CULTUR.CO - TERMS OF USE

Effective Date: March 1, 2019

Overview

Welcome to Cultur.co! We help facilitate workplace events and activities that enable colleagues to connect. We believe these events and activities should be undertaken in a safe environment that prioritises the health and wellbeing of participants. 

Please read these Terms of Use carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Cultur.co Services, you agree to comply with and be bound by these Terms, as applicable to you.

If you are agreeing to this Agreement on behalf of your company, then “Administrator”, “Customer” or “you” means your company, and you are binding your company to this Agreement. Cultur.co may update or modify this Agreement from time to time. We will  

For the Organisation Administrator (Person signing up on an Organisations behalf) or User (Typical User of the Software or Administrator):

By clicking on the “Create my Account”, “Sign Up” (or similar button) that is presented to you at the time of your Subscription, or by using or accessing Cultur.co products, you indicate your assent to be bound by this Agreement.

  1. Terminology – Who’s who
  • The terms “Cultur.co,” “we,” “us,” and “our” are used to describe Cultur.co. and our affiliates.
  • The terms “you” and “your” mean any person using our Platform, and any organisation or person using the Platform on an organisation’s behalf.
  • The term “Customer” means the organisation that you represent in agreeing to the Contract.
  • The term “Platform” means any website, application, or service offered by Cultur.co, including content we offer and electronic communications we send. We provide our Platform to you subject to these Terms of Service.
  • The terms “Terms of Service” and “Agreement” are used interchangeably to mean this document together with our Privacy Policy..
  • The term “Organisation Administrator” or “Administrator” refers to the person that signs up on a Companies or Organisations behalf or a person that is provided post sign up access to the Admin zone.
  • The term “User” or “Authorised User” refers to any person that has been provided with user identification and password to access the Service under an Organisation’s account.
  1. Posted Activities
    • Events or Activities posted by Cultur.co: As part of our Service, Cultur.co provides a curated catalogue of events and activities happening around your Company or Organisation. We do not organise, ticket or operate these events and activities. These events and activities are organised by third party Websites and Organisers. Users may have to register and purchase tickets from these third party entities in order to participate in the event or activity. Where this is the case, we will endeavour to post an accurate link to the third party registration page. In this instance, it is the Users responsibility to adhere to the Terms of Service, Privacy Policy or other legal requirements as outlined by the external Service provider. It is the Companies or Organisations (or Administrators their behalf) responsibility to monitor the suitability of these activities in line with their own Policies, Procedures or Company Employee Contracts.
    • Events or Activities posted by Company Users: As part of our Service, Cultur.co enables all Users to post and share activities with their colleagues. To protect your privacy, Cultur.co does not monitor activities posted by Users of an Organisation. It is the Organisations (or Administrators their behalf) responsibility to monitor the suitability of these activities in line with their own Policies, Procedures or Company Employee Contracts.
  1. Account – Organisation & Customer
    • Organisation Account: In order to use Cultur.co software, an account will have to be created for your Organisation. To create an account you will have to include the following details: Organisation name, users name, users email and password. In creating an Organisation account:
  • You acknowledge to provide accurate and complete information;
  • You agree to keep all Organisation and User logins safe and secure at all times;
  • You accept responsibility for any activity on your account resulting from a failure to keep logins safe and secure;
  • You agree to notify Cultur.co as a result of any activity on your account as a result of unauthorised access.
    • Defining the “Customer”: “Customer” is the Organisation that you represent in agreeing to the Contract. If you signed up for a plan using your corporate email domain, your organisation is Customer, and Customer can modify and re-assign roles on your workspace (including your role) and otherwise exercise its rights under the Contract. If your account is being set up by someone who is not formally affiliated with an Organisation, Customer is the individual creating the account.
  1. Account – Users
    • User Account: In order to access an Organisation account and become an Authorised User, it is necessary to create a user account. To create an account you will have to include the following details: Users name, users email and password. In creating an Organisation account:
  • You acknowledge to provide accurate and complete information;
  • You agree to keep all Organisation and User logins safe and secure at all times;
  • You accept responsibility for any activity on your account resulting from a failure to keep logins safe and secure;
  • You agree to notify Cultur.co as a result of any activity on your account as a result of unauthorised access.
  1. Age Requirements of Users: Our Services are not intended for, and should not be used by, anyone under the age of 16. You are responsible for ensuring that all End Users are at least 16 years old.
  1. Customer Data and Content
    • Signing up: When signing up to cultur.co, we will ask for basic information including your Company or Organisation name, users first and last name, locations, email address and password. Following signup, we will request payment details, including credit card type, number and expiry date. Protecting your private information is of the utmost of importance to us.
    • User data: While using our Service, users may create content such as profile images, user information, activity photos and comments. You as the Organisation are the sole owner of this data; however you do provide us royalty free access to display, copy, access and store data in order to provide our Service to you and enable you to share this content with people inside or outside of your Organisation.
    • Customer Data Responsibility: You warrant that the all user data as outlined under 6.2 above does not infringe or violate any patents, copyrights, data protection, trademarks or other intellectual property of any third party. Furthermore such data should not infringe on any relevant data protection or privacy legislation and should not be unlawful, criminal, hateful, pornographic or in any way inappropriate.
    • Security: Protecting your data is important to us. Cultur.co will implement industry standard security procedures to protect customer data.
  2. Links: The Sites and/or the Service may contain links to third party websites that are not owned or controlled by cultur.co. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third-party website; and (ii) expressly release us from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit.
  1. Privacy Policy: You acknowledge that we will use any Personal Data that we may collect or obtain in accordance with our Privacy Policy.
  1. Anonymous Information: Anonymous Information refers to data or analytics that doesn’t enable identification of users. This includes data such as the number of activities occurring in a month in a certain location or the most popular activity categories in a location. Notwithstanding any other condition of these terms, we may collect, use, share and publish such Anonymous Information in order to improve cultur.co software, our user experience and for other business purposes.
  1. Payment Obligations
    • Free Trial: We offer a free trial to Organisations that sign up to our software. Organisations will not be required to add any payment details until expiry of this period and will not be billed for use of our software during this period. Either before or after this period has expired, the Organisation (or Administrator on their behalf) will be required to input payment details to continue using the software.
    • Payment Terms: For Organisations that add payment details during or after the free trial period, our Payment Terms will apply. Fees will be charged at the agreed subscription rate per Active User (see 10.4 for definition of an “Active User”). Charges will be made at the start of each payment period.

