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TERMS & CONDITIONS

These terms and conditions are the contract between you and Cult.aka LTD (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

They are based on a set written by Net Lawman and released under licence. They protect your rights as well as ours.

I /We are Cult.AKA LTD, a company registered in the England, No. 13828150.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

 

The terms and conditions:

1. Definitions

In this agreement:

“Carrier” means any person or business contracted by us to carry Goods from us to you.

“Content” means any content in any form published on Our Website by us or any third party with our consent.

“Goods” means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.

“Our Website” means any website of ours, and includes all web pages controlled by us.

"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

 

2. Interpretation

In this agreement unless the context otherwise requires:

2.1 a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation;

2.2 these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you;

2.3 any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;

 

2.4 Except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person;

 

2.5 in this agreement references to a party include references to a person to whom those rights and obligations are transferred or passed as a result of a merger, division, reconstruction or other re-organisation involving that party;

 

2.6 the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation;

 

2.7 a reference to an act or regulation includes new law of substantially the same intent as that act or regulation;

2.8 in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party;

 

2.9 these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website;

2.10 this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

3.1 This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties;

3.2 Each party acknowledges that, in entering into this agreement, they do not rely on any representation, warranty, information or document or other term not forming part of this agreement;

3.3 If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you;

3.4 We do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods;

3.5 The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods;

3.6 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied;

3.7 We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

 

4. Acceptance of your order

4.1 Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order;

4.2 At any time before the Goods are despatched, we may decline to supply the Goods to you without giving any reason;

 

4.3 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may accept the alternatives we offer;

4.4 cancel all or part of your order.

5. Price and payment

5.1 The Price is as set out in the order;

5.2 It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price;

 

5.3 Prices include value added tax (“VAT”). If you show by your delivery address that you reside outside the United Kingdom, VAT will be deducted at the payment point;

5.4 If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it;

5.5 Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you;

5.6 Any information given by us in relation to exchange rates are approximate only and may vary from time to time;

5.7 If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you;

5.8 The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay;

5.9 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date when we accept that repayment is due.

6. Security of your credit card

We take care to make Our Website safe for you to use.

6.1 Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment;

 

6.2 If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7. Cancellation and refunds

This and the following paragraph apply if you buy as a consumer as defined in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”). Provided the Regulations apply to the transaction concerned, then the following terms apply to the contract.

7.1 We now inform you that information relating to all aspects of our Goods is not in this document but in our marketing material, whether that is in the medium of Our Website or in hard copy;

7.2 The following rules apply to cancellation of your order:

7.2.1 If you have ordered Goods, but not received them, you may cancel your order without giving a reason, at any time within 14 days of your order. You will have no obligation and we will return your money;

7.2.2 If you have ordered Goods, and received them, you may cancel your order at any time within 14 days of the date you received them. You must tell us that you wish to cancel. You must also send the Goods back to us within that same 14 day period;

7.2.3 We will return your money subject to the following conditions:

7.2.3.1 we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels                                and packaging intact;

7.2.3.2 you comply with our procedure for returns and refunds. We cannot return your money unless we know who sent them;

7.3 The option to cancel your order is not available:

7.3.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

7.3.2 if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed;

7.3.3 if the Goods are somehow mixed with other goods so that we cannot identify or easily separate them;

7.4 You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods;

7.5 In any of the above scenarios, we will return your money within 14 days.

8. Liability for subsequent defects

8.1 Please examine the Goods received from us immediately when you receive them. If you do not tell us of any defect or problem within 30 days of receipt of the Goods, we shall assume that you have accepted them;

8.2 The procedure to return the faulty Goods is as follows:

8.2.1 the Goods must be returned to us as soon as any defect is discovered but not later than six months from receipt by you;

8.2.2 before you return the Goods to us, please make sure to include all parts of them;

8.2.3 please follow the returns procedure which we will send to you as soon as you notify us that you wish to return them;

8.3 We will return your money subject to the following conditions:

8.3.1 we receive the Goods with labels and packaging intact;

8.3.2 you comply with our returns procedure. We cannot return your money unless we know who sent them;

8.3.3 you tell us clearly what is the fault you complain of, when it first became apparent, and other information to enable us to identify or reproduce it;

8.4 If any defect is found, then we shall:

 

8.4.1 repair or replace the Goods, or

8.4.2 refund the full cost you have paid including the cost of returning the Goods.

