail@sceneandheard.org

The European Commission has established an online dispute resolution platform to facilitate communication between the parties involved in a dispute arising from an online transaction. The platform is available here and will be operational as of 15 February 2016.

  1. General

15.1 If any provisions of these Terms and Conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.

15.2 These Terms and Conditions constitute the entire agreement between Scene & Heard and the User and supersede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and Scene & Heard.

15.3 Any failure of Scene & Heard to exercise or enforce any of its rights under these Terms and Conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights.

15.4 If these Terms and Conditions are not accepted in full, the use of this Website must be terminated immediately.

  1. Governing Law and Jurisdiction

The Terms and Conditions shall be governed and interpreted in accordance with English law and both Scene & Heard and the User submit to the exclusive jurisdiction of the English courts.