Terms & Conditions
Terms and conditions
Please read through the terms and conditions before making a purchase.
As we can accept your purchase and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on +447595303180.
- These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Online Dance Studio, registered office at 23 Freshfield Street, East Sussex, BN2 9ZG with email address email@example.com; telephone number +447595303180; (the Supplier or us or we).
- These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Services;
- Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order; (goods are supplied from Brighton Ballet School shop and as such are bound by the Terms & Conditions on the Brighton Ballet School website for sale of such goods. Please ensure you reference these thoroughly when purchasing goods).
- Order means the Customer’s order for the Services from the Supplier as submitted following the step-by-step process set out on the Website;
- Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
- Website means our website https://onlinedancestudio.dance on which the Services are advertised.
- The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the course/class content, event details, or size and colour of any Services supplied.
- In the case of Services delivered to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Services which appear on the Website are subject to availability.
- We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- You must co-operate with us in all matters relating to the Services, provide us and our authorised employees and representatives with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
- Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Services on our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event before performance begins of any of the Services.
- No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.
Fees and Payment
- The fees (Fees) for the Services, and any additional charges set out on the Website at the date we accept the Order or such other price as we may agree in writing are calculated on a fixed price or on a standard daily rate basis if using our drop-in class services.
- Fees and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order so that we can take payment immediately.
Delivery of Services
(for delivery of goods please refer to the Brighton Ballet School Terms & Conditions at https://brightonballetschool.co.uk)
- We will deliver the Services within the agreed period or, failing any agreement:
- in the case of Memberships, within the time allocated in your monthly Membership;
- in the case of drop-in classes, on the date specified on your booking
- In any case, regardless of events beyond our control, if we fail to deliver the Services at all or on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount). The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
- By purchasing a Membership you are granted a non-exclusive, non-transferable revocable licence to access and use services at Online Dance Studio strictly in accordance with these terms and conditions. As part of the terms and conditions of your access to the site and services you agree that you will not use your access to the site for any purpose that is unlawful or prohibited by these Terms and Conditions.
- You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other Members use and enjoyment of the Services.
- You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the site or Services. This includes copying, reproducing, downloading, or sharing content from the Services provided to you during your Membership.
- All content included as part of the Services such as text, graphics, logo, images, pre-recorded videos, replay videos, dictionary of terms, or any other part of the site or services provided to you is the property of Online Dance Studio or its suppliers and is protected by copyright and other laws that protect intellectual property and proprietary rights, legends and other restrictions contained in any such content.
- You will not modify, publish, transmit, incorporate, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part found on the site. Online Dance Studio content is not for resale. Your use of the site does not entitle you to make any unauthorised use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content.
- You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Online Dance Studio, the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licences, express or implied to the intellectual property of Online Dance Studio or our licensors except as expressly authorised by these Terms and Conditions.
- The Services are controlled, operated and administered by us from our offices within the United Kingdom and as such if you access the services from outside the United Kingdom you are responsible for compliance with all local laws. You agree that you will not use the Online Dance Studio content accessed through the site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Risk and Title
- You agree to indemnify, defend and hold harmless Online Dance Studio, its teachers, directors, employees, agents, and third parties for any losses, costs, liabilities and expenses relating to or arising out of your use or inability to use the Services or site, or your violation of any terms to these Terms & Conditions.
- You cannot access the Services until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Services still owned by you without delay.
- You agree that you undertake participation in use of the Services entirely at your own risk and that Online Dance Studio, its teachers, directors, employees, agents and third parties cannot be held responsible for injury, expenses or losses, including of income as a result of your participation in the services provided by us.
Withdrawal and cancellation
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply to a contract for the following goods and services (with no others) in the following circumstances:
- Services that are delivered to your specifications or are clearly personalised such as private classes, courses or content.
Right to cancel
- Subject as stated in these Terms and Conditions, you are entitled to cancel this contract within 14 days without giving any reason subject to the terms below.
- The cancellation period will expire 14 days from the day the Contract was entered into, or the date of the commencement of the access, whether that be a Membership subscription, course or drop-in class.
- In a contract for the supply of goods over time (i.e. Membership), the right to cancel will be 14 days after the first delivery of service.
- To exercise the right to cancel a Membership, you must log in to your Account via the site’s Membership area and cancel your monthly subscription yourself. Online Dance Studio will not take responsibility for cancelling your Membership on your behalf and as such no refunds or part refunds will be offered under any circumstances in the event you fail to cancel your subscription before your monthly renewal date and will result in a non-refundable subscription payment for that next billing cycle.
- To cancel a drop-in class or course you are required to log in to your account with our booking service, Acquity and cancel the course yourself in your account area. Online Dance Studio will not take responsibility for cancelling your drop-in class or course on your behalf and as such no refunds or part refunds will be offered under any circumstances in the event you fail to cancel your booking and will result in a non-refundable subscription payment for that next billing cycle.
- In the event you wish to cancel a private class, course or drop-in class, we require 48 hours’ notice prior to the commencement of such course or class or drop-in class to obtain a refund.
- Online Dance Studio does not accept cancellations via email, telephone, or any other means of contact.
- Membership, course or drop-in fees are non-refundable for non-use.
