The following terms and conditions form the basis of the agreement between us ('Attain') and you (the 'User').
Our websites are owned by Chapel Studios Ltd ('Attain'), a company incorporated and registered in England and Wales with company number 4350755 and whose principal place of business is Oxford Centre for Innovation, New Road, Oxford, OX1 1BY.
Capitalised terms used in these Terms and Conditions are defined in clause 16.
'Attain' and the Attain logo are registered trademarks of Chapel Studios Ltd. All other trademarks are property of their respective owners.
- Rights and permission
All materials on our websites are subject to copyright and owned by or licensed to Attain. No content may be reproduced, copied or distributed by any means and in any form without the prior written permission of Attain.
Attain grants you a limited, non-exclusive, non-transferable licence to access and use our websites for information purposes and for personal, non-commercial, use. All other use is strictly prohibited.
This agreement does not grant the User any Intellectual Property Rights in respect of any Attain trademarks or logos.
The content provided on our websites is for information purposes only and Attain makes no warranty that it is accurate, complete or reliable.
Information provided does not constitute advice and should not be used as the basis for any decision or action.
Attain neither recommends nor endorses any third party referenced in the content.
Links to other websites are provided solely as a convenience and Attain has no control nor responsibility for the content or availability of any third party websites.
Some videos provided on our website by third parties may contain links to other videos and Attain has no control nor responsibility for this content.
If you access any third party websites or videos linked from content in our websites, you acknowledge that you do so entirely at your own risk.
The inclusion of any advert by Attain on its websites does not constitute any endorsement or recommendation of the Advertiser.
All advertisements are accepted subject to Attain's approval of the copy and the space being available. Attain reserves the right to omit or suspend an advertisement at any time and for any reason.
If Attain considers it necessary to modify the space or make any other alteration, the Advertiser will have the right to cancel if the modifications, alterations or changes proposed are unacceptable, unless such alterations are due to circumstances beyond Attain's control, in which case the advertiser will not have the right to cancel.
Every care is taken to avoid mistakes. Attain accepts no liability however for any errors, omissions or inaccurate copy instructions on the part of third parties or subcontractors. It will not compensate an Advertiser for advertisements which do not comply with the specifications.
The Advertiser warrants that its advertisement does not contravene any English law nor is it in any way illegal or defamatory or an infringement of any other party's rights or an infringement of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).
In addition to Clause 6, the Advertiser will indemnify Attain fully in respect of any claim arising from or in relation to an advertisement. Attain will consult the Advertiser as to the way in which such claims are to be handled.
Any sums due will be invoiced by Attain directly to the Advertiser and must be paid within 14 days of the invoice date.
Attain reserves the right to include a thin border around any artwork which is submitted without a clearly defined edge or which uses a white frame box.
- Attain's obligations
Attain does not warrant that your use of our websites and associated Services will be uninterrupted or error-free; or that the information obtained through our websites will meet your requirements.
Attain reserves the right to remove any content, or withdraw any Service, from our websites at any point, and without notice or any obligation to any User, at its sole discretion.
Attain is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that our websites may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- Your obligations
You warrant and represents to Attain that at all times when using our websites you will comply with all applicable laws and regulations.
When providing any information to Attain, such as when signing-up for any Services, you warrant that you will provide accurate information about your identity, including your full name and email address.
Furthermore, you will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of our websites in any form or media or by any means; or attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of our websites or services; or access all or any part of our websites in order to build a product or service which competes with the websites; or license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make our websites available to any third party.
You agree to defend, indemnify and hold harmless Attain, its Affiliates and any Associated Persons against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) and liabilities arising out of or in connection with your use of our websites, the associated Services, and your obligations under these terms.
- Limitation of Liability
Except as expressly and specifically provided in this Agreement, all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this Agreement; and our websites and any associated services are provided to the User on an 'as is' and 'as available' basis.
Attain shall not be liable whether in contract, tort (including negligence) breach of statutory duty or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss (in each case whether direct or indirect), nor for any indirect or consequential loss or damages however arising as a result of using our websites, the associated Services or in connection with this Agreement;
Attain's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Agreement shall in respect of events occurring in any Contract Year be limited to the total Subscription Fees or Advertising Fees paid or payable during such Contract Year.
Nothing in this Agreement excludes the liability of either Party for death or personal injury caused by a Party's negligence; or for fraud or fraudulent misrepresentation; or to the extent that such liability may not be excluded as a matter of applicable law.
Clause, schedule and paragraph headings shall not affect the interpretation of this Agreement. A person includes an individual, corporate or unincorporated body (whether or not having separate legal personality) and that person's legal and personal representatives, successors or permitted assigns. References to clauses and schedules are to the clauses and schedules of this Agreement. The words 'include' and 'including' are deemed to be followed by the words 'without limitation'.
- Force majeure
Attain shall have no liability to the User or any Advertiser under this Agreement if it is prevented from or delayed in performing its obligations under this Agreement, by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of Attain or any other Party), failure of a utility service or transport or telecommunications network, war, riot, civil commotion, pandemic or other public health emergency, malicious damage, hacking, denial-of-service attacks, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors, provided that you are notified of such an event and its expected duration.
- Variation and waiver
Attain may make changes to this Agreement at any time. Your continued use of our websites and associated Services constitutes your acceptance of any changes. Otherwise, no variation of this Agreement shall be effective unless it is in writing and signed by the Parties (or their authorised representatives). No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- Rights and remedies
Except as expressly provided in this Agreement, the rights and remedies provided under this Agreement are in addition to, and not exclusive of, any rights or remedies provided by law. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the Parties.
- Entire Agreement
This Agreement, and any documents referred to in it, constitute the whole Agreement between the Parties and supersede any previous arrangement, understanding or Agreement between them relating to the subject matter they cover. Each of the Parties acknowledges and agrees that in entering into this Agreement it does not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this Agreement or not) relating to the subject matter of this Agreement, other than as expressly set out in this Agreement.
The User shall not, without the prior written consent of Attain, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement. Attain may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this Agreement.
- Third party rights
This Agreement does not confer any rights on any person or party (other than the Parties and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Governing law and jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
The following definitions and rules of interpretation in this clause apply in this Agreement:
Attain: a trading name of Chapel Studios Ltd, a company incorporated and registered in England and Wales with company number 4350755.
Advertiser: means a third party who buys advertising space from Attain to promote goods and services on the website(s).
Advertising Fees: means any fees paid to Attain for the purchase of advertising space on the website(s).
Affiliate: means in relation to either Party, each and any subsidiary or holding company of that Party and each and any subsidiary of a holding company of that Party with the terms 'subsidiary' and 'hold company' being given their meaning as set out in section 1159 of the Companies Act 2006.
Agreement: means these Terms and Conditions together with any other document expressly incorporated by reference.
Associated Person: means the officers, directors, employees, agents, subsidiaries, representatives, subcontractors of Attain and its Affiliates.
Intellectual Property Rights: mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, trade marks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
Party: means the User or Attain (as applicable) and 'Parties' means both of them.
Services: means any advertising or marketing products offered by Attain to Users, subject to this Agreement.
Subscription Fees: means any fees paid by Users in order to access any part of this website or to receive any other subscription benefits.
Terms and Conditions: means the terms and conditions set out in clauses 1 to 16.
User: means any person who accesses this website and is therefore subject to these terms and conditions.
Last updated: 23rd September 2022