9. Delivery and pick up

9.1 Goods are delivered within 30 days from the day you place an order to purchase the Goods;

9.2 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery;

9.3 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery;

9.4 We may deliver the Goods in installments if they are not all available at the same time for delivery;

9.5 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us;

9.6 All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience;

9.7 Signing "Unchecked", "Not Checked" or similar is not acceptable;

9.8 Goods are sent by post. We will send you a message by email to tell you when we have despatched your order;

9.9 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery;

9.10 Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

10.Foreign taxes and duties

10.1  If you are not in the UK, we have no knowledge of, and no responsibility for, the laws in your country;

 

10.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

11.Goods returned

These provisions apply if you buy from us other than being a Consumer. The following rules apply to return the faulty Goods:

11.1 We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them;

 

11.2 Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets;

11.3 The Goods must be returned to us as soon as any defect is discovered but not later than 14 days;

11.4 So far as possible, Goods should be returned:

11.4.1 with both Goods and all packaging as far as possible in their original condition;

11.4.2 securely wrapped;

11.4.3 including our delivery slip;

11.4.4 at your risk and cost;

11.5 You must tell us by email message to info@cultaka.com that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint;

11.6 In returning faulty Goods please encloses with it a note clearly stating the fault and when it arises or arose;

11.7 If we agree that the Goods are faulty, we will:

11.7.1 refund the cost of return carriage;

11.7.2 repair or replace the Goods as we choose;

11.8 If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

12. Disclaimers

For customers based in the UK or EU:

 

12.1 The law differs from one country to another. This paragraph applies so far as the applicable law allows;

12.2 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied  condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term;

12.3 We make no representation or warranty for:

12.3.1 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

12.3.1 the adequacy or appropriateness of the Goods for your purpose;

 

12.4 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website;

12.5 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned;

12.6 We shall not be liable to you for any loss or expense which is:

12.6.1 indirect or consequential loss; or

12.6.2 economic loss or other loss of turnover, profits, business or goodwill, even if such loss was reasonably foreseeable or we knew you might incur it;

12.7 This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017, as well as to us;

12.8 If you become aware of any breach of any term of this agreement by any person, please tell us by email at info@cultaka.com. We welcome your input but do not guarantee to agree with your judgement.

For customers based outside the UK or EU:

 

12.9 The law differs from one country to another. This paragraph applies so far as the applicable law allows;

12.10 All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term;

12.11 We make no representation or warranty for:

12.11.1 the quality of the Goods;

12.11.2 any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

12.11.3 the correspondence of the Goods with any description;

12.11.4 the adequacy or appropriateness of the Goods for your purpose;

12.12 We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website;

12.13 We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it;

12.14 We make no representation or warranty and accept no responsibility in law for:

12.14.1 accuracy of any Content or the impression or effect it gives;

12.14.2 delivery of Content, material or any message;

12.14.3 privacy of any transmission;

12.14.4 any act or omission of any person or the identity of any person who introduces himself to you through Our Website;

12.14.5 any aspect or characteristic of any goods or services advertised on Our Website;

12.15 Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website;

12.16 We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first;

12.17 You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned;

12.18 This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us. Any of them may enforce this provision under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017;

12.19 If you become aware of any breach of any term of this agreement by any person, please tell us by email at info@cultaka.com. We welcome your input but do not guarantee to agree with your judgement;

12.20 Nothing in this agreement excludes liability for a party's fraud.

13. Your account with us 

13.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods;

13.2 If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account;

 

13.3 You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

14. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

14.1 be malicious or defamatory;

14.2 consist in commercial audio, video or music files;

14.3 be illegal, obscene, offensive, threatening or violent;

14.4 be sexually explicit or pornographic;

14.5 be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

14.6 give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

14.7 solicit passwords or personal information from anyone;

14.8 be used to sell any goods or services or for any other commercial use;

14.9 include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

14.10 link to any of the material specified above, in this paragraph;

14.11 send age-inappropriate communications or Content to anyone under the age of 18.

15. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

15.1 hyperlinks, other than those specifically authorised by us;

15.2 keywords or words repeated, which are irrelevant to the Content Posted;

15.3 the name, logo or trademark of any organisation other than yours;

15.4 inaccurate, false, or misleading information.