- Online Dance Studio will not offer a refund or discount for part use of a Members billing cycle.
Timing of any reimbursements
- In the event you have cancelled a Membership, drop-in class or course following the terms set we will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- Reimbursements may take between 1 and 5 days and is wholly out of the control of Online Dance Studio.
- We have a legal duty to supply the Services in conformity with the Contract and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Services will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Services which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your conditions.
- We will supply the Services with reasonable skill and care.
- We will provide the following after-sales service: The Supplier will support the Consumer before and during any course, class, private class, or event you have chosen to take with us. The Supplier will support the Consumer before and after the purchase and supply of any Goods to the best of our ability up to and including 6 weeks from the date of purchase.
- In relation to the Services, anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
Duration, termination and suspension
- The Contract continues as long as it takes us to perform the Services within the duration of your subscription, Membership, class or course.
- We may terminate the Contract or suspend the Services at any time by a written notice of termination or suspension to the other if that other:
- commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 7 days of the written notice; or
- is subject to any step towards its bankruptcy or liquidation.
- We, the Supplier reserve the right to refuse you, the Consumer access to Services in the event we feel there is significant risk to you, or other Consumers involved with the Service, due to you attending in inappropriate attire, poor preparation, mental state, health or well being, or excessively late arrival. No refund or compensation will be offered in these circumstances. Please refer to the Supplier’s Code of Conduct, available at (https://onlinedancestudio.dance/code-of-conduct) for more information.
- On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Successors and our sub-contractors
- You, the Consumer cannot transfer the benefit of this Contract to someone else and will remain liable for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
- In the event of any failure to deliver either Services because of something beyond our reasonable control:
- The Supplier will advise you as soon as reasonably practicable; and
- Our obligations will be suspended so far as is reasonable, provided that we will act reasonably, and will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
- The Supplier reserves the right to amend or change (i) date, (ii) time and (iii) content of Services; or postpone Services altogether due to failure of equipment, building faults and other factors including force majeure. In these circumstances compensation may only be offered to the Consumer at the sole discretion of the owner and Director of Online Dance Studio.
- We cannot offer any extensions, replacements or refunds for Services under any circumstances, including but not limited to; illness, injury, holiday, bereavement, maternity leave or absence of any kind, (including spouse injury, illness, holiday, bereavement and maternity leave.)
- Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
- For the purposes of these Terms and Conditions:
- ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
- ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679.
- ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.
- We are a Data Controller of the Personal Data we Process in providing the Services and Goods to you.
- Where you supply Personal Data to us so we can provide Services and Goods to you, and we Process that Personal Data in the course of providing the Services and Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure
- For any enquiries or complaints regarding data privacy, you can contact our Data Protection Officer at the following e-mail address: firstname.lastname@example.org
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) death or personal injury caused by proven negligence or breach of the Supplier’s other legal obligations. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to your business, trade, craft or profession which would not be suffered by a Consumer – because we believe you are not buying the Services and Goods wholly or mainly for your business, trade, craft or profession
- The information, software, products, services included on or available through Online Dance Studio may contain inaccuracies or typographical errors. Changes are periodically added to the information herein. Online Dance Studio and its suppliers may make improvements and or changes to the site at any time, including withdrawing or adding information and content.
- Online Dance Studio and its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related content on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, graphics and content are provided as shown, without warranty or condition of any kind.
- Online Dance Studio and its suppliers disclaim all warranties and conditions with regards to this information, software, products services graphics and content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
- To the maximum extent permitted by applicable law, in no event shall Online Dance Studio and its suppliers be liable for any direct or indirect punitive incidental, special consequential damages or any damages whatsoever including without limitation damages for loss of use, data, or profit arising out of or in any way connected with the use or performance of the site, without the delay or inability to use the site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the site or otherwise arising out of the use of the site, whether based on contract, tort, negligence, strict liability or otherwise even if Online Dance Studio has been advised of the possibility of damages.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of England and Wales.
- Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
- We try to avoid any dispute, so we deal with complaints as follows: if a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 7 – 10 working days.
- We ask that both parties aim to follow the Code of Conduct, copies of which you can obtain as follows: Online Dance Studio Code of Conduct available from https://onlinedancestudio.dance/code-of-conduct
Changes to Terms & Conditions
- Online Dance Studio reserves the right, in its sole discretion to change the Terms and Conditions under which its Services are offered. The most current version of the Terms and Conditions will supersede all previous versions. It is your sole responsibility to periodically review the Terms and Conditions to stay informed of our updates. Online Dance Studio cannot be held responsible for your failure to keep up to date with these Terms and Conditions.
Temporary Addendum relating to the Covid-19 Pandemic.
- No refund or compensation will be offered under any circumstances relating to Covid-19 closures, cancellations, or to students or Online Dance Studio staff who are self-isolating due to exposure to Covid-19.
Registered office Address :
23 Freshfield Street, Brighton BN2 9ZG
Last updated: 10/9/2020
Attribution – These terms and conditions were created by Rocket Lawyers
Last updated: 10/9/2020
Attribution – These terms and conditions were created using a document from RocketLawyer (https://www.rocketlawyer.com/gb/en).
Online Dance Studio, Registered Office
23 Freshfield Street
Brighton BN2 9ZG