Terms & Conditions

Last updated: March 2024

When referring to “we”, “us” or “our”, we mean Theodora Raftis, a professional soprano from Cyprus. Where we refer to “you”, “your” or “customer” we mean you, the person using our website and our services.

These Terms & Conditions (hereinafter “terms”) set out the legal terms that apply to your use of our current website https://www.theodoraraftis.com, any sub-domains and any other websites as may be designated by us and operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf, as well as any social media platforms and/or our YouTube channel located at https://www.youtube.com/@theodoraraftis6040 (together, the “websites” and “website” being a reference to any one of them).  

You are advised to read these terms and make sure that they are clear and unambiguous to you, before using our website. We encourage you to print or save a copy of the terms. Note, that by accessing, using or alternatively exploiting our website, you confirm that you have read, understood and accept the terms and signify your acceptance to be legally bound by them.

To use our website and any of the services we offer, you must be at least eighteen (18) years of age and have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you do not accept the terms, you are not allowed to access, use, or otherwise exploit this website and/or our services.

These terms shall include by reference our Privacy Policy which is also made available on our website. Note, that by accessing, using or alternatively exploiting our website, you confirm that you have read, understood and accept our Privacy Policy before accepting these terms.

By accessing, using or otherwise exploiting our website, you are granted a personal, non-exclusive and non-perpetual right to use our website and our services, subject always to compliance with these terms.

Without prejudice to the foregoing paragraph, nothing in these terms shall create a situation of agency or partnership between us.

CHANGES TO TERMS AND CONDITIONS

You can review the most recent version of these terms at any time through our website. Numerous headings are used, to make it easy for you to understand the terms and to help you have easy access to various useful information.

We reserve the right, at our sole discretion, to update, change, revise, modify or replace any part of these terms, including the Privacy Policy, by posting updates and changes to our website. It is your responsibility to check our website periodically for any changes. Your continued use of and/or access to our website, following the posting of any changes to these terms, including the Privacy Policy, signifies your acceptance of those changes.

OUR LIABILITY TO YOU IN RELATION TO THE SERVICES

If, while we provide our services to you, we do not comply with these terms, we are only accountable for loss or damage that is a foreseeable result of our breach of these terms and/or our negligence. However, we will not be held liable, in any case, for any liability for loss or damage that is not foreseeable nor caused by our own fault or negligence.

INDEMNIFICATION

You agree to compensate, defend and indemnify us from and against any claims, damage and loss to the extent such claims, damage or loss are the result of (i) your breach of these terms and (ii) any infringement by you of third-party rights, including intellectual property rights and/or violation of any applicable law.

LIMITATION OF LIABILITY

Without prejudice to the foregoing, we shall not be liable for any special or consequential damages that result from the access, use of, or the inability to access or use of our website or any of the materials contained therein. Under no circumstances will we have any liability towards you for damages, losses and causes of action, whether in contract, tort or otherwise, for accessing, using or exploitation of this website.

Lastly, we assume no liability for the content of any external links or for the content of third-party websites linked to our website. The operator of the external links/linked pages alone is responsible for the contents. The exclusion of liability shall apply.

The limitations and exclusions apply to the widest extent permissible by applicable law.

HOW TO CONTROL COOKIES

When you use our website, we may store information on your computer. This information will be in the form of a “Cookie”. Cookies allow us to tailor our website so that we provide you with the best user experience possible and perform functions such as recognising you when you return to our website and helping us understand which sections of the website you find most interesting and useful. With most internet browsers, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Please refer to https://www.aboutcookies.org for more information. If you delete cookies or set your browser settings to prevent them from being placed on your computer, you may have to manually adjust some preferences every time you visit a site, and some functionalities may not work or may not work properly.

You can find more information about the individual cookies we use and the purposes for which we use them in our Privacy Policy.

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

We are the owners or the licensees of all intellectual property rights of this website and its content (such as for example text, images, graphics, logos, button icons, audio clips, video clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“content”). Where we are licensees of intellectual property rights, credits are attributed in the captions or description of such content.

The rights in this website and the content are protected by international copyright laws, as well as by any relevant national law concerning copyright, authors’ rights, database right laws and proprietary rights laws. All such rights are reserved.

YOU MUST NOT SYSTEMATICALLY EXTRACT, REPRODUCE, REPUBLISH AND/OR RE-UTILISE PARTS OF THIS WEBSITE OR THE CONTENT. Specifically, the usage of any data mining, robots, or similar data gathering and extraction tools to extract and/or for the re-utilisation of any substantial parts of the website is not allowed. OUR PRIOR WRITTEN CONSENT IS NEEDED, IF YOU WANT TO PRODUCE AND/OR PUBLISH YOUR OWN DATABASE THAT FEATURES SUBSTANTIAL OR ANY PARTS OF THIS WEBSITE.