16. How we handle your Content

16.1 Our privacy policy is strong and precise. It complies fully with the Data Protection Act 2018 which is at the privacy policy section;

16.2 If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it;

16.3 Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information;

16.4 You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical;

16.5 Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you;

16.6 You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you;

16.7 You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential;

16.8 Please notify us of any security breach or unauthorised use of your account.

17. Removal of offensive Content

 

17.1 For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose;

17.2 We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason;

17.3 If you are offended by any Content, the following procedure applies:

17.3.1 Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email;

17.3.2 we shall remove the offending Content as soon as we are reasonably able;

17.3.3 after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

17.4 We may re-instate the Content about which you have complained or not.

17.5 In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit;

17.6 You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

18. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

18.1 modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;

18.2 link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

18.3 download any part of Our Website, without our express written consent;

18.4 collect or use any product listings, descriptions, or prices;

18.5 collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

18.6 aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

18.7 share with a third party any login credentials to Our Website;

18.8 Despite the above terms, we now grant a licence to you to:

18.8.1 create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary or trademark of ours as part of the link without our express written consent;

18.8.2 you may copy the text of any page for your personal use in connection with the purpose of Our Website.

19. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

19.1 your failure to comply with the law of any country;

19.2 your breach of this agreement;

19.3 any act, neglect or default by any agent, employee, licensee or customer of yours;

19.4 a contractual claim arising from your use of the Goods;

19.5 a breach of the intellectual property rights of any person.

20. Intellectual Property

20.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software);

20.2 Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part;

20.3 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person;

20.4 Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

21. Dispute resolution

The following terms apply in the event of a dispute between the parties:

21.1 If you are not happy with our services or have any complaint then you must tell us by email message to info@cultaka.com or an updated address which you will find on Our Website;

21.2 If a dispute is not settled as set out above, we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

22. Miscellaneous matters

22.1 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post;

22.2 Where we provide goods without specific charge to you, then it is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service;

22.3 If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms;

22.4 The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title;

22.5 No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future;

22.6 Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non- receipt has been received by the sender.

 

22.7 This agreement does not give any right to any third party under the Contracts (Rights of Third Parties) Act 1999 / Contracts (Rights of Third Parties) (Scotland) Act 2017 or otherwise;

22.8 Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond their reasonable control, including any labour dispute between a party and its employees;

22.9 In the event of any conflict between any term of this agreement and the provisions of the articles of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail;

22.10 The validity, construction and performance of this agreement shall be governed by the laws of England and Wales /  Scotland / Northern Ireland and you agree that any dispute arising from it shall be litigated only in that country.

Notice of right of cancellation: Right to Cancel and Model Cancellation Form

Information about your statutory right to cancel

Your right to cancel

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel this contract within 14 days without giving any reason.

The cancellation period will expire 14 days after the contract was made. That means you can cancel before you have downloaded the product or we have delivered it to you.

How to cancel

To meet the cancellation deadline, it is enough for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement, sent to us by e-mail.

You may use the attached model cancellation form, but you can use your own words as long as your intention is clear.

 

Model cancellation form

To Cult.aka LTD, Kemp House 152 City Road, London EC1V 2NX, info@cultaka.com,

I/We hereby give notice that I/we cancel my/our contract of sale of the following products [enter details of goods and any reference].

Ordered on [date]/received on [date],

Name: [enter name or names in which the order was made],

Address: [enter your address],

Signature: (only if this form is notified on paper)

Date: [date]

 

Privacy Policy

This is the privacy notice of CULT.AKA LTD, a company registered in the England, No. 13828150. (‘we’, ‘our’, or ‘us’).

 

Introduction

This notice describes how we collect, store, transfer and use personal data. It tells you about your privacy rights and how the law protects you.

In the context of the law and this notice, ‘personal data’ is information that clearly identifies you as an individual or which could be used to identify you if combined with other information. Acting in any way on personal data is referred to as ‘processing’.

This notice applies to personal data collected through our website and through social media platforms and online retail platforms, including Facebook and Instagram.

Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our website.

Personal data we process

1. How we obtain personal data

     

The information we process about you includes information:

  • you have directly provided to us

  • that we gather from third party databases and service providers

  • as a result of monitoring how you use our website or our services

   

2. Types of personal data we collect directly

When you use our website, our services or buy from us, for example, when you create an account on our website, we ask you to provide personal data. This can be categorised into the following groups:

  • personal identifiers, such as your first and last names, your title and your date of birth

  • contact information, such as your email address, your telephone number and your postal addresses for billing, delivery and communication

  • account information, including your username and password

  • payment information, such as a debit or credit card number and expiry date and bank account details

  • records of communication between us including messages sent through our website, email messages and telephone conversations

  • marketing preferences that tell us what types of marketing you would like to receive

 

3. Types of personal data we collect from third parties

We confirm some of the information you provide to us directly using data from other sources. We also add to the information we hold about you, sometimes to remove the need for you to provide it to us and sometimes in order to be able to assess the quality of the services you offer.

