WEBSITE TERMS AND CONDITIONS
1. This site is owned and operated by Altostratus Locations Limited (“we” or “us”). These Terms and Conditions govern your use of the www.altostratus.co.uk website (our “Site”), and govern your relationship with us.
2. All activities and actions performed on our Site are subject to these Terms and Conditions. All users, both registered and unregistered visitors, are subject to these Terms and Conditions. By using or registering with our Site you enter into a binding contract with us on the following Terms and Conditions. If you do not accept these Terms and Conditions, you should not use our Site.
Registering with and accessing our Site
3. To have full access to our Site you may be required to register with our Site.
4. You are not eligible and must not register with our Site if you are under 18 years of age.
5. You agree to provide true, accurate, current and complete information about yourself when registering with our Site and agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.
6. You are responsible for maintaining the confidentiality of any username and/or password provided to you. You agree to be responsible for any unauthorized use resulting from a failure on your part to maintain the confidentiality of any username and/or password provided to you. You agree to immediately notify us of any unauthorized use of your username and/or password.
7. We reserve the right, at our sole discretion, to refuse any request for registration with our Site.
8. Use of our Site is provided to you free of charge but you will be required to pay fees when you book for hire any property advertised on our Site or carry out an inspection of any property advertised on our Site.
9. A fee shall be payable (an “Agent’s Fee”) each time you place a booking for the hire of any property advertised on our Site (other than Altostratus Penthouse). Library Fees are published on our Site and, subject to clause 38 of these Terms and Conditions, are non-refundable.
10. In addition to the Agents Fee a hire fee (a “Hire Fee”) shall be payable when you place a booking for the hire of any property advertised on our Site. Full details of our fees are available upon request, will vary from location to location and are subject to negotiation. Discounts may be available for time spent preparing and reinstating the property. Additional fees will be payable for any overrun or extension of a hire period, a damage deposit will be required and in certain circumstances additional administration fees will be payable. Any Hire Fees on our Site are published on our Site for guidance purposes only.
11. In the event of use by you of a property introduced to you by us (whether written or oral and whether or not you had knowledge of that property before the introduction), or in the event that you pass on the details (directly or indirectly) of a property or a hirer to another person firm or corporation, including any subsidiary, associated or holding company of yours, resulting in the use of the property by that person, firm or corporation you shall immediately notify us and pay to us a fee (an “Introduction Fee”) if the use occurs within twelve months of the introduction to you of the property. The Introduction Fee shall be calculated in accordance with our hire fees. No refund of the Introduction Fee will be made by us in the event of the subsequent termination of such use of the property.
12. A fee shall be payable when you carry out an inspection of any property advertised on our Site.
13. Prices do not include VAT unless otherwise stated.
14. We may at any time change our fees.
Booking procedure for properties advertised on our Site
14. We recommend that before placing a booking with us you carry out an inspection of the property. Arrangements to inspect a property should be made through ourselves and you agree to keep confidential any contact details of the hirer or details of the property provided by us and only use such details for the purposes of carrying out an inspection of the property.
15. The person in charge on the day of an inspection or a shoot may be required to provide evidence of their identity.
16. It is your responsibility to satisfy yourself that a particular property is suitable for your needs and that all necessary permissions have been granted before placing a booking. You should not rely on any statement or image on our Site or any statement made by us.
17. When carrying out an inspection of a property it is your responsibility to take reasonable care of your own property and the property itself including its contents, comply with any conditions or restrictions notified to you and comply with all health and safety legislation.
18. When carrying out an inspection of a property you are permitted, unless we state otherwise, to take photographs of the property for the purposes of planning a photo shoot or film only and any photographs taken during an inspection may not be used for financial or personal gain.
19. We do not guarantee that any property advertised on our Site will be available. We recommend that you contact us to establish the availability of any property you wish to hire at your earliest opportunity.
20. Upon placing a booking you will be required to sign a Location Hire Agreement and pay the Agents Fee, Hire Fee and Damage Deposit. You will also need to provide us with evidence that you have sufficient public liability insurance cover. We recommend that you sign and return to us the Location Hire Agreement, pay the Hire Fee, the Agents Fee and the Damage Deposit and provide us with evidence of your public liability insurance at your earliest opportunity to ensure the availability of the property.
21. Upon signing the Location Hire Agreement any terms contained in the Location Hire Agreement shall prevail in the event of any conflict with these Terms and Conditions.
22. We recommend the appointment of a suitably qualified Location Manager to oversee the booking and hire process.
Advertising properties on our Site
23. Advertisers of properties on our Site agree to ensure that material submitted for inclusion on our Site complies with any applicable national or international laws or regulations or codes. We do not accept responsibility for any errors or inaccuracies contained in advertising material.
24. We reserve the right in our sole discretion to remove or refuse to publish any advertisement for any reason whatsoever at any time and without notice.
25. You understand that you are responsible for all data, text, software, music, sound, photographs, graphics, chat, video, messages or other materials (“Content”), communicated by you whether publicly posted or privately transmitted. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any content including any reliance on its accuracy or completeness.
26. You agree not to:
26.1. Upload, post, email or submit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, seditious, vulgar, pornographic, abusive, obscene, libellous, invasive of another’s privacy, hateful, embarrassing to another person or entity or racially, ethnically or otherwise objectionable or which may cause annoyance, distress or inconvenience to any person.
