Introduction

Thanks for visiting native! These terms of use (Terms) govern your access and use of the native partner website (partner.native.fm) and any of its content (Website). 

These Terms apply between Radar Leisure Tech Limited, trading as native (‘we’, ‘us’ or ‘our’) and you, the person accessing the Website (‘you’ or ‘your). Please read these Terms carefully before you start to use our Website. 

1. Acknowledgement

   1.1 By using our Website, you confirm that you accept these Terms and that you agree to abide by them. Use of our Website includes accessing, browsing, or downloading content from our Website. If you are using the Website on behalf of an organisation, you are agreeing to the Terms on behalf of that organisation and representing that you have the authority to bind that organisation to the Terms. In that case, ‘you’ and ‘your’ will refer to that organisation.

   1.2 If you do not agree to these Terms, please refrain from using the Website. These Terms constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter. We recommend that you print a copy of this for future reference.
   
   

2. Information about us

   2.1 This Website is operated by Radar Leisure Tech Limited, trading as native. We are registered in England and Wales under company number 09729773 and have our registered office at Pavilion View, 19 New Road, Brighton, East Sussex. BN1 1EY.

   2.2 If you have any questions about the Website or these Terms, you can contact us by: 
   – sending an email to support@native.fm, or
   – writing to us at the address above in clause 2.1.

    

3. Using the Website

   3.1 The Website is for your use only and primarily for accessing information about us. Use of the Website in any other way is not permitted. 

   3.2 As a condition of your use of the Website, you agree not to use the Website:
   – for any purpose that is unlawful under any applicable law or prohibited under these Terms;
   – to commit any act of fraud;
   – to distribute viruses or malware or other similar harmful software code; or
   – in any manner that disrupts the operation of our Website or business or the website or business of any other entity.

   3.3 Access to our Website is permitted on a temporary basis and we reserve the right to suspend at its sole discretion the whole or any part of the Website for any reason whatsoever. In such situations, we shall seek to, but shall not be obliged to, give you as much notice as is reasonably practicable. We will not be liable if for any reason our Website is unavailable at any time or for any period.
   
   

4. Intellectual property

   4.1 We respect the intellectual property rights of others and ask that you do so of us. We and our licensors are the owners of all rights in the design, text, graphics, music, photographs, sound, video or other multimedia content, software or other information or material submitted to or accessible on the Website (‘Content’). The selection or arrangement thereof are the copyright of native or other third parties.

   4.2 We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

   4.3 Nothing in these Terms grants you any legal rights in the Website or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Website or the Content.

   4.4 “native.” is a registered trademark of Radar Leisure Tech Limited. Other trade marks and trade names may also be used on the Website or in the Content. Use by you of any trade marks on the Website or in the Content is strictly prohibited unless you have our prior written permission.

   4.5 You may print off one copy, and may download extracts, of any page(s) from our Website for your personal reference and you may draw the attention of others to material posted on our Website, unless as directed.

   4.6 You must not modify the paper or digital copies of any materials you have printed off or downloaded from the Website in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

   4.7 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us.

   4.8 If you print off, copy or download any part of the Website in breach of these Terms, your right to use will cease immediately and you must, at our option, return or destroy any copies of the materials they have made.

   4.9 We have used our reasonable endeavours to ensure that the Website is secure. However, we do not warrant or represent that either this is the case or that the internet (which by its very nature is insecure) is secure.
   
   

5. Reliance on information posted

   Any Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. Commentary and other materials posted on our Website 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 visitor to our Website, or by anyone who may be informed of any of its contents.
   
   

6. Links to other websites

   Certain links, including hypertext links, will take you outside the Website. Such links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website or app outside of our Website.
   
   

7. Website updates
   We aim to update our Website regularly, and may change the Content at any time. If the need arises, we may suspend access to our Website, or close it indefinitely. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

    

8. Limitation of liability

   8.1 Where you access the Website by means of the internet, we will use our reasonable endeavours to ensure that the Website is accessible at all times but we do not warrant or represent that we can do so since neither we nor any other party has any control over the internet, which is a global decentralised network of computer systems.

   8.2 The Website is provided “as is” without any warranty of any kind either express or implied including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, title and non-infringement of intellectual property rights.

   8.3 Neither we nor any of our directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of the Website. This is a comprehensive limitation of liability that applies to damages of any kind, including (without limitation):
   – Compensatory
   – Direct
   – Indirect
   – Consequential damages
   – Loss of data, income or profit
   – Loss of or damage to property
   – Claims of third parties

   Whether arising from negligence, breach of contract, statutory duty or otherwise.

   8.4 Notwithstanding the foregoing, none of the exclusions or limitations in this clause 8 are intended to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of our employees or agents, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow use to exclude or limit.
   
   

9. Protecting your data

   Any personal information that you provide to us will be dealt with in accordance with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information. By using our Website, you consent to such processing and you confirm that all data provided by you is accurate.

    

10. Events beyond our control

    We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.
    
    

11. No third party rights

    No one other than us or you has any right to enforce any of these Terms.
    
    

12. Jurisdiction and applicable law

    These Terms shall be governed and construed in accordance with English Law and parties hereby submit themselves to the exclusive jurisdiction of the English Courts in respect of any claim (including non-contractual disputes or claims).
    
    

13. Variations to Terms

    We may revise these Terms at any time by modifying this page, they shall become effective immediately upon the publishing to the Website. You are expected to check this page from time to time to take notice of any changes that we have made. By continuing to use the Website following any such variation you shall be deemed to accept such variation.
    
    

Last modified: 12 December 2022