Terms & Conditions

This Website is owned and operated by Visualise Creative Ltd, (Regd No 05813232) whose registered office is at Second Home, 68 Hanbury Street, Shoreditch, London, E1 5JL . (“Visualise”, “VCL”, “We”, “Us”, “Our”) and or its subcontractors.

The following terms and conditions apply to all transactions on the Visualise website www.visualise.com (‘’Website’’).

This Website includes content and data privileges accessed using the Website. VCL enables users of the Website (“You”, “Your”) to have access to such data on these terms only. The use of this Website indicates your acceptance of these terms and conditions. Please read them carefully and print a copy for future reference.

Data Protection & Privacy

Any details which You provide to VCL from which We can identify You are held and processed in accordance with our Data Protection Registration, and you hereby confirm your irrevocable consent to use Your personal Data for the processing of any transactions envisaged by these Terms.

Personal data, including but not limited to profiles of users, retailer, service provider access patterns may be used by Us for the purposes of providing targeted offers and promotions to You both by tailoring of the online presence and also, where You have opted in to receive email & SMS marketing, by targeted email & SMS marketing. This information is limited to first and last name and, if relevant, unique identifier (such as your IP address). Further details are set out in our Privacy Policy including details of how to obtain a copy of all personal data that we hold about you.

Our web-player uses Flash or HTML5 or both, it is the client’s responsibility to test compatibility before using these plugins. Our 360 Video SDK for iPads is built in X-Code, it is the client’s responsibility to test compatibility with their own systems before using. Example/demo content can be provided on request.

IP Addresses and Cookies

A cookie is a small amount of data, which often includes a unique identifier that is sent to your computer or mobile phone (referred to here as a “device”) browser from a website’s computer and is stored on your device’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a website to access the cookies it has already sent to you, not the cookies sent to you by other websites. Many websites do this whenever a user visits their website in order to track online traffic flows.

On the VCL websites, cookies record information about your online preferences and allow us to tailor our services to your interests. You have the opportunity to set your devices to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. The use of the last of these options means that certain personalised features cannot then be provided to You and accordingly You may not be able to take full advantage of all of the our Website or the third party website’s features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.

During the course of any visit to Website, the webpages you see, along with a cookie, are downloaded to your device. The majority of websites do this, because cookies enable website publishers to do useful things like find out whether the device (and probably its user) has visited the website before. This is done on a repeat visit by checking to see, and finding, the cookie left there on the last visit.

Our Website may contain embedded “Share” buttons or software code to enable users of our Website to connect to popular social network providers. These third party sites may set cookies or other monitors that track your use of their service. VCL does not control the use of these cookies and you should check with the relevant third party website you are using for the terms that they impose on you.

Information Security

VCL employ up to date electronic and physical security to try to ensure that Your data is kept secure in accordance with the Data Protection Act and Computer Misuse Act. Whilst we use commercially reasonable efforts to check for the most commonly found viruses, worm, and or trojan horses, or other newly created viruses we are not in a position to confirm that this Website and any links to it will be free from such viruses and cannot accept any liability in this regard due to the fast changing nature of such threats.  We therefore recommend that you carry out your own virus checks, particularly before opening any link or using the Website.

 

Accuracy of Product Information

All product specifications, images and other information published on our website have either been made accessible by us using our advanced photographic and media technologies, suppliers, manufacturers, publications, publicists, or been gathered from public-domain sources. Our intention is that all information on the website should be as accurate and up to date as possible. However, VCL cannot guarantee the reliability or the accuracy of the information contained within its pages. We may monitor or record calls between You and VCL’s Helpdesk to confirm that Your instructions have been carried out correctly and to help improve the quality of service.

Limitation of Liability

The Website, the Services and the subject matter contained on the Website pages (“Content”) are provided on an “as is” basis. We cannot guarantee and make no representation or warranty that the Website, the Services, community and the Content will meet Your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, that the Website, including without limitation any downloads from it, or the server that makes it available, are free of viruses or bugs and will not cause interruptions to Your computer systems or that the Content will be accurate, complete or reliable. The use of the same is at Your own risk. If you become aware of any inaccuracies or errors in the Content, please notify Us by contacting admin@visualise.com .

You should verify any Content obtained from this Website before acting upon it. All other warranties, terms and conditions, whether express or implied, statutory or otherwise relating to the Website, the Services and the Content or sites accessed through this Website are excluded to the extent permitted by law.

Notwithstanding any other provisions of these Terms, We do not exclude or limit Our liability for death or personal injury caused by Our negligence or for fraud or in respect of any other liability which cannot be excluded or restricted by law.

Except in relation to liability for death, personal injury, fraud or fraudulent misrepresentation Our total liability to You arising out of or in connection with these Terms and Your use of or inability to use the Website, the Services or the Content (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall not exceed ten pounds (£10).

