Terms and Conditions
SUBSCRIPTION TERMS AND CONDITIONS
This web page tells you information about us and the legal terms and conditions (Terms) on which we provide our subscription services to you (Services) via our website. Please read these Terms carefully and make sure that you understand them before subscribing for our Services. Please note that by subscribing for our Services, you agree to be bound by these Terms. If you refuse to accept these Terms, you will not be able to subscribe for our Services from our site. You should print a copy of these Terms or save them to your computer for future reference.
These Terms are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website http://www.dsi-london.tv/. We are DanceSport International Limited, trading as DSI London, a company registered in England and Wales under company number 01663333 and with our registered office and main trading address at House of Dance, The Courtyard, Aurelia Road, Croydon, Surrey CR0 3BF.
Our VAT number is GB372575041
1.2 To contact us, please see our Contact Us page.
2. CONSUMER INFORMATION
2.1 You may only subscribe for Services from our site if you are at least 16 years of age.
2.2 If you are underage, please do not attempt to subscribe for Services through our site. Your parents should instead.
2.3 We intend to rely upon these Terms in relation to your subscription (which will be a legally binding contract between you and us). Although this is an internet-based service, with all relevant terms appearing on our website, we do accept responsibility for statements and representations made over the telephone or at our trading address by our duly authorised agents but please make sure you ask for any variations from these Terms to be confirmed in writing before you subscribe online if you intend to rely on them.
2.4 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 For the steps you need to take to subscribe for the Services on our site, please go to our website or written subscription form.
3.2 Our form allows you to check and amend any errors before completing it and submitting it to us. Please take the time to read and check your details.
3.3 After you complete the form, you will receive an email from us. However, please note that this does not mean that your subscription has been accepted. Our acceptance of your subscription will take place as described in clause 3.4.
3.4 We will confirm our acceptance to you by sending you an email that confirms that you have subscribed for the Services (Confirmation). The contract between us will only be formed when we send you the Confirmation.
3.5 If we are unable to provide the subscription to you (which is very rare), we will inform you of this by email and we will not process your payment. If a payment is made accidently, we will refund you the full amount as soon as possible.
4. IMPORTANT EXPRESSIONS
In these Terms we use the following important expressions which have the following meanings:
Confirmation: has the meaning given in clause 3.4.
Renewal Period: the period described in clause 6.3.
Services: has the meaning given at the top of this web page.
Software: any online software applications that are part of our website or may form part of the Services.
Subscription Fees: the subscription fees payable by you to us, as set out on our website.
Subscription Term: has the meaning given in clause 6.1.
5.1 We will, during the Subscription Term, provide the Services to you on and subject to these Terms.
5.2 We will use reasonable endeavors to make the Services available 24 hours a day, seven days a week, except for necessary maintenance and, if this is necessary, we will use reasonable endeavors to give you much notice in advance as reasonably possible.
6. DURATION OF YOUR SUBSCRIPTION
6.1 Subscribers to 12 Month Subscription will be subscribed for a continuous 12 months, from the moment your payment is processed, with no cancellation period.
6.2 Subscribers to Monthly Subscription will subscribe for a minimum of three months.
6.3 Your Monthly Subscription will be automatically renewed for successive monthly periods (each a Renewal Period), unless:
(a) you terminate your subscription by cancelling/suspending your membership on our website or in your Paypal account, in which case your subscription will terminate upon the expiry of the Renewal Period; or
(b) otherwise terminated as provided in clause 6.1 or by clause 9, and the Initial Subscription together with any subsequent Renewal Periods will constitute the Subscription Term.
6.4 Without prejudice to any other rights or remedies to which we may have, we may terminate your subscription without liability to us if you commit a material breach of any of these Terms and (if such a breach is remediable) you fail to remedy that breach within 30 days of you being notified of the breach.
6.5 On termination of your subscription for any reason:
(a) all licenses granted to you will immediately terminate; and
(b) your and our accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination, will not be affected or prejudiced.
7. CHARGES AND PAYMENT
7.1 You will, when you complete our website subscription form, provide us with required, valid, up-to-date payment details. By completing the form, you authorise us to take payment:
(a) for the Subscription Fees payable; and
(b) subject to clause 6.2, on or about the first working day of each Renewal Period for the Subscription Fees payable in respect of that Renewal Period.
7.2 If we have not received payment on the relevant due date, and without prejudice to any other rights and remedies we may have, we may, without liability to you, disable your password, account and access to all or part of the Services and we will be under no obligation to provide any or all of the Services while your subscription remains unpaid.
7.3 All amounts stated or referred to by us on our website, in the Confirmation or otherwise:
(a) will be payable in pounds sterling;
(b) are, subject to clause 9, non-cancellable and non-refundable; and
(c) are exclusive of value added tax.
7.4 We will be entitled to increase the Subscription Fees at the start of each Renewal Period upon 45 days’ prior notice to you.
