This document sets out the terms and conditions (“Terms”) on which Kooch Club (we, us, or our) provides you (you or your) with any of the services (“Services”) offered on its website www.koochclub.com (“Website”). Please read these Terms carefully before using the Services. You acknowledge that by using the Services offered by us, you agree to be bound by these Terms. If you do not accept these Terms, you will not be able to use the Services offered by us. You are advised to print and retain a copy of these Terms for your future reference. These Terms may be subject to change, and accordingly you are advised to refer back to these Terms from time to time and before registering with the Website.
Who we are and what we do
01. Information about us and the Website
The Website is owned and managed, operated and maintained by Kooch Foundation, a non-political foundation (unincorporated), administered and managed by a Board of Trustees, all of whom provide their services on a voluntary basis (“Kooch Foundation”). Kooch Club is an initiative run by the Kooch Foundation.
The Website is an online platform for Iranian artists in Europe (“Artists”) to find work opportunities and commissions and for commissioners looking for bespoke artwork (“Commissioners”) to find Artists who can produce custom artworks and creative pieces that match their briefs, (together “Users”, “Visitors” and “you”).
You can access the Website either as a Visitor or by registering with the Website and becoming a member (“Member”). As a Member you can create your own profile for the purpose of using the Services and the Website, which is made available to other Users (“Profile”).
We shall be entitled at our own discretion to suspend the Website (wholly or partly) for any reason whatsoever, including but not limited to repairs, planned and emergency maintenance or upgrades, and shall not be liable to you for any such suspension or unavailability of the Website (wholly or partly).
We rely on third party providers (such as network providers, data centres and telecommunication providers) to make the Website and the Services available to you. Whilst we take all reasonable steps available to provide you with a good level of service, you acknowledge and agree that we do not warrant that the Website shall be uninterrupted or fault-free at all times. We therefore shall not be liable in any way for any losses you may suffer as a result of delays or failures of the Services and/or the Website as a result of our service providers.
Kooch Club may be contacted at www.koochclub.com/en/contact or by email at [email protected].
By using the Website, you agree to these Terms.
02. Preliminary information
You hereby warrant that:
• you are at least 18 years old;
• you have the capacity to agree to these Terms
• you are not in any way prohibited by the applicable law in the jurisdiction which you are currently located to enter into these Terms.
To use certain features on our site, you will need to register some details and create an account.
03. Registration
You may at our sole discretion, access certain features and elements of the functionalities of the Services as a Visitor. In the event you wish to access additional features and functionalities of the Services, you shall be required to register your details with us as a Member.
By registering your details and becoming a Member you consent to us conducting verification and security procedures in respect of the information provided by you online.
You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information. Upon the completion and submission of the online registration form on the Website, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form. This Verification Email will contain details of how to activate your profile (“Profile”). Your Profile will not be accessible until you have activated it in accordance with the instructions in the Verification Email.
You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached any of the provisions set out herein.
04. Formation of contract between us
The following are the terms of the agreement between you and Kooch Foundation:
Your contract (“Contract”) with us shall commence:
• where you are a Visitor, upon your visit to the Website; or
• as a Member, at such time as you activate your registration through the link provided in your Verification Email.
Notwithstanding the foregoing, we reserve the right to:
• accept or reject your application to register for any reason; and
• refuse you access to the Services and/or Website (partly or wholly) if you breach any of the provisions hereunder.
Unless otherwise expressly set out to the contrary herein, your Contract with us shall remain in force:
• where you are a Visitor, for the duration of your visit to the Website; or
• where you are a Member, for the duration in which you continue to use the Services.
As a Member, you may terminate your Contract with us at any time by contacting us at [email protected] or deleting your Profile.
We may terminate your Contract at any time and for any reason by providing seven (7) days’ notice to you in writing or by email.
We may suspend your access to the Services and/or Website and terminate your Contract at any time and without notice to you if:
• the third party services and network providers cease to make the third party service or network available to us;
• we believe that you or someone using your Login Details has failed to comply with one or more of these Terms;
• we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services and/or Website (in whole or in part);
• we believe that you have provided us with any false, inaccurate or misleading information; or
• we believe that you are not acting in a personal capacity.
