Terms and Conditions

1. These terms and conditions (‘T&Cs’) shall govern your use of our website.

 

2. By using our website, you accept these T&Cs in full; accordingly, if you disagree with these T&Cs or any part of T&Cs, you must not use our website.

2.2 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

3. Copyright notice

3.1 Copyright (c) The Offbeat Agency 2019.

3.2 Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4. Licence to use website

4.1 You may: (a) view pages from our website in a web browser; (b) stream audio and video files from our website; subject to the other provisions of these terms and conditions.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these T&Cs, you must not download any material from our website or save any such material to your computer.

4.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

4.4 Except as expressly permitted by these T&Cs, you must not edit or otherwise modify any material on our website.

4.5 Unless you own or control the relevant rights in the material, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website.

4.6 Notwithstanding Section 4.5, you may redistribute our Updates in print and electronic form to any person.

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5. Acceptable use

5.1 You must not: (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

5.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6. Limitations and exclusions of liability

6.1 Nothing in these T&Cs will: (a) limit or exclude any liability for fraud or fraudulent misrepresentation; (b) limit any liabilities in any way that is not permitted under applicable law; or (c) exclude any liabilities that may not be excluded under applicable law.

6.2 The limitations and exclusions of liability set out in this Section 6 and elsewhere in these T&Cs: (a) are subject to Section 6.1; and (b) govern all liabilities arising under these T&Cs or relating to the subject matter of these T&Cs, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these T&Cs.

6.3 To the extent that our website and the information on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

7. Breaches of these T&Cs

7.1 Without prejudice to our other rights under these T&Cs, if you breach these T&Cs in any way, or if we reasonably suspect that you have breached these T&Cs in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website.

 

8. Variation

8.1 We may revise these T&Cs from time to time.

8.2 The revised T&Cs shall apply to the use of our website from the date of publication of the revised T&Cs on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these T&Cs.

 

9. Assignment

9.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these T&Cs.

9.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these T&Cs.

 

10. Severability

10.1 If a provision of these T&Cs is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

10.2 If any unlawful and/or unenforceable provision of these T&Cs would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

11. Entire agreement

11.1 Subject to Section 6.1, these T&Cs, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

12. Law and jurisdiction

12.1 These T&Cs shall be governed by and construed in accordance with Portuguese Law.

12.2 Any disputes relating to these T&Cs shall be subject to the exclusive jurisdiction of the courts of Lisbon.

 

13. Our details

13.1 This website is owned and operated by Joanna Lee registered in Lisbon, Portugal.

13.2 You can contact us by email at hello@theoffbeatagency.com

CONTACT Me

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