Digital Content Agency in London – Barton Cartwright Communications

Terms

These are the Terms of Use for https://www.bartoncartwright.com (“Site”). We advise you to read these terms before you use this site. These terms are a legally binding agreement between you and Barton Cartwright Communications. They will govern the relationship between you and us and everything you do on the site. If you do not wish to be bound by these Terms of Use, do not use this site.

We may review and change these terms without prior notice. We advise you to check for updated regularly.

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1.1 Barton Cartwright Communications

1.1 This Site is owned and operated by Barton Cartwright Communications Limited (a private limited company registered in England and Wales, company number 09516747) (“we”, “us”, “our”). If you would like further information about Barton Cartwright Communications or anything else referred to on the Site, please contact us using the following details:

Barton Cartwright Communications Limited
107 Bankside Lofts
65 Hopton Street
London SE1 9JL

1.2 “Barton Cartwright Communications”, “Barton Cartwright” or “we”, “us, “our” collectively refers to Barton Cartwright Communications Limited (a private limited company registered in England and Wales, company number 09516747), its predecessors and directors.

2. Images used on this Site

2.1 This Site uses images that are licensed to us by third parties and subject to intellectual property laws. No persons depicted are employed or contracted by Barton Cartwright Communications, now or at any point in the past.

Any similarity to persons other than those depicted in the licensed photos is purely coincidental. These images are not construed as an attempt at any fraudulent misrepresentation made by us to you, but are used solely for illustrative purposes to convey our location, culture and typical working environment.

3. Use of this Site

3.1 You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.
3.2 Except as expressly permitted, you agree that when using the Site you will not:
  • (a) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libellous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
  • (b) upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
  • (c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.
3.3 You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.
3.4 You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.
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4. Intellectual property

4.1 All content on our Site is protected by applicable United Kingdom and international intellectual property laws and treaties. All intellectual property rights in or to the materials and information made available to you through the Site are either owned by us or licensed to us by our third party partners. You may only use such information or materials in accordance with these Terms of Use.

Except as expressly provided in these Terms of Use, we do not grant any express or implied right to you to use the materials or information made available to you through the Site and nothing in these Terms of Use shall be construed as an assignment of any intellectual property rights in or to such materials or information. All our rights are hereby expressly reserved.

4.2 You may view, download and print any materials and information made available to you through the Site subject to the following conditions:
  • (a) the material and information may only be used for your personal and non-commercial purposes;
  • (b) the material and information shall not be reproduced or included in any other work or publication in any medium without the written permission of Barton Cartwright Communications;
  • (c) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.

You must not modify any paper or digital copies of any material you have printed off or downloaded from this Site in any way. You must not use any images, video or graphics on this Site separately from the accompanying text. 

Our status as the owner and author (or that of identified licensors) of content on this Site must always be acknowledged. 

You must not use any content from this Site for commercial purposes without obtaining our prior written permission (or that of identified licensors) to do so.

5. Linking to this Site

5.1 You may link to the Site, provided:
  • (a) you do so in a fair and legal way;
  • (b) you do not do so in a manner that suggests any affiliation, partnership with or endorsement by us where none exists;
  • (c) you do not use any logos, images or graphics on the Site without our express written permission; and
  • (d) you do not do so in way that is calculated to damage Barton Cartwright Communication's reputation or take unfair advantage of it.

You must not frame or embed the Site on other websites without our express written permission to do so.

You must link to the Site from any website that contains content that:

  • (a) is sexually explicit;
  • (b) is hateful, obscene, deliberately offensive or otherwise inflammatory;
  • (c) discriminates against, is defamatory or promotes hatred against any person, group or class of persons on the basis of gender, race, sexual orientation, nationality, religion, disability, age or political views;
  • (d) promotes violence;
  • (e) is calculated to be misleading or otherwise likely to mislead;
  • (f) is calculated or otherwise likely to infringe on any other person's right to privacy;
  • (g) encourages betting, investing or otherwise spending money likely to be at risk;
  • (h) infringes or assists in the infringement of any intellectual property rights, including but not limited to copyright, trademarks and licenses of any party;
  • (i) is intended or otherwise likely to harass, defame, threaten, upset, embarrass, annoy or alarm any other person;
  • (j) is calculated or likely to suggest any affiliation, partnership with or endorsement by us where none exists;
  • (k) is in breach of any legal duty owed to any third party including, but not limited to, contracts or confidentiality agreements.