Upon termination of your Contract with us as a Member, you shall continue to have access to the Website as a Visitor.
05. Your obligations
Kooch Club is a user-generated platform, which means you can add the content yourself. We trust you to add correct information and we are not liable if the information is not correct.
You agree that you are solely responsible and liable for all activities on the Website, whether you are a Visitor or Member. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted by email at [email protected].
You shall not submit to appear on the Website through your use of the Services, any information, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether on your Profile or elsewhere on the Website, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:
• promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harass or advocate harassment of another person;
• display pornographic or sexually explicit material;
• promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
• promote any illegal activities;
• provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
• promote or contain information that you know or believe to be inaccurate, false or misleading;
• engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or
• infringe any rights of any third party.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on the Website. You agree that we may, at our sole discretion, choose to display or remove any User Submission or any part of the same that you make on the Website and you hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide licence to do so.
You hereby grant to us a non-exclusive, perpetual, irrevocable licence to make the User Submissions available to other Users of the Website.
If you feel that any User Submission made by another User is objectionable, please contact us using the contact details set out on the Website. We shall use our reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take such action as we deem necessary, if any at all.
You further agree that at all times, you shall:
• not use your Login Details with the intent of impersonating another person;
• not allow any other person to use your Login Details;
• not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;
• not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;
• not use the Website, the content therein and/or do anything that will infringe the intellectual property rights or other rights of any third parties;
• comply with all instructions and policies from us from time to time in respect of the Services and the Website;
• co-operate with any reasonable security or other checks or requests for information made by us from time to time; and
• use the information made available to you on the Website and through the Services at your own risk.
In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 5, we reserve the right to take any action that we deem to be necessary, including without limitation, the termination forthwith and without notice of your use of and access to the Services and the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate.
Without prejudice to any of our other rights and remedies, we reserve the right, in our sole and absolute discretion, to take any action that we deem necessary and appropriate in the event we consider that there is a breach or threatened breach of this clause 5.
Providing you stick to your obligations, we will continue to provide the Services to you.
06. Provision of Artists’ Services
Through the Website the Artists will be commissioned by the Commissioners to provide Artists’ Services.
You acknowledge and agree that you are responsible for making sure you can legally offer and provide your Artists’ Services, including without limitation in respect of any jurisdictional issues, or regulatory and licencing obligations.
Where a Commissioner has expressly agreed, the Artist may provide their Artists’ Services (or part thereof) with the assistance, but not solely through, sub-contractors. If you do engage any sub-contractors in accordance with this clause 6 you agree and acknowledge that they will also be bound by your obligations under these Terms.
You are solely responsible for ensuring that you, and any appropriate sub-contractors, have all legally or reasonably required insurance, meet all applicable safety standards and have the requisite experience to deliver the Artists’ Services without safely and without complications.
You are responsible for verifying the identity and authenticity of a Commissioner before you offer them, or agree to provide them with, your Artists’ Services. This obligation also extends to the time during which you actually provide them with your Artists’ Services. You acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Commissioner, nor the capacity, ability or willingness of any Commissioner to transact with you or meet their obligations.
You are responsible for ensuring the location for the delivery of your Artists’ Services is reasonable, and during the continuation of work secure, free of hazards and safe to for the delivery of the Artists’ Services.
You are responsible for ensuring the actual delivery and provision of your Artists’ Services is safe, secure and not negligent.
07. Our rights and obligations
In consideration for your compliance with these Terms, we shall use our reasonable endeavours to provide you with the Services on the Website and any additional services that we agree to provide to you, at all times.
We reserve the right to make any changes to the Website including any functionalities and content therein or to discontinue any aspect of the Services or features of the Website without notice.
We may update or modify these Terms from time to time and shall notify you of any such updates and revisions through a message displayed on the Website. Your continued use of the Services and/or the Website (whether wholly or partly) shall be deemed your acceptance of such change(s) in respect of the updated or modified Terms. If you do not agree with the changes to these Terms, you may terminate your Contract with us in accordance with clause 4.