The additional information we collect can be categorised as follows:

  • information that confirms your identity

  • business information, including your business trading name and address, your company number (if incorporated), and your VAT number (if registered)

  • information that confirms your contact information

  • reviews and feedback about your business on other websites through which you sell your services

  • unsolicited complaints by other users

 

4. Types of personal data we collect from your use of our services

By using our website and our services, we process:

  • your username and password and other information used to access our website and our services

  • information you contribute to our community, including reviews

  • your replies to polls and surveys

  • technical information about the hardware and the software you use to access our website and use our services, including your Internet Protocol (IP) address, your browser type and version and your device’s operating system

  • usage information, including the frequency you use our services, the pages of our website that you visit, whether you receive messages from us and whether you reply to those messages

  • transaction information that includes the details of the products services you have bought from us and payments made to us for those services

  • your preferences to receive marketing from us; how you wish to communicate with us; and responses and actions in relation to your use of our services.

 

5. Our use of aggregated information

We may aggregate anonymous information such as statistical or demographic data for any purpose. Anonymous information is that which does not identify you as an individual. Aggregated information may be derived from your personal data but is not considered as such in law because it does not reveal your identity.

 

For example, we may aggregate usage information to assess whether a feature of our website is useful.

 

However, if we combine or connect aggregated information with your personal data so that it can identify you in any way, we treat the combined information as personal data, and it will be used in accordance with this privacy notice.

6. Special personal data

Special personal data is data about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data.

 

We may collect special personal data about you if there is a lawful basis on which to do so.

 

7. If you do not provide personal data we need

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform that contract.

In that case, we may have to stop providing a service to you. If so, we will notify you of this at the time.

The bases on which we process information about you

The law requires us to determine under which of six defined bases we process different categories of your personal data, and to notify you of the basis for each category.

If a basis on which we process your personal data is no longer relevant then we shall immediately stop processing your data.

If the basis changes then if required by law we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.

8. Information we process because we have a contractual obligation with you

 

When you create an account on our website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.

In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal data.

We may use it in order to:

  • verify your identity for security purposes when you use our services

  • sell products to you

  • provide you with our services

  • provide you with suggestions and advice on products, services and how to obtain the most from using our website

 

We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

 

We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.

9. Information we process with your consent

Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you more information about our business, including our products and services, you provide your consent to us to process information that may be personal data.

 

Wherever possible, we aim to obtain your explicit consent to process this information.

 

If you have given us explicit permission to do so, we may from time to time pass your name and contact information to selected associates whom we consider may provide services or products you would find useful.

 

We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.

 

You may withdraw your consent at any time by instructing us at info@cultaka.com. However, if you do so, you may not be able to use our website or our services further.

 

We aim to obtain and keep your consent to process your information. However, while we take your consent into account in decisions about whether or not to process your personal data, the withdrawal of your consent does not necessarily prevent us from continuing to process it. The law may allow us to continue to process your personal data, provided that there is another basis on which we may do so. For example, we may have a legal obligation to do so.

10. Information we process for the purposes of legitimate interests

We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.

 

Where we process your information on this basis, we do after having given careful consideration to:

  • whether the same objective could be achieved through other means

  • whether processing (or not processing) might cause you harm

  • whether you would expect us to process your data, and whether you would, in the round, consider it reasonable to do so

 

For example, we may process your data on this basis for the purposes of:

  • improving our services

  • record-keeping for the proper and necessary administration of our business

  • responding to unsolicited communication from you to which we believe you would expect a response

  • preventing fraudulent use of our services

  • exercising our legal rights, including to detect and prevent fraud and to protect our intellectual property

  • insuring against or obtaining professional advice that is required to manage organisational or business risk

  • protecting your interests where we believe we have a duty to do so

 

11. Information we process because we have a legal obligation

Sometimes, we must process your information in order to comply with a statutory obligation.

 

For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.

 

This may include your personal data.

12. Information we process to protect vital interests

In situations where processing personal information is necessary to protect someone’s life, where consent is unable to be given and where other lawful bases are not appropriate, we may process personal information on the basis of vital interests.

For example, we may inform relevant organisations if we have a safeguarding concern about a vulnerable person.