26.2. Upload, post, email or submit Content that infringes any intellectual property rights of others or that reveals trade secrets or that infringes the publicity rights of others without first obtaining their permission;
26.3. Upload, post, email or submit Content that you have not obtained all necessary licences and/or approvals.
26.4. Upload, post, email or submit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
26.5. Upload, post, email or submit sexually explicit Content or Content that harms or may harm minors in any way;
26.6. Upload, post, email or submit Content which is inaccurate or misleading;
26.7. Impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;
26.8. Upload, post, email or submit Content contains computer viruses, logic bombs, Trojan Horses, worms, harmful components, corrupted data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
26.9. Violate any applicable national or international laws or regulations.
26.10. Misuse our Site (including, but not limited to, hacking into our Site)
27. We reserve the right in our sole discretion to remove or refuse to publish any Content for any reason whatsoever at any time and without notice.
28. You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities including any legal costs arising from any third party claim in relation to any content you upload, post or email or submit on or through our Site, or arising from any breach by you of these Terms and Conditions.
29. All content on this Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and the selection and arrangement thereof, are the proprietary property of Altostratus Locations Limited or its clients, with all rights reserved.
30. As a user, visitor or contractor you agree not to sell or modify the material on our Site or copy, reproduce, republish, display, download, post, broadcast, transmit, publicly perform, distribute, store or in any way hold yourself out as having any right to do any of the foregoing, or otherwise use the material in any way for any public or commercial purpose without the express written permission of Altostratus Locations Limited.
31. You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or in part) you upload, post or submit and/or to incorporate such Content in other works in any form, media or technology. You waive any moral rights in any Content you submit to us.
32. You are permitted to print and download extracts from our Site for your own personal use provided that:
32.1. you do not modify, adapt, edit, crop or alter in any way any material on our Site;
32.2. any graphics you print or download from our Site are accompanied by any text relating to such graphics which is displayed on our Site;
32.3. the copyright owner is identified in the material printed or downloaded from our Site.
33. You are permitted to add a link from your own website to our Site provided that:
33.1. you do not imply that we endorse any products or services other than our own;
33.2. you do not misrepresent your relationship with us;
33.3. you do not make any false, misleading or defamatory statement about us;
33.4. you do not create a frame or any other browser or border environment around this Site;
33.5. you do not remove, distort or otherwise alter the size or appearance of our logo;
33.6. your own website does not contain any content that is unlawful, harmful, threatening, abusive, harassing, controversial, tortuous, vulgar, obscene, invasive of another’s privacy, hateful, embarrassing to another person or entity or racially, ethnically or otherwise objectionable;
33.7. your website does not infringe any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
33.8. we have not revoked your right to link our Site to yours.
34. You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities including any legal costs arising from any third party claim in relation to any breach by you of these Terms and Conditions.
36. You may at any time terminate your registration with us by giving notice to us of your wish to terminate. We will implement any such request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund of any fees paid by you.
37. We reserve the right to suspend or terminate your registration and to deny access to our Site or any part of our Site at any time and for any reason whatsoever without notice.
38. We are committed to the protection of our staff and reserve our right to terminate the supply of any services provided by us in the event of abusive, threatening or harassing behaviour directed towards our staff. A termination under this clause does not give right to any refund of any fees paid by you.
Right to cancel under the Distance Selling Regulations
39. If you are a ‘consumer’ as defined in the Consumer Protection (Distance Selling) Regulations 2000 and are a resident within the European Union we will provide you with a refund of any payment made by you under these Terms and Conditions provided that you give us written notice within 7 working days of making payment. Any refund will be provided to you within 30 days of receipt by us of such notice. However, this right of cancellation does not apply once you have started to use the services provided by us.
Exclusions and limitations
40. We do not represent or warrant that:
40.1. access to our Site, or any part of it will be uninterrupted, reliable or fault free;
40.2. our Site or any of its contents (including the contents of the location library) will be accurate, complete, reliable, true or suitable for any purpose;
40.3. we endorse any opinions expressed by users of the Site;
40.4. any property advertised on our Site will be available or suitable for hire by you; or
40.5. any services (whether or not provided by us) will be provided with due care and skill.
41. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
41.1. any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site or any information on our Site (including the contents of the location library);
41.2. any property advertised on our Site being unsuitable for your needs;
41.3. the unavailability of our Site (or any part of it) or any services provided through our Site (including the availability of any property advertised on our Site);
41.4. any delay in providing, or failure to provide or make available services or any negligent provision of services;
41.5. any misrepresentation on or relating to our Site or any services.
41.6. any viruses computer viruses, logic bombs, Trojan Horses, worms, harmful components, corrupted data or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
42. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
43. You agree that each of these limitations and exclusions is reasonable having regard to the nature of our Site.
44. None of the exclusions or limitations shall exclude or restrict our liability for death or personal injury caused by our negligence or shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our Site or services to you.
45. Our Site may contain certain links, including hypertext links, which will take you outside our Site. Any links provided are for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our Site.
46. Each of these exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
48. We reserve the right at any time without notice to revise the content of our Site and these Terms and Conditions. Any changes to these Terms and Conditions will be posted on our Site and by continuing to use our Site you agree to be bound by any such revised Terms and Conditions.
49. Any notices you wish to send to us should be sent to us by email at firstname.lastname@example.org or by post at 1 Tower House, Tower Centre, Hoddesdon, Hertfordshire EN11 8UR.
50. Any notices that we may wish to draw to your attention will be displayed on our Site.
51. If any part of these Terms and Conditions unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
52. We may assign any and all rights, benefits or burdens under these Terms and Conditions as we deem fit without any prior notice to you.
Third party rights
53. Except for our affiliates, directors, employees or representatives, a person who is not a party to an agreement made under which these Terms and Conditions are incorporated has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms and Conditions but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.
54. These Terms and Conditions shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.