Terms and conditions

Please read these terms and conditions carefully before using this site

Terms of website use

These terms of use (together with the documents referred to in it) tell you the terms of use on which you may make use of our website (our site), whether as a guest or a registered member.  Use of our site includes accessing, browsing, using interactive functions or registering to use our site.

Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site.  We recommend that you print a copy of this for future reference.

By using our site, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms of use, you must not use our site.

About us

www.koestlertrust.org.uk is a site operated by the Koestler Trust (we).  We are registered in England and Wales under company number 4961363 and have our registered office at Koestler Arts Centre, 168a Du Cane Road, London, W12 0TX. This is also our main trading address.

Other applicable terms

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us.  By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site.  When using our site, you must comply with this Acceptable Use Policy.

Changes to these terms

We may revise these terms of use at any time by amending this page.  Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Changes to our site

We may update our site from time to time, and may change the content at any time.  However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.  We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Accessing our site

Our site is made available free of charge

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis.  We may suspend, withdraw, discontinue or change all or any part of our site without notice.  We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.  You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Your account and password

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential.  You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@koestlertrust.org.uk.

Intellectual property rights

We, or the artists who have agreed to the terms and conditions of entering the Koestler Awards, are the owner or the licensee of all intellectual property rights in our site and in the material published on it.  Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our site or use of or reliance on any content displayed on our site.

If you are a visitor to our site, you agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. In addition, whilst payment/ donation of any funds may be made through WorldPay, we make no warranty as to its suitability and security for the making of such payment.  We will not be liable for any loss or damage that may arise from your use of any such websites.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.  This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We and our Affiliates shall only use any content you upload to our site to promote ourselves, our Affiliates, our members or your work. To the extent you upload or post any content which is covered by intellectual property rights (IP Content), you grant (and confirm you are able to grant) us and our Affiliates a worldwide, non-exclusive, royalty-free license to use any IP Content in this manner and for these purposes.  This licence ends when you delete your IP Content.  If you are not in a position to grant such a licence, please do not upload IP Content.  Any content you upload to our site will be considered non-confidential and we and our Affiliates have the unrestricted right to use, copy, distribute and disclose to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights or their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any content you upload or post on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

Viruses

We do not guarantee that our site will be secure or free from bugs or viruses.  You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. We reserve the right to withdraw linking permission without notice.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our site in any website that is not owned by you.  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact info@koestlertrust.org.uk

Third party links and resources in our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.   We have no control over the contents of those sites or resources.

Applicable law

Please note that, if you are a visitor to our site, these terms of use, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Each of the paragraphs of these terms of use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Contact us

To contact us, please email info@koestlertrust.org.uk

Thank you for visiting our site.