How and when we process your personal data

13. Your personal data is not shared

We do not share or disclose to a third party, any information collected through our website.

 

14. Information you provide

 

Our website allows you to post information with a view to that information being read, copied, downloaded, or used by other people.

For example, when you leave a review or post a message on our website, we reasonably assume that you consent for the message to be seen by others. We may include your username with your message, and your message may contain information that is personal data.

Other examples include:

  • tagging an image

  • clicking on an icon next to another visitor’s message to convey your agreement, disagreement or thanks

 

In posting personal data, it is up to you to satisfy yourself about the privacy level of every person who might use it.

 

We do not specifically use this information except to allow it to be displayed or shared.

 

We do store it, and we reserve a right to use it in the future in any way we decide.

 

We provide you with a public profile page, the information on which may be indexed by search engines or used by third parties. The information you provide on that profile page may be made available to the public.

 

Once your information enters the public domain, we have no control over what any individual third party may do with it. We accept no responsibility for their actions at any time.

 

Provided your request is reasonable and there is no legal basis for us to retain it, then at our discretion we may agree to your request to delete personal data that you have posted. You can make a request by contacting us at info@cultaka.com.

 

15. Payment information

Payment information is never taken by us or transferred to us either through our website or otherwise. Our employees and contractors never have access to it.

 

At the point of payment, you are transferred to a secure page on the website of Wix.com or some other reputable payment service provider. That page may be branded to look like a page on our website, but it is not controlled by us.

 

16. Job application and employment

If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.

If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.

17. Credit reference

To assist in combating fraud, we share information with credit reference agencies, so far as it relates to clients or customers who instruct their credit card issuer to cancel payment to us without having first provided an acceptable reason to us and given us the opportunity to refund their money.

18. Service providers and business partners

We may share your personal data with businesses that provide services to us, or with business partners.

 

As examples:

  • we may pass your payment information to our payment service provider to take payments from you

  • we may use fraud prevention agencies and credit reference agencies to verify your identity and we may pass your information to those agencies if we strongly suspect fraud on our website

  • we may pass your contact information to advertising agencies to use to promote our services to you

 

19. Referral partners

This is information given to us by you in your capacity as an affiliate of us or as a referral partner.

 

It allows us to recognise visitors that you have referred to us, and to credit to you commission due for such referrals. It also includes information that allows us to transfer commission to you.

 

The information is not used for any other purpose.

 

We undertake to preserve the confidentiality of the information and of the terms of our relationship.

 

We expect any affiliate or partner to agree to reciprocate this policy.

 

 

Use of information we collect through automated systems

20. Cookies

Cookies are small text files that are placed on your computer's hard drive by your web browser when you visit a website that uses them. They allow information gathered on one web page to be stored until it is needed for use at a later date.

 

They are commonly used to provide you with a personalised experience while you browse a website, for example, allowing your preferences to be remembered.

 

They can also provide core functionality such as security, network management, and accessibility; record how you interact with the website so that the owner can understand how to improve the experience of other visitors; and serve you advertisements that are relevant to your browsing history.

 

Some cookies may last for a defined period of time, such as one visit (known as a session), one day or until you close your browser. Others last indefinitely until you delete them.

 

Your web browser should allow you to delete any cookie you choose. It should also allow you to prevent or limit their use. Your web browser may support a plug-in or add-on that helps you manage which cookies you wish to allow to operate.

 

The law requires you to give explicit consent for use of any cookies that are not strictly necessary for the operation of a website.

 

When you first visit our website, we ask you whether you wish us to use cookies. If you choose not to accept them, we shall not use them for your visit except to record that you have not consented to their use for any other purpose.

 

If you choose not to use cookies or you prevent their use through your browser settings, you may not be able to use all the functionality of our website.

 

We use cookies in the following ways:

  • to track how you use our website

  • to record whether you have seen specific messages we display on our website

  • to keep you signed in to our website

  • to record your answers to surveys and questionnaires on our site while you complete them

  • to record the conversation thread during a live chat with our support team

 

21. Personal identifiers from your browsing activity

Requests by your web browser to our servers for web pages and other content on our website are recorded.

 

We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.

 

We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.

 

If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.             

 

22. Re-marketing

Re-marketing involves placing a ‘tracking technology’ such as a cookie, a ‘web beacon’ (also known as an ‘action tag’ or a ‘single-pixel GIF’) to track which pages you visit and to serve you relevant adverts for our services when you visit some other website.