8. LICENCE AND YOUR OBLIGATIONS
8.1 Subject to you subscribing for the Services on these Terms, we hereby grant to you a non-exclusive, non-transferable right to permit you to use the Services during the Subscription Term. This right allows you to:
(a) retrieve and display all materials displayed on the Service, whether video or otherwise, on a computer screen, tablet or mobile phone; and
(b) bookmark to any part of the Service.
8.2 You agree that:
(a) you will not use the Services for commercial purposes without obtaining a license to do so from us or our licensors;
(b) you will not allow or suffer any other person other than you to use the Services (although parents may allow their children to use the Services with parental supervision); and
(c) you will keep a secure password for your use of the Services, that such password will be changed no less frequently than monthly and that you will keep your password confidential.
8.3 You will not access, store, distribute or transmit any viruses or any material during the course of your use of the Services that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other illegal activity; or
(f) causes damage or injury to any person or property.
8.4 You may not (without contacting us to obtain prior written permission):
(a) redistribute any materials displayed on the Service (including by using it as part of any library, archive or similar service);
(b) remove the copyright or trade mark notices from any of such materials;
(c) create a database in electronic or structured manual form by systematically downloading and storing all or any of the materials;
(d) modify, reproduce or in any way commercially exploit any of such materials.
8.5 You will not:
(a) except as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
(i) and except to the extent expressly permitted under these Terms, attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software (as applicable) in
any form or media or by any means; or
(ii) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
(b) access all or any part of the Services in order to build a product or service which competes with the Services; or
(c) use the Services to provide services to third parties; or
(d) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except yourself, or
(e) attempt to obtain for third parties, or assist third parties in obtaining, access to the Services.
8.6 You will use best endeavors to prevent any unauthorised access to, or use of, the Services and, in the event of any such unauthorised access or use, promptly notify us.
8.7 We reserves the right, without liability to you, to disable your access to any material that breaches the provisions of this clause 8.
8.8 The rights provided under this clause are granted to you only, and will not be considered granted to any other person connected or associated with you.
9. YOUR CANCELLATION AND REFUND RIGHTS
9.1 As a consumer, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000. This means that provided you have not used the Services and you change your mind, you can notify us of your decision to seek to cancel the subscription and receive a refund. Advice about your legal right to cancel the subscription is available from your local Citizens’ Advice Bureau or Trading Standards office.
9.2 In the majority of cases, once you have paid the Subscription Fees and we make the Service available to you, you will be unable to cancel your subscription because the Services will have already begun and have been made available to you.
9.3 If you believe you are entitled to a cancellation, you must contact us in writing by sending an email to us or contacting us via our website within the time period stated above. You may wish to keep a copy of your cancellation notification for your own records.
9.4 If you are entitled to a cancellation, you will receive a full refund of the price you paid for the Services. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation.
9.5 We will refund you on the credit or debit card used by you to pay.
10. YOUR PERSONAL DATA
11. OUR OBLIGATIONS IN RESPECT OF THE SERVICES
11.1 We warrant that the Services will be performed substantially in accordance with the instructions set out on the website and with reasonable skill and care.
11.2 Our warranty at clause 11.1 will not apply to the extent of any non-conformance which is caused by use of the Services contrary to our instructions. If the Services do not conform with the foregoing warranty, we will, at our expense, use all reasonable endeavors to correct any such non-conformance promptly, or provide you with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes our sole and exclusive remedy for any breach of the warranty set out in clause 11.1.
Notwithstanding the foregoing, we:
(a) do not warrant that your use of the Services will be uninterrupted or error-free; nor that the Services and/or the information
obtained by you through the Services will meet your requirements; and
(b) are not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and you acknowledge that the Services may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
12. PROPRIETARY RIGHTS
12.1 You acknowledge and agree that we and/or our licensors own all intellectual property rights in the Services and the website content and materials. Any works on our website are protected by copyright laws and treaties around the world. All such rights are reserved. Except as expressly stated in these Terms, these Terms do not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services or the website content and materials.
12.2 We confirm that we have all the rights in relation to the Services and website content that are necessary to grant all the rights we purports to grant under, and in accordance with, these Terms.
13. OUR LIABILITY
13.1 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 these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the contract.
13.2 We only supply the Services for domestic and private use. You agree not to use the Services for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples);
(e) anything we cannot exclude or limit under the Consumer Protection Act 1987; and
(f) anything else we cannot lawfully exclude or limit our liability for.
14. COMMUNICATIONS BETWEEN US
14.1 When we refer, in these Terms, to “in writing”, this will include email.
14.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email, using our website or by pre-paid post to our registered office. We will confirm receipt of this by contacting you in writing, normally by email.
14.3 If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us.
15. OTHER IMPORTANT TERMS
15.1 We may transfer our rights and obligations under your subscription to another organisation, but this will not affect your rights or our obligations under these Terms.
15.2 You may only transfer your rights or your obligations under your subscription to another person if we agree in writing.
15.3 Each of the provisions of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
15.4 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not
have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15.5 Please note that these Terms are governed by English law. This means any dispute or claim arising out of or in connection with your subscription will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.