Your subscription will automatically renew for periods equal to the original term specified in your Order Form, unless either party gives the other notice of non-renewal before the end of the relevant term. (See section 8 for Policy relating to “Termination and Subscription).

Payment obligations are non-cancellable and, except as expressly stated in the Contract, fees paid are non-refundable.

  • Taxes not included: Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”). Customer will be responsible for paying all Taxes associated with its purchases, except for those taxes based on our net income. Should any payment for the Services be subject to withholding tax by any government, Customer will reimburse us for such withholding tax.
  • Fair Billing Policy: We only charge you for Active Users on your account. An “Active User” is defined as one that has created a password and has logged into the software. Your billing period will start 30 days after the free trial has started and you will be billed on that same day each month. Organisations can view the number of Active Users on their account through the “Billing” section of the “Admin Zone” of the software, which is accessible to system Administrators of an Organisation.
  • Invoicing: We will provide you an invoice for each billing period. Invoices can be downloaded through the “Billing” section of the “Admin Zone” of the software, which is accessible to system Administrators of an Organisation.

 

  1. Termination of Subscription
    • Termination by you: An Organisation (or Administrator on the Organisations behalf) may terminate your account by contacting us at info@cultur.com. We will use our reasonable efforts to respond promptly to such requests.

The cancellation of your subscription in this instance will take effect at the end of the then current billing cycle, with these subscription fees being non-refundable.  Following this, you will not be charged for any further billing cycles.

  • Termination by us: Cultur.co may terminate your account without prior notice should you or your Organisation breach these Terms and such breach may cause harm to cultur.co unless your account is immediately terminated. Upon termination of your account, you will cease use of Cultur.co services.
  1. Correspondence with Users and Administrators
    • Emailing Users: From time to time, cultur.co may email active and inactive users with information of activities that are happening around them. We may also email information regarding feature releases if contained within their current plan.

 

  • Emailing Administrators: From time to time, cultur.co may email Administrators with information of upgrade features that may or may not be included in their current plan.

