Ending this contract
You may at any time end this contract by closing your account in accordance with the instructions on our Service. If you specifically request it, your contact information and address will be removed from our records although any contribution you may have made will stay on our records and on our website without being attributed to you.
We are entitled to end this contract at any time and for any reason by giving you email notice or simply terminating your access to the Service.
If this contract ends: Your right to use our Service and all licences are terminated. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to reregister for or continue to use our Service if we have given you notice of termination.
Functioning of our Service
We do not guarantee that the Service will be uninterrupted or error free and we are not responsible for any losses arising from such interruptions or errors. We are entitled, without notice and without liability (a) to suspend the Service for repair, maintenance, improvement or other technical reason and (b) to make changes to the Service.
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.
Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
there is no breach of a legal duty owed to you by us or by any of our employees or agents;
such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
such loss or damage is caused by you, for example by not complying with this agreement; or
such loss or damage relates to a business of yours.
Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are not a Consumer:
In no event (including our own negligence) will we be liable for any:
economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
loss of goodwill or reputation;
special, indirect or consequential losses; or
damage to or loss of data
(even if we have been advised of the possibility of such losses).
You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.
To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
Intellectual property rights
The intellectual property rights in all material used on or in connection with our Service are owned by us, other Users or other parties. For your personal use only, you may view such material on your device and you may include quotes in greetings e-cards or other messages provided that these are entirely generated within our Service and subject to any restrictions we impose. You must not otherwise use such material including copying, selling or adapting it or taking extracts from it without our specific prior written consent.
Just to be clear – you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.
You must not circumvent or otherwise interfere with any security related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.
If you publish any Content on our Service (including Contributor Material) or provide us with any ideas or suggestions for our Service, you allow us at no cost, and perpetually, to use and adapt all or part of such material however we wish in any media formats, whether on our own Service or on our other channels including mobile, email communications, social media, PR, competitions and press releases and also on third party media, including for the purpose of redistribution or promotion of our Service. You waive your “moral rights” in relation to such Content to the extent legally permitted. You also allow each User to use your Content in accordance with these terms and conditions.
You acknowledge and agree that we may process your personal data in accordance with the terms of our privacy and cookies policy [link to be provided ) which is subject to change from time to time.
Events outside our control
We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.
We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is firstname.lastname@example.org
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e., that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.
If you have any complaints, please contact us via the contact details shown below.
Company name: Bath Festival Orchestra
Trading name: Bath Festival Orchestra
Country of incorporation: England and Wales.
Registered office and trading address:
This website is owned and operated by Bath Festival Orchestra. Our company information is at the end of this document.
Please read these terms and conditions carefully. They replace any previous versions. By registering on or using our Service (as defined below) you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.
Capitalised terms have the following meanings in these terms and conditions:
“Consumer” – an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
“Content” – all information of whatever kind published, stored or sent on or in connection with our Service including Contributor Material.
“Contributor Material” – quotes, photos and any other material which are contributed by Users for use on our Service.
“Service” – our website, the services we offer by means of our website and any related software and services.
“User” – persons or organisations using our Service (whether or not registered with us).
Changes to the terms and conditions
We may change these terms and conditions by posting the revised version on our website. Please check our website from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.
Use of our Service
We grant Users a limited personal non-transferable right to use our Service subject to these terms and conditions.
You must not make any contribution to our site if you are below 16 years of age.
You agree that you will not in connection with the Service:
breach any applicable law, regulation or code of conduct;
publish or send any Content (including links or references to other content), or otherwise behave in a manner, which:
is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;
infringes any intellectual property or other rights of others;
involves phishing or scamming or similar; or
we otherwise reasonably consider to be inappropriate;
publish or send any Content which includes someone else’s personal information (e.g., sending us someone else’s email address) unless that person is 18 years or over and you have obtained that person’s explicit written consent or you are the parent/guardian of such person;
impersonate any person or entity in order to mislead others;
publish or send any Content which links to any third party websites which are unlawful or contain inappropriate Content;
sell access to the Service;
use the Service to provide a similar service to third parties or otherwise with a view to competing with us;
sell advertising, sponsorship or promotions on or in connection with our Content except where explicitly authorized by us;
use the Service for any commercial or non-private purposes;
use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;
do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;
do anything which may negatively affect other Users’ enjoyment of the Service;
gain unauthorised access to any part of the Service or equipment used to provide the Service;
use any automated means to interact with our systems excluding public search engines; or
attempt, encourage or assist any of the above.
We are entitled to impose and/or change limitations on usage of our Service.
You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.
You are responsible for your Content.
You promise to us that you have (and will retain) all rights and permissions needed to enable use of your Content (including Contributor Material) as contemplated by the Service and these terms and conditions. You specifically promise that either (a) you own all copyright which exists in the Contributor Material which you send us or (b) that you have obtained appropriate consent from the copyright owner(s) to use it in accordance with these terms and conditions. You also promise to ensure that all quotes within Contributor Material are correctly attributed.
If you use any features on our site which enable you to share your Content with third party sites, we are not responsible for use of your Content on those third party sites.
We reserve the right without notice or refund to reject, suspend, alter, remove or delete Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority. If so, you must not attempt to republish or resend the relevant Content.
We do not accept responsibility if your Content is misused by other Users as this is outside our reasonable control.
It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.
We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.
We may remove or irretrievably delete your Content at any time and for any reason.
Content of others
You accept that we have no obligation to vet the Content on our site and you acknowledge the risk that Content (whether Contributor Material or otherwise) may infringe third party copyright. You use such Content at your own risk.
If you have any complaint about Content on the site (e.g., offensive, defamatory, infringing your rights), please email us.
Third party services / advertising / websites
We may display third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.
If we allow you to create an account on our Service is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at f