Except where expressly stated to the contrary, all persons (including their names and images), third-party trademarks, services and/or locations featured on this website are in no way associated, linked or affiliated with us. Any trademarks/names featured on this website are owned by the respective trademark owners.

The denotation of these names/trademarks without reference to a registered and/or protected trademark etc, shall not be considered as a breach of copyright or as defamatory to the physical or legal persons who own these rights.

OTHER IMPORTANT INFORMATION

  1. The contents of this website and any related social media platforms and our YouTube channel are for your information and use only and are subject to change without notice.
  2. This website including our social media platforms and YouTube channel contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, text, layout, look, appearance, and graphics. REPRODUCTION IS PROHIBITED.
  3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  4. Your use of any information or materials on this website or on our social media platforms or our YouTube channel, are entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any services or information available through this website or social media or YouTube channel meet your specific requirements.
  5. Unauthorised use of this website or our social media platforms or YouTube channel may give rise to a claim for damages and/or be a criminal offence.
  6. YOU MAY NOT CREATE A LINK TO THIS WEBSITE FROM ANOTHER WEBSITE OR DOCUMENT WITHOUT OUR PRIOR WRITTEN CONSENT.
  7. You are not allowed to misuse the website by knowingly introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material. You are not allowed unauthorised access to the website, the server, computer or database connected to the website and our services. In such an event, your right to use our website and services shall immediately cease.
  8. You must promptly notify us in writing in case you become aware of (i) any breach or alleged breach of these terms and/or (ii) of any claim or alleged claim concerning infringement of third-party rights including intellectual property rights and/or (iii) any breach of applicable law in connection with the use of our website or services.

EVENTS BEYOND OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by a force majeure event outside of our control.

An event outside of our control refers to any act or event beyond our reasonable control, such as act(s) of God, pandemics, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects the performance of our obligations to you: (i) we will notify you at the first available opportunity; and (ii) our obligations to you will be suspended for the duration of the event.

COMPLAINTS

We operate a complaint handling procedure, which we will use to try to resolve all the issues as soon as they appear. Do not hesitate to let us know if you have any complaints or comments. Please contact us directly about your complaint via email: traftis.soprano@gmail.com.

WAIVER

If you breach these terms and we take no action, or if there is a reasonable delay in taking action, it does not conclude that we waived our rights, and we will still be entitled to use our rights and claim any remedy that may be available under the circumstances. If we are to waive a breach, this will only be performed in writing and that will not mean that we will automatically waive any possible later breach by your side.

ENTIRE AGREEMENT

These terms constitute the entire agreement between us. Their effect supersedes any kind of agreements entered between us. Their effect also supersedes agreements made before you accepted these terms.

WHAT HAPPENS IF A DISPUTE ARISES?

No party to this agreement shall commence any Court or alternative dispute resolution proceedings relating to a dispute or difference arising out of or related to this agreement, unless that party has first complied with this clause.

The parties agree to mediate any dispute or difference arising out of or in connection with these terms, including any question regarding its existence, validity or termination. Should the parties not be able to agree the selection of a mediator and/or terms and/or fees within ten (10) working days from the date one party delivers written notice to the other party that they wish the dispute or difference to be resolved by mediation, then either party may request the appointment of an IMI Certified Mediator and Mediation Advocate, who will determine all relevant matters. Should a party fail to attend the mediation joint meeting, then that party shall be responsible for all the costs of the mediation.

NOTICES

Any notice to be given by either party to the other, may be served by email, fax, personal service or by post to the address of the other party, as such party may from time to time have communicated to the other in writing; and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent; if sent by fax shall be deemed to be served on receipt of an error free transmission report; if given by letter shall be deemed to have been served at the time at which the letter was delivered personally; or if sent by post shall be deemed to have been delivered in the ordinary course of post.

GOVERNING LAW AND JURISDICTION

The laws of the Republic of Cyprus govern all matters arising out of or relating to these terms, including without limitation, their validity, interpretation construction, performance, and enforcement. The Courts of the Republic of Cyprus will have the exclusive jurisdiction over any dispute or claim arising out of these terms.

DISCLAIMER

We make all effort to ensure the accuracy of the information provided on this website. Any liability which might arise from your use or reliance on the information or links contained on the website is excluded.

The content of this website is provided for the sole purpose of providing you with general information only, to inform you about us and the services we offer. We make no warranties, representations, or undertakings about any of the content of this website (including, without limitation, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content).

We endeavour to prevent any computer viruses, bugs and other harmful components on this website; however, we shall accept no liability for them if they occur. You are responsible for configuring the information technology and computer programmes to access the website.

No representation or warranty is provided in respect to the uninterrupted or error free operation of our website and we accept no liability in respect thereof. Access to the website is permitted on a temporary basis.

We will not accept any responsibility or liability for any material supplied by or contained on or downloaded from any third-party website which is linked from or to this website or any use of personal data by such third party.

These Terms & Conditions were prepared by Elia & Elia L.L.C. (Advocates – Legal Consultants)