In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these terms and conditions, privacy statement and disclaimer notice and any or all agreements:
"Client", "You" and "Your" refers to you, the person accessing this website and accepting the company's terms and conditions.
"The Company", "Ourselves", "We" and "Us" refers to our company.
"Party", "Parties", or "Us", refers both the client and ourselves, or either the client or ourselves.
All terms refer to the offer, acceptance and consideration of the payment necessary to undertake the process of our assistance to the client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the client's needs in respect of the provision of the company's stated services/products, in accordance with and subject to, prevailing English law.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information
collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.
Parliament has created specific offenses for unauthorised actions against computer systems and data. We will investigate any such actions
with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.
We are registered under the Data Protection Act 1998 and as such, any information concerning the client and their respective client records may be passed to third parties. However, client records are regarded as
confidential and therefore not be divulged to any third party, other than our manufacturer/supplier(s) and if legally required to do so to the appropriate authorities.
Clients have the right to request sight of,
and copies of any and all client records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision
of our services. Where appropriate, we shall issue clients with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this company will only be in connection with the provision of agreed services and products.
EXCLUSIONS AND LIMITATIONS
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
- Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company's literature
- Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
All major credit/debit cards and PayPal are acceptable methods of payment. Our terms are payment in full within thirty days. All goods remain the property of the company until paid in full. Monies that remain outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of England’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement is reached.
We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via collection agencies and/or through the small claims court in the event that the outstanding balance does not exceed £3000. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.
Minimum 24 hours notice of cancellation is required in writing. We reserve the right to levy a £30 charge to cover any subsequent administrative expenses.
TERMINATION OF AGREEMENTS AND REFUNDS POLICY
Both ourselves and our clients and have the right to terminate any services agreement for any reason, including the ending of the services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
Any monies that have been paid to us which constitute payment in respect of the provision of the unused services shall be refunded.
Unless otherwise stated, the services featured on this website are only available within the United Kingdom, or in relation to postings from the United Kingdom. All advertising is intended solely for the United Kingdom market.
You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the company. The company does not warrant that the service you thereby indemnify this company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyse trends, administer the site, track the user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL.
This information is not shared with third parties and is used only within this company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THIS WEBSITE
We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or materials appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them.
This company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property right exists on all text relating to the company's services and the full content of this website.
This company's logo is a registered trademark of this company in the United Kingdom and other countries. The brand names and specific services of this company featured on this website are trademarked.
We have several different e-mail addresses for different queries. This and other contact information can be found on out contact us link on our website or via company literature or via the company’s stated telephone, facsimile or mobile telephone numbers.This company is registered in England and Wales, Number 04397352. Registered office 1 Andover St, Birmingham B5 5RG
Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such a party including but not limited to any act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.
Any party affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein.
Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions on this or any agreement shall be effective unless it is expressly stated to be such and signed by other parties.
The laws of England and Wales govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the English courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the company to enforce any of the provisions set out in these terms and conditions and any agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these terms and conditions or any part thereof, or the right thereafter to enforce each and every provision.
These terms and conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the company.
NOTIFICATION OF CHANGES
These terms and conditions form part of the agreement between us and the client. Accessing of this website and/or undertaking of a booking or agreement indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein. Your statutory consumer rights are unaffected.
Please review this policy periodically as we may update it from time to time.
WHO WE SHARE YOUR DATA WITH AND WHY
We will process the data you supply in order to provide any service you have requested when you sign up on our website. We may also use share your data with the following groups where necessary to provide a service to you.
- The Company - Within UB40 and our direct management family of companies to provide marketing services, band information and details of upcoming tours and events.
- Data Processors - With our third-party service providers who provide the IT services and infrastructure for hosting our website and mobile app, and communications services such as email, SMS, push notifications and other methods of communicating information with you.
- Event Organisers - We may share your information with venues and event partners to enable the running of events and for other reasons described in their privacy policies. If an organiser or event partner wishes to provide you with third-party marketing you will be given the option to subscribe when interacting with us.
