Terms of Use

Last Updated: 11 September 2019

ARTICLE 1: Introduction

CultureWork is a registered trading name of Downey Youell Associates Ltd. This website (hereafter “SITE”) is owned and operated by Downey Youell Associates Ltd (hereafter “DYA”). Throughout the Site, the terms “we”, “us” and “our” refer to Downey Youell Associates Ltd.

DYA offers this website, including all information, tools and services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These terms and conditions apply to all Users of the site who are not either (1) employed by DYA or (2) engaged as a consultant or otherwise providing services to DYA and accessing the Website in connection with the agreed provision of such services and which exemption is limited to the duration of said work contract.

This Site and related services are provided subject to your compliance with the terms and conditions set forth below. Please read the following information carefully before accessing or using this Site as these terms of use affect your legal rights. By accessing or using any part of the site, you agree to be bound by these terms of use; your agreement is deemed to occur upon your first use of this website. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

DYA and or its affiliates and subsidiaries reserve the right and sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

As long as you comply with these Terms of Use, DYA grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

This privacy policy sets out how we use and protect any information that you give us when you use this website.

CultureWork is a registered trading name of Downey Youell Associates Ltd (DYA).

At DYA we are committed to protecting your privacy. In compliance with GDPR regulations we have compiled this information to ensure full transparency around the data we collect, when and why we collect it.

Should we ask you to provide information you can be assured that it will only be used in accordance with this Privacy Statement. We may change this policy by updating this page. Please check this page from time to time to ensure that you agree with any changes.

 ARTICLE 2: Site Availability and Warranty Disclaimer

DYA reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or discontinue operation of or access to the Site, or any part (or the whole) of the Site, for any reason, including, but not limited to, any products and/or services available; (2) modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; (4) delete or remove (without notice) any User content or account; and or (5) terminate access of any User in its sole discretion, for any reason or no reason. DYA accepts no liability for any disruption or non-availability of the Website.

This site, including any online facilities, tools, services, content or information contained within it or any site-related service, is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (expressed or implied) including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy of information, compatibility, satisfactory quality, and non-infringement. DYA is under no obligation to update information on the Site.

While DYA uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard. All Users take responsibility for their own security, that of their personal details and their computers and assume total responsibility and risk for their use of this site, site-related services, and hyperlinked websites.

DYA, its affiliates, subsidiaries, licensors and sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the site, site-related services, content, or information contained within the site, and/or any hyperlinked website. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services.

Although DYA attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform DYA so that the inaccuracy can be corrected. Information contained on the Site may be changed and/or updated without notice.

ARTICLE 3: Content, Intellectual Property and Fair Use

In these Terms of Use, ‘Content’ means all text, graphics, user interfaces, photographs, images, logos, trademarks, artwork, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer (collectively, “Content”), that appears on or forms part of this Website, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel”, and arrangement of such Content. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

All Content included on the Site is the property of DYA, our associates or other relevant third parties, with all rights reserved. You may only use the works for private or non-commercial purposes unless you have the prior written permission of the owner. No other use is hereby authorized. It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, modified, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium, for publication or distribution or for any commercial enterprise, without DYA’s express prior written consent.

ARTICLE 4: Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. DYA reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any DYA server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Site, or any other customer or client of DYA.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Company systems or networks, or any systems or networks connected to the Site or to DYA.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to DYA on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

ARTICLE 5: No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to DYA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

You may not use the Site or any Content for any abusive or illegal purpose, including but not limited to using the Site in a manner that: (1) infringes on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy; (2) violates any applicable law, statute, ordinance, regulation or governmental order; (3) is in any way harmful, unlawful, illegal, defamatory, trade libellous, threatening, harassing, indecent, abusive, obscene or otherwise objectionable, or contains child pornography; (4) you know contains Viruses; (5) you know will materially damage, disable, overburden or impair the Site or interfere with any other party’s use or enjoyment of the Site; or (6) you know contains links to any sites that do any of the aforementioned prohibited acts. In addition, you are prohibited from using the Site to send spam, either directly or indirectly.

DYA does not assume responsibility for the accuracy, completeness, safety, innocuousness, slanderous nature of, legality or applicability of anything posted, displayed, linked, uploaded, recorded, broadcast or otherwise made available by any User. Notwithstanding anything within this provision or these Terms of Use, DYA reserves the right to suspend or terminate any User’s account with or without notice to said User for any reason, at the sole discretion of DYA.

ARTICLE 6: Privacy

Use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms of Use by this reference. To view the Privacy Policy, please click HERE

By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

ARTICLE 7: Limitation of Liability

Except when prohibited by law, in no event will DYA be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if DYA has been advised of the possibility of such damages.

To the maximum extent permitted by law, DYA excludes all liability to third parties arising directly or indirectly out of their use of or reliance on materials contained in this Site, including but not limited to: (1) any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities; (2) any loss or corruption of any data, database or software; (3) any special, indirect or consequential loss or damage.

Notwithstanding the other provisions of these Terms of Use, if DYA is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the aggregate liability of DYA shall in no event exceed One Hundred Euros €100.

ARTICLE 8: Indemnity

You agree to indemnify, defend and hold DYA, its affiliates and their officers, directors, shareholders, predecessors, successors in interest, employees, agents, licensors and service providers (“Indemnitees”) harmless from any demands, loss, liability, claims, or expenses (including legal fees) made against Indemnitees by any third party due to or arising out of or in connection with your use of the Site.

ARTICLE 9: Violation of These Terms of Use

DYA may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) DYA’s rights or property, or the rights or property of visitors to or Users of the Site, including DYA’s customers and clients. DYA reserves the right at all times to disclose any information that DYA deems necessary to comply with any applicable law, regulation, legal process or governmental request. DYA also may disclose your information when DYA determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.

You acknowledge and agree that DYA may preserve any transmittal or communication by you with DYA through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if DYA determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, and or (4) protect the rights, property or personal safety of DYA, its employees, Users of or visitors to the Site, and the public.

You agree that DYA may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to DYA for which monetary damages would be inadequate, and you consent to DYA obtaining any injunctive or equitable relief that DYA deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies DYA may have at law or in equity.

If DYA does take any legal action against you as a result of your violation of these Terms of Use, DYA will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action in addition to any other relief granted to DYA. You agree that DYA will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

ARTICLE 10: Notification of Claimed Copyright Infringement

DYA respects and expects its Users to respect the rights of copyright holders. On notice, DYA will act appropriately to remove content that infringes the copyright rights of others. If it is believed that any content uploaded infringes upon existing copyrights, owners or their agents may submit a notification, providing us with the following information in writing: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity sufficient to permit DYA to locate the material; (d) information reasonably sufficient to permit DYA to contact you, such as an address, telephone number, and, if available, an electronic mail; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ARTICLE 11: Entire Agreement

These Terms of Use constitute the entire agreement between DYA and you pertaining to the subject matter of this Agreement. In its sole discretion, DYA may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

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