To the extent permitted by law, and subject to liability for death, personal injury, fraud or fraudulent misrepresentation We do not accept responsibility or liability (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising out of Your use of or inability to use the Website, the Services or the Content for: (i) any loss of profit; or (ii)  loss of data; or (iii)  loss of goodwill; or (iv) loss of business opportunities ; or (v) loss of anticipated savings or benefits ; or (vi)  business interruption ; (vii) or for any type of indirect, special or consequential loss, even if that loss or damage was reasonably foreseeable or We were aware of the possibility of that loss or damage arising.

We may provide links to other websites or resources operated by other organisations, including but not limited to the Services and Content (“Third Party Website”). Using a link means that You will leave Our Website. These links are provided solely as a convenience to You and not as an endorsement by Us of the content on such Third Party Websites. We make no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software or service found at any Third Party Website. The products and services offered on such websites, if any, will be subject to the terms and conditions referred to on such Third Party Websites.

You acknowledge that We will not be party to any transaction, contract or any other arrangement with a third party that You may enter into through or as a result of use of the Website or the Services and that We shall have no liability to You in respect of any such transaction, whether arising in contract, tort, under statute or otherwise. You undertake that You will not involve Us in any dispute between Yourselves and such third party.

Typographical Errors

VCL will try to ensure that the information that it provides on the Website is accurate and up-to-date. In the event a product is listed at an incorrect price due to typographical error or error in pricing information from our suppliers, taxes or duty changes, we shall have the right to refuse or cancel any orders listed at the incorrect price, prior to contracting.  The information provided on the Website from third parties are the views expressed direct from those third parties and not the views of VCL and VCL does not necessarily endorse those views. You are responsible for evaluating all available information and for any decisions that You make as a result. To the extent permissible by law VCL excludes all liability for any illegality arising from or error, omission or inaccuracy in such material and VCL takes no responsibility for such material.

Commercial Use

VCL provides You with the information and Services on the Website for Your own use. You are not entitled to use or distribute the information on the Website site for any purpose other than for Your own personal use. Use of any content of the Website for any other purpose, including any commercial purpose whatsoever, is contrary to these Terms. You must not display the contents of the Website in a frame surrounded by other media or adverts that VCL has not originated or approved.

Changes

VCL may modify the Website from time to time for any reason and without notice including the right to terminate all or part of the Website with or without notice without incurring any liability to You. We reserve the right to modify these Terms from time to time without notice by posting the amended terms and conditions on the Website. You agree to check these Terms several times each year so that You will be aware of any changes and Your continued use of the Website will mean that You agree to the changes made.

Intellectual Property Rights

The names, images and logos identifying VCL, its customers, subcontractors, suppliers, agents, licensors, resellers and their products and services are subject to commercial business rights called copyright, design rights, patents, database rights and trademarks owned by the respective parties. These rights mean that the party who owns them can insist that they are treated in certain ways in order to protect their ownership of those rights. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, and usage or otherwise any license or right to use any trademark, patent, design right or copyright of VCL, its subcontractors or Licensors. Unless otherwise specified the copyright in the contents of all the pages in this web site are owned or licensed to VCL.

Unless otherwise specified, the authors of the literary and artistic works in the pages in this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

VCL remain the copyright holders of all work produced, this includes all:- 360 Photography/Photography, – 360 Video/Video, – Post Production, – Website Design, – CGI, – Software, – Printed Media, – Virtual Tours (HTML5/Flash formats), – Apps.

VCL retain all intellectual property (IP) on all projects and reserve the right to display on it’s work the standard copyright logo (c) plus year of creation and the words ‘Powered by VISUALISE’ or similar phrases.

All work produced by VCL can only be used as agreed during the initial project discussions. If the work produced is used in a way that may be in conflict with VCL’s working ethics or practices or used in direct competition we reserve the right as copyright holders to repossess work created. Content created as part of our white label service and / or regular service must not be used to sell content that will not be created by VCL. Finished projects may be featured on our website. This also applies to any ‘’white labelled’’ work, unless agreed otherwise in writing.

 

Termination or Suspension of Service

In the event that you breach any of these Terms and VCL seems to take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms.

If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provision of these Terms shall not be affected.

We reserve the right to close or suspend the Services at any time. We will usually try to give 30 days’ notice of termination or suspension, in which case You will be notified that the website is closing.

Applicable Law and Entire Agreement

This Website is controlled, operated and administered by VCL from its offices within the United Kingdom. VCL makes no representation that materials at this site are appropriate or available for use at other locations outside of the United Kingdom and access to them from territories where their contents are illegal is prohibited. Your use of the Services and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licenses and conditions of use.

 

Contact Details

Visualise Creative Ltd. (Regd No 05813232) whose registered office is at Second Home, 68 Hanbury Street, London, E1 5JL, VAT Reg No        .

www.visualise.com

© 2008-2015 Visualise Creative Ltd and the Visualise logo are registered trademarks of Visualise Creative Ltd, All Rights Reserved. (v19.8.2015)