To provide the Services to you, we may be required to monitor your use of the Services and/or the Website from time to time. You hereby consent to us monitoring your use of the Services and the Website.
08. Your relationship with other Users
You acknowledge and agree that we only provide you with the Services and the Website. You understand that we are not involved or a participant, in any way, in respect of any contact, meetings (face-to-face or otherwise), negotiations, transactions or contracts between you and other Users.
Consequently, you acknowledge and agree that we shall not be liable in any way and for any reason whatsoever in respect of your relationship with other Users.
We recommend that you take all reasonable care when arranging any meeting or otherwise with any other User.
We link to other websites and encourage you to do the same. Whether Facebook, Twitter or Instagram, these sites have their own terms and conditions. Make sure you check these too.
09. Our affiliations and linking
The Website provides links to and content from third party websites. Such third party websites are not our responsibility and accordingly we accept no responsibility for the availability, suitability, reliability or content of such third party websites and do not endorse the views expressed therein.
Third party websites operate under their own terms and conditions, and you are advised to read such terms and conditions prior to making use of such third party websites. Further, where you access any third party website through a link on our Website, you acknowledge and agree to abide by the terms and conditions of such third party website.
10. Exclusion of warranties and limitation of liability
We do not verify and do not have any control in respect of any User Submission. We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Website and/or Services. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.
Further, you acknowledge and agree that where the Website includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations.
We rely on third party providers to make the Services and the Website available to you. You acknowledge and agree that we do not warrant that the Services and the Website shall be uninterrupted or fault-free at all times.
Our liability if you are a personal user:
• If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms and such amount that we may pay to you for such loss or damage you suffer under or arising out of your Contract shall be limited in the aggregate to one hundred pounds sterling (£100.00).
• We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
• We only supply the Services for your own private use. You agree not to use the Services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability for:
• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation;
• breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); or
• breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples).
Subject to this clause 10, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
• consequential, indirect or special losses;
• loss of profits, income or revenue;
• loss of savings or anticipated savings, interest or production;
• loss of business or business benefits;
• loss of contracts;
• loss of opportunity or expectations;
• loss of goodwill and/or reputation;
• loss of marketing and/or public relations time and/or opportunities;
• loss of data; or
• loss of management or office time
whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, arising out of or in connection with your use of or reliance on the Website and/or Services.
Commentary and other materials posted on the Website (including any User Submissions) or provided by us are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any User to the Website, or by anyone who may be informed of any of its contents. Further, responsibility for decisions taken on the basis of information, suggestions and advice given to you by us (including through the Website) shall remain solely with you.
In the event that you have a dispute with any other User of the Website, you hereby release us from any claims, demands and damages of any kind and nature, known and unknown, arising out of or in connection with such dispute.
Please respect KoochClub, our trademark and our brand. It belongs to us.
11. Intellectual property rights
We and our licensors own all the intellectual property rights relating to the Website, excluding the User Submissions.
You are expressly prohibited from:
• reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and/or the Services; and
• removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to is.
Provided that we are unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, we shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or us.
We comply with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the Data Protection Act 2018. More information can be found in our Privacy Policy
12. Privacy Policy
We comply with the General Data Protection Regulation ((EU) 2016/679) (GDPR) and the Data Protection Act 2018 and all other successor legislation and regulations in the performance of its obligations under these Terms. Please click here to view our Privacy Policy. The terms of the Privacy Policy form part of these Terms and you agree to be bound by them.
13. Complaints
If you have reason to believe that any of the terms herein have been breached or you have a complaint to make, please email us at: [email protected].
These Terms apply to all users of Kooch Club at all times. We are governed by English Law.
14. General
If we fail at any time to insist upon strict performance of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
All notifications and communications to us should be sent to the contact details set out herein.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Website and the Services, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
You acknowledge that in entering into these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the internet or in negotiation between you and us except as expressly set out in these Terms.
These Terms are governed by and construed in accordance with English law. The Courts of England shall have exclusive jurisdiction over any disputes arising out of these Terms. If you live outside of England, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident (Local Law). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.
