Legal

Project Tobong (“We”) are committed to protecting and respecting your privacy.

This policy (together with our terms of use WEBSITE TERMS OF USE and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. We keep certain basic information when you visit our website and recognise the importance of keeping that information secure and letting you know what we will do with it.

For the purpose of the Data Protection Act 1998 (the Act), the data controller is Project Tobong of ACME Studio, Matchmakers Wharf, Homerton Road, Hackney, London E95GP

This policy only applies to our site. If you leave our site via a link or otherwise, you will be subject to the policy of that website provider. We have no control over that policy or the terms of the website and you should check their policy before continuing to access the site.

Information we may collect from you

We may collect and process the following data about you:

Information that you provide by filling in forms on our site www.projecttobong.com This includes information provided at the time of registering to use our site, subscribing to our service or requesting further services. We may also ask you for information when you report a problem with our site.

If you contact us, we may keep a record of that correspondence.

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Details of your visits to our site including, but not limited to, traffic data, location data, weblogs, operating system, browser usage and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

IP addresses and cookies

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual and we will not collect personal information in this way.

We may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalised service. They enable us:

To estimate our audience size and usage pattern.

To store information about your preferences, and so allow us to customise our site according to your individual interests.

To speed up your searches.

To recognise you when you return to our site.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of our site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

To ensure that content from our site is presented in the most effective manner for you and for your computer.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service.

We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by [post or telephone].

If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data.

Disclosure of your information

We may disclose your personal information to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at studio@thepeoplespicture.com

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. However, we advise that you check this page regularly to keep up to date with any necessary changes.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to artist@projecttobong.com

Website disclaimer

1. Introduction

1.1 This disclaimer shall govern your use of our website.

1.2 By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

1.3 [Our website uses cookies; by using our website or agreeing to this disclaimer, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy].]

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Copyright notice

3.2 Subject to the express provisions of this disclaimer:

(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) download pages from our website for caching in a web browser; and

subject to the other provisions of this disclaimer.

4.2 Except as expressly permitted by Section 4.1 or the other provisions of this disclaimer, 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 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;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

4.5 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;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) [access or otherwise interact with our website using any robot, spider or other automated means;]

(f) [violate the directives set out in the robots.txt file for our website; or]

(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).]

5.2 [You must not use data collected from our website to contact individuals, companies or other persons or entities.]

5.3 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. Limited warranties

6.1 We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

6.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

6.3 To the maximum extent permitted by applicable law and subject to Section 7.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

7. Limitations and exclusions of liability

7.1 Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under applicable law.

7.2 The limitations and exclusions of liability set out in this Section 7 and elsewhere in this disclaimer:

(a) are subject to Section 7.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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

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

7.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

7.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.

7.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.8 [You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or this disclaimer (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).]

8. Variation

8.1 We may revise this disclaimer from time to time.

8.2 The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

9. Severability

9.1 If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

9.2 If any unlawful and/or unenforceable provision of this disclaimer 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.

10. Law and jurisdiction

10.1 This disclaimer shall be governed by and construed in accordance with [English law].

10.2 Any disputes relating to this disclaimer shall be subject to the [exclusive / non-exclusive] jurisdiction of the courts of [England].

11. Statutory and regulatory disclosures

12. Our details

12.1 This website is owned and operated by Project Tobong.

12.3 Our principal place of business is at ACME Studio, Matchmakers Wharf, Homerton Road, London E95GP

12.4 You can contact us by writing to the business address given above, by using our website contact form, by email to artist@projecttobong.com

Drafting notes for free website disclaimer

This website disclaimer is a legal notice covering the basic issues that arise out of the operation of a website. It is a shorter version of our website terms and conditions template. It incorporates a licence setting out the basis upon which a website may be used and a set of limitations of liability, and it helps website operators comply with information disclosure laws.

Our disclaimer document is intended for use in relation to the simplest kinds of website that need to comply with English law: information-only websites lacking any significant interactive features (other than hyperlinks and HTML forms). As of April 2012, this disclaimer has been used on more than 400,000 websites.

The disclaimer has three main functions. First, it specifies the basis upon which the website may be used. In order to use a website, it must be copied, and so this takes the form of a copyright licence. Second, it attempts to limit and exclude (disclaimer) various types of liability that may arise from the use of the website. Third, it prompts the publication of certain information that must, under English law, be published on a website.

The document is a shorter version of the basic website terms and conditions document available on this website. The main differences is that this document omits the provisions relating specifically to interactive website features.

The disclaimer document is divided into the following sections: a licence of the copyright in the website (and restrictions on what may be done with the material on the website); a disclaimer of liability (which gives the document its name); a variation clause; a clause specifying the applicable law and the jurisdiction in which disputes will be decided; and a provision specifying some of the information which needs to be disclosed under the Ecommerce Regulations.

Section 3 – Copyright notice

Section 3.1

The year of first publication of the relevant copyright material is 2013. Project Tobong, Helen Marshall & Risang Yuwono are the owner of copyright in the website.

Section 4 – Licence to use website

Section 4.3

Section 7 – Limitations and exclusions of liability

Limitations and exclusions of liability are regulated and controlled by law, and the courts may rule that particular limitations and exclusions of liability are unenforceable.

The courts may be more likely to rule that provisions excluding liability, as opposed to those merely limiting liability, are unenforceable.

If there is a risk that any particular limitation or exclusion of liability will be found to be unenforceable by the courts, that provision should be drafted as an independent term, and be numbered separately from the other provisions.