- Third-parties - We work with partner companies to provide additional goods and services purchased via our website. These include (but are not limited to) merchandise, physical and electronic music sales, and event tickets. We may share your information with these service providers to allow them to complete any transaction with you.
- Legal - Government agencies and authorised bodies where required by law.
YOUR IP ADDRESS
Like most ecommerce websites, each time you visit the site, we automatically collect you IP address and the web page from which you came. We use this information to administer and optimize the site for you and to diagnose problems with our site. We use your IP address to help identify you and to gather broad demographic information about you.
You may choose to restrict the collection or use of your personal information in the following ways:
- Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
- If you have previously agreed to us using your personal information for the direct marketing purposes, you may change your mind at any time by writing to or emailing us at firstname.lastname@example.org
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the data protection act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to UB40 PO Box 15345, Birmingham, B9 9GJ.
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the above address. We will promptly correct any information found to be incorrect.
We use your financial information to check your qualifications and bill you for and otherwise facilitate your purchase of products and services.When you make a purchase on the site, we will provide your financial information to our service providers and to such third parties as we determine necessary to process your transactions. These third parties may include the credit card companies and banking institutions used to process the transaction. Any of these various third parties are authorised to use your financial information in accordance with their own privacy policies, over which we have no control.
Whenever we obtain your personal Information, we use commercially reasonable efforts to protect it from unauthorised access or disclosure. While we will use such efforts, we cannot and will not act as insurers of the security of your Personal Information transmitted over the internet. Accordingly, we assume no liability for any disclosure of data due to error in transmission, unauthorised third party access or other acts or omissions beyond our reasonable control. If you are a member of UB40.global you should note that when you complete your “Member Profile,” this information can be viewed by other members. Accordingly, you should not provide any information in your member profile that you do not wish to sharewith third parties and you should have no privacy expectations with respect to the information contained within it.
WARNING ABOUT ONLINE DISCLOSURE OF INFORMATION
You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of our users. If you disclose personal Information in your member profile, message board, or any other publicly accessible place on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should always be careful and responsible whenever disclosing information online.
INVALIDITY OF SPECIFIC TERMS
If any provision of these additional terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect.
You agree to indemnify and hold UB40.global, ndmcreative.co.uk as well as their subsidiaries, affiliates, owners, associates, licensees, licensors, officers, agents and other partners and employees (the "indemnified parties") harmless from any claim, demand, action, damage, loss, or expense, including without limitation, reasonable solicitors fees, incurred in connection with any suit or proceeding brought against any or the Indemnified parties arising out of your use of the Site or alleging facts or circumstances that could constitute a breach of any provision of these Terms by you. If you are obligated to indemnify any of the Indemnified Parties, such party will have the right, in its sole exclusive discretion, to control any action or proceeding and determine whether they wish to settle it, and if so, on what terms.
The site is based in and operated from the United Kingdom. Information which you send us by email or which we gather from you when you visit our website is held and processed in the United Kingdom. These terms shall be binding upon and inure to our benefit, and our successors, and assigns. You may not assign these terms without our prior written consent. These terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. The Terms and the relationship between you and us shall be governed by the laws of the United Kingdom without regard to any conflict of law provisions. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these terms, all of which we shall remain in full forces and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the site or the terms must be filed with one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms are for convenience only and have no legal or contractual effect.
You agree that any dispute arising out of or relating to these Terms or your use of the Site will be submitted to confidential binding arbitration in the United Kingdom. The arbitrators’ award will be binding and may be entered as a judgement in any court or competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to these terms, whether through class arbitration proceedings or otherwise. Notwithstanding the Foregoing, to the extent you have in any manner violated or threatened to violate the intellectual property rights of UB40.global, ndmcreative.co.uk, these persons or entities may seek injunctive or other appropriate relief in the United Kingdom, and you consent to exclusive jurisdiction and venue in such courts.