6. Disclaimer

6.1 This Site contains links to websites and microsites operated by third parties that are not under our control and are provided to you for your convenience only. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked, monitored or endorsed by us.

You agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.

6.2 We make every effort to ensure that content on this Site is accurate, complete and updated. But we do not make any representations, guarantees or warranties (whether express or implied) that the content on this Site is accurate, complete and updated.

6.3 We do not make any representations, guarantees or warranties (subject to law) that this Site is secure, does not infringe on rights of third parties, is compatible with all software or hardware, or meets your requirements. 

6.4 Any content on this Site is provided for information purposes only. We advise you to seek professional or specialist advice from a third party before you take or refrain from action as a result of content on this Site. We accept no liability should you fail to do so.

6.5 We make every effort to ensure that this Site is free from viruses and other malware. We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of our Site (including the downloading of any content from it) or any other site referred to on our Site.

Barton Cartwright Communications terms

7. Limitations of liability

7.1 Nothing in these Terms of Use shall be construed as an attempt to limit or exclude our liability in respect of:

  • (a) death or personal injury caused by our negligence;
  • (b) any loss suffered by you as a result of your reliance on any fraudulent misrepresentation made by us to you;
  • (c) any other liability that cannot be so limited or excluded at law.

7.2 Subject to Clause 7.1, you agree that we shall not be liable for:

  • (a) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including but not limited to lost savings or loss or corruption of data); or
  • (b) any loss of profit (whether direct or indirect), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with:
  • (c) any use of this Site or its contents;
  • (d) any failure or delay in the use of any component of the Site or any service including, without limitation, any unavailability of the Site or the services irrespective of duration of any period of unavailability; or
  • (e) any use of or reliance upon any information, material, software, products, services and related graphics obtained through the Site, in all cases even if we have been forewarned of the possibility of such loss or damage.

7.3 Without limiting the effect of Clause 7.2, due to the inherent risks of using the internet, we cannot be liable for any damage to, or viruses that may infect, your computer equipment or any other property when using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or acquisition of any such materials.

7.4 You agree that you shall indemnify us against any claims or legal proceedings that are brought or threatened against us by a third party because your use of the Site or any material or information through the Site is in breach of these Terms of Use.

8. Termination

8.1 We may terminate these Terms of Use immediately on giving notice in writing to you if:

  • (a) you commit any breach of any term of this Agreement; or
  • (b) you do not comply fully with Clause 2 above; or
  • (c) you commit a material breach of these Terms; or
  • (d) we choose to so terminate in our sole discretion.

8.2 You may terminate these Terms of Use forthwith subject to any outstanding payments due.

8.3 Forthwith upon termination of this Agreement, you cease all use of the Site. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision in this Agreement, which is expressly or by implication intended to come into or continued in force on or after such termination and neither shall it affect any common rights that are available to you.

9. Data protection and privacy

9.1 We will only use any personal information that we may collect about you in accordance with our privacy policy.

10. No waiver

10.1 Any failure or delay by us to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

11. Third party rights

11.1 These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

12. Severability

12.1 If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms of Use. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms of Use.

13. Entire agreement

13.1 The warranties, exclusions and the other express provisions of these Terms of Use and the privacy policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to Clause 7.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use.

14. Governing law and legislation

14.1 This Agreement is governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.

Website administrator:
  • Barton Cartwright Communications
  • 107 Bankside Lofts
  • 65 Hopton Street
  • London SE1 9JL

Version

Last updated: 6 September 2021

Version 2.0

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