It may improve the chances of a limitation or exclusion of liability being found to be enforceable if it was specifically drawn to the attention of the relevant person.

In English law, exclusions and limitations of liability in legal notices are regulated by the Unfair Contract Terms Act 1977 (“UCTA”).

Legal notices regulated by UCTA cannot exclude or restrict a party’s liability for death or personal injury resulting from negligence (Section 2(1), UCTA).

Except insofar as the relevant term satisfies the requirements of reasonableness, such legal notices cannot exclude or restrict liability for negligence (Section 2(2), UCTA).

These guidance notes provide a very incomplete and basic overview of a complex subject. Accordingly, you should take legal advice if you may wish to rely upon a limitation or exclusion of liability.

Section 7.1

Do not delete this provision (except upon legal advice). Without this provision, the specific limitations and exclusions of liability in the document are more likely to be unenforceable.

Section 7.3

Do you want to attempt to exclude all liability for free services and information?

This sort of exclusion is quite common, but unlikely to be enforceable in court.

Section 7.8

If the website operator is a limited liability entity (e.g. a limited company), do you want to expressly exclude liability on the part of officers and employees?

Section 8 – Variation

Changes to legal documents published on a website will not generally be retrospectively effective, and variations without notice to and/or consent from relevant users may be ineffective.

Section 10 – Law and jurisdiction

The questions of which law governs a document, and where disputes relating to the document may be litigated, are two distinct questions.

Section 10.1

Which law should govern the document?

This document has been drafted to comply with English law, and the governing law provision should not be changed without obtaining expert advice from a lawyer qualified in the appropriate jurisdiction. In some circumstances the courts will apply provisions of their local law, such as local competition law or consumer protection law, irrespective of a choice of law clause.

Section 10.2

Should the jurisdiction granted be exclusive or non-exclusive? Choose “non-exclusive” jurisdiction if you may want to enforce the terms and conditions against users outside England and Wales. Otherwise, choose “exclusive jurisdiction”. The courts of which country or jurisdiction should adjudicate disputes under the document?

In some circumstances your jurisdiction clause may be overridden by the courts.

Section 11 – Statutory and regulatory disclosures

Do the Electronic Commerce (EC Directive) Regulations 2002 apply to the website or is the website operator registered for VAT?

This section can be deleted where website operator is not registered for VAT and the Electronic Commerce (EC Directive) Regulations 2002 do not apply. Generally, those Regulations will apply unless a website is entirely non-commercial, i.e. where a website does not offer any goods or services and does not involve any remuneration (which includes remuneration for carrying AdSense or other advertising).

Section 11.1

Is the website operator registered in a trade or similar register that is available to the public?

What is the name of the trade register? At what URL can the trade register be found? What is the website operator’s registration number?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if you are “registered in a trade or similar register available to the public”, you must provide “details of the register in which the service provider is entered and his registration number, or equivalent means of identification in that register”.

Section 11.2

Is the website operator subject to an authorisation scheme (e.g. under financial services legislation)?

What is the name of the authorisation scheme to which the website operator is subject? What authority supervises the authorisation scheme?

The Electronic Commerce (EC Directive) Regulations 2002 provide that “where the provision of the service is subject to an authorisation scheme” you must provide “the particulars of the relevant supervisory authority”.

Section 11.3

Is the service provider a member of a regulated profession (e.g. solicitors)?

What is the website operator’s professional title? Which professional body regulates the website operator? In which jurisdiction was the professional title granted? What is the name of the document containing the rules governing the profession? At what URL can the rules be found?

The Electronic Commerce (EC Directive) Regulations 2002 provide that if “the service provider exercises a regulated profession”, it must provide “(i) the details of any professional body or similar institution with which the service provider is registered; (ii) his professional title and the member State where that title has been granted; (iii) a reference to the professional rules applicable to the service provider in the member State of establishment and the means to access them”.

Section 11.4

Does the website operator subscribe to any codes of conduct?

Identify the codes of conduct in question. Where can the codes be viewed?

The Electronic Commerce (EC Directive) Regulations 2002 provide that “a service provider shall indicate which relevant codes of conduct he subscribes to and give information on how those codes can be consulted electronically”.

Section 11.5

Is the website operator registered for VAT?

What is the website operator’s VAT number?

Section 12 – Our details

UK companies must provide their corporate names, their registration numbers, their place of registration and their registered office address on their websites (although not necessarily in this document).

Sole traders and partnerships that carry on a business in the UK under a “business name” (i.e. a name which is not the name of the trader/names of the partners or certain other specified classes of name) must also make certain website disclosures: (i) in the case of a sole trader, the individual’s name; (ii) in the case of a partnership, the name of each member of the partnership; and (iii) in either case, in relation to each person named, an address in the UK at which service of any document relating in any way to the business will be effective. All websites covered by the Electronic Commerce (EC Directive) Regulations 2002 must provide a geographic address (not a PO Box number) and an email address. All website operators covered by the Provision of Services Regulations 2009 must also provide a telephone number.

Section 12.1

What is the name of the company, partnership, individual or other legal person or entity that owns and operates the website?

Section 12.2

Is the website operator a company?

In what jurisdiction is the website operator registered? What is the website operator’s company registration number or equivalent? What is the website operator’s registered address?

Section 12.3

Where is the website operator’s head office or principal place of business?

Section 12.4

What is the website operator’s contact email address? What is the website operator’s contact telephone number?

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