The benefit of re-marketing technology is that we can provide you with more useful and relevant adverts, and not show you ones repeatedly that you may have already seen.

We may use a third-party advertising service to provide us with re-marketing services from time to time. If you have consented to our use of such tracking technologies, you may see advertisements for our products and services on other websites.

We do not provide your personal data to advertisers or to third-party re-marketing service providers. However, if you are already a member of a website whose affiliated business provides such services, that affiliated business may learn of your preferences in relation to your use of our website.

Other matters

23. Your rights

The law requires us to tell you about your rights and our obligations to you in regard to the processing and control of your personal data.

 

We do this now, by requesting that you read the information provided at http://www.knowyourprivacyrights.org

 

24. Use of our services by children

We do not sell products or provide services for purchase by children, nor do we market to children.

 

If you are under 18, you may use our website only with consent from a parent or guardian.

 

We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children.

 

25. Encryption of data sent between us

We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us.

 

Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.

 

26. Delivery of services using third party communication software

With your consent, we may communicate using software provided by a third party such as Facebook (WhatsApp), Apple (Facetime), Microsoft (Skype) or Zoom Video Communications (Zoom).

Such methods of communication should secure your personal data using encryption and other technologies. The providers of such software should comply with all applicable privacy laws, rules, and regulations, including the GDPR.

 

If you have any concerns about using a particular software for communication, please tell us.

 

27. Data may be processed outside the UK

Our websites are hosted in the Unites Kingdom.

We may also use outsourced services in countries outside the UK from time to time in other aspects of our business.

 

Accordingly data obtained within the UK or any other country could be processed outside the UK.

 

28. Control over your own information

It is important that the personal data we hold about you is accurate and up to date. Please inform us if your personal data changes.

At any time, you may contact us to request that we provide you with the personal data we hold about you.

 

At any time you may review or update personally identifiable information that we hold about you, by signing in to your account on our website.

 

To obtain a copy of any information that is not provided on our website you should contact us to make that request.

 

When we receive any request to access, edit or delete personal data we first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.

 

Please be aware that we are not obliged by law to provide you with all personal data we hold about you, and that if we do provide you with information, the law allows us to charge for such provision if doing so incurs costs for us. After receiving your request, we will tell you when we expect to provide you with the information, and whether we require any fee for providing it to you.

 

If you wish us to remove personally identifiable information from our website, you should contact us to make your request.

This may limit the service we can provide to you.

 

We remind you that we are not obliged by law to delete your personal data or to stop processing it simply because you do not consent to us doing so. While having your consent is an important consideration as to whether to process it, if there is another legitimate basis on which we may process it, we may do so on that basis.

 

29. Communicating with us

When you contact us, whether by telephone, through our website or by email, we collect the data you have given to us in order to reply with the information you need.

We record your request and our reply in order to increase the efficiency of our business.

 

We may keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.

 

30. Complaining

If you are not happy with our privacy policy, or if you have any complaint, then you should tell us.

 

When we receive a complaint, we record the information you have given to us on the basis of consent. We use that information to resolve your complaint.

 

We aim to investigate all complaints relating to user generated content. However, we may not be able to do so as soon as a complaint is made. If we feel that it is justified or if we believe that the law requires us to do so, we shall remove the content while do so.

 

Making a complaint may not result in the removal of the content. Ultimately, we have to make a judgment as to whose right will be obstructed: yours, or that of the person who posted the content that offends you.

 

If we think your complaint is vexatious or without any basis, we shall not correspond with you about it.

 

If your complaint reasonably requires us to notify some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion whether we do give information, and if we do, what that information is.

 

We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.

 

If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration.

 

If you are in any way dissatisfied about how we process your personal data, you have a right to lodge a complaint with the Information Commissioner's Office (ICO). This can be done at https://ico.org.uk/make-a-complaint/. We would, however, appreciate the opportunity to talk to you about your concern before you approach the ICO.

 

31. Retention period

Except as otherwise mentioned in this privacy notice, we keep your personal data only for as long as required by us:

  • to provide you with the services you have requested

  • to comply with other law, including for the period demanded by our tax authorities

  • to support a claim or defence in court

 

32. Compliance with the law

 

Our privacy policy complies with the law in the United Kingdom, specifically with the Data Protection Act 2018 (the ‘Act’) accordingly incorporating the EU General Data Protection Regulation (‘GDPR’) and the Privacy and Electronic 

Communications Regulations (‘PECR’).

33. Review of this privacy policy

We shall update this privacy notice from time to time as necessary.

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