 

  1. Warranty Disclaimer
    • THE SITES AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME ALL RESPONSIBILITY FOR ACCESSING AND USING THE SITES AND SERVICE AND FOR THE SELECTION OF THE SERVICE TO ACHIEVE YOUR INTENDED RESULTS. MONDAY.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    • CO DOES NOT WARRANT THAT THE SERVICE OR ACCESS TO AND USE OF THE SITES OR SERVICE WILL BE UNINTERRUPTED, ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL CODE.
    • CO OFFERS NO WARRANTY REGARDING THE RELIABILITY OF THE PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY: (I) THAT THE SERVICE, INCLUDING ANY ANTI-VIRUS OR ANTI-SPAM FEATURES, WILL DETECT, BLOCK OR PREVENT ALL VIRUSES, SPAM OR OTHER HARMFUL OR UNWANTED CODE OR INTRUSIONS; AND (II) REGARDING THE BACKUP OR STORAGE OF CUSTOMER DATA ON OR BY THE SERVICE.
    • CO DOES NOT OFFER A WARRANTY OR MAKE ANY REPRESENTATION REGARDING ANY CONTENT, INFORMATION, REPORTS OR RESULTS THAT YOU OBTAIN THROUGH THE SERVICE AND/OR THE SITE. YOUR USE OF AND RELIANCE UPON SERVICE OR SITE, OR CONTENT AND YOUR DATA (INCLUDING CUSTOMER DATA) IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK, AND MONDAY.COM, ITS AFFILIATES AND THIRD-PARTY PROVIDERS, SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER TO YOU IN CONNECTION WITH ANY OF THE FOREGOING.
    • YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
    • Applicable law may not allow the exclusion of certain warranties, so to that extent such exclusions may not apply.

 

  1. Limitation of Liability
    • NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL CULTUR.CO ITS AFFILIATES AND THIRD-PARTY PROVIDERS, BE LIABLE UNDER, OR OTHERWISE IN CONNECTION WITH THESE TERMS FOR: (I) USE OF THE SITE; (II) ERRORS, MISTAKES OR INNACURACIES OF CONTENT; (III) PERSONAL INJURY OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (IV) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE; (V) ANY LOSS OF PROFITS, BUSINESS, OR ANTICIPATED SAVINGS; (VI) ANY LOSS OF, OR DAMAGE TO DATA, REPUTATION, REVENUE OR GOODWILL; (VII) THE COST OF PROCURING ANY SUBSTITUTE GOODS OR SERVICES.
    • IN NO EVENT WILL EITHER CUSTOMER OR CULTUR.CO HAVE ANY LIABILITY TO THE OTHER PARTY OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
    • IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CULTUR.CO, ITS AFFILIATES OR ITS THIRD-PARTY PROVIDERS, UNDER, OR OTHERWISE IN CONNECTION WITH, THESE TERMS (INCLUDING THE SITES AND THE SERVICE), EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU (IF ANY) FOR IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT.
    • The limitations under this “Limitation of Liability” section apply with respect to all legal theories, whether in contract, tort or otherwise, and to the extent permitted by law. The provisions of this “Limitation of Liability” section allocate the risks under this Contract between the parties, and the parties have relied on these limitations in determining whether to enter into this Contract and the pricing for the Services.
  1. Indemnification
    • You agree to indemnify, hold harmless and (only if requested by Cultur.co) defend Cultur.co, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against Cultur.co or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by Cultur.co or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Services, (iii) your unauthorized use of the Cultur.co Script, and (iv) your disclosure of any Visitor data, including any Personally Identifiable Information, to Cultur.co. In such instances, Cultur.co will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to Cultur.co within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defence of any claim. Cultur.co reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.
  1. Disclosure: We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Service and/or the Sites as we reasonably believe necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including to investigate potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your support requests, and/or (v) protect the rights, property or safety of cultur.co, its users or the public.
  1. Customer Reference: You acknowledge and accept that cultur.co has the right to use your name and logo to identify you as a customer of cultur.co or user of the Service, on cultur.co’s  web site, marketing materials or otherwise by announcements on social media.
  1. Modifications to Terms: Cultur.co reserves the right, at our discretion, to change these Terms at any time. If we make a material change to the Contract, we will provide the Customer with reasonable notice prior to the change taking effect, either by emailing the email address associated with Customer’s account or by posting the updated Terms on our website. The Customer can review the most current version of the Customer Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in the Contract. The materially revised Contract will become effective on the date set forth in our notice, and all other changes will become effective upon posting of the change. If Customer (or any Authorised User) accesses or uses the Services after the effective date, that use will constitute Customer’s acceptance of any revised terms and conditions.

 

  1. Force Majeure: Neither us nor Customer will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.
  1. Assignment: Except with respect to the cultur.co Extended Family, neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). 

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