2.2 If you do not wish to accept any revised terms or policies you should not continue to use the Website. If you continue to use the Website after the date upon which a change comes into effect, your use of the Website indicates your agreement to be bound by the new terms.
3. LICENCE FOR ACCESS TO THE WEBSITE
3.2 The Ballet Association grants you a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Ballet Association.
3.3 This license does not extend to any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
3.4 You may use information on Ballet Association services (such as data and information sheets and knowledge-based articles and similar materials) purposely made available by The Ballet Association for downloading from the Website provided that you do not:
3.5 This licence does not extend to any resale or commercial use of the Website or its contents; any collection or use of any product or service listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of any other business; or any use of data mining, robots, or similar data gathering and extraction tools.
3.7 You are granted a limited, revocable, and non‐exclusive right to create a hyperlink to the Welcome page of the Website as long as the link does not portray The Ballet Association or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Ballet Association logo or other proprietary graphic or trademark as part of the link without our express written consent.
4. AVAILABILITY OF THE WEBSITE
We will endeavour to ensure that availability of the Website will be uninterrupted and that transmissions will be error‐free. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted without notice in order to allow for repairs, maintenance, the introduction of new facilities or services, or for other reasons beyond our control. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason the Website is unavailable at any time or for any period.
5. ACCOUNTS, PASSWORDS AND SECURITY
5.1 In the future, certain features or services offered on or through the Website may require you to register with us or to otherwise provide relevant details (including setting up a user ID and password). You will be responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. You may be held liable for losses incurred by The Ballet Association or any other user of the Website due to some other party using your ID, password or account.
5.2 Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provide to us within the “My Account” area of the Website.
5.3 The Ballet Association designates various types of accounts (each, an “Account“) that provide different functionality to different users of the Site. You may choose your Account type when you first submit a registration for the Services or the Site (your “Registration”).
5.4 If we have reason to believe that there is likely to be a breach of security or misuse of the Website we reserve the right at our discretion to refuse access to the Website; terminate the account; remove or edit content; cancel orders or require creation of a new password. If we cancel an order, it will be without charge to you. We will only terminate your account in accordance with condition 17 below.
5.5 In order to register with Ballet Association, to use the forum (or any chatroom) or to purchase services from us you represent and warrant that:
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO, AND USE OF, THE SERVICES AND THAT ACCOUNT BY YOUR CHILD
5.6 Passwords and security
You will not share your username or password with any other person nor with multiple users on a network;
6. YOUR MATERIAL AND ONLINE CONDUCT
6.1 You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.
6.2 You understand that all content (including data, text, software, music, sound, photographs, graphics, video, messages or other materials), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from which the content originated. This means that you, and not Ballet Association, are entirely responsible for all content that you upload, post or email via the Website (including any chatroom or other forum). We do not control the content posted via any interactive area and therefore do not guarantee the accuracy, integrity or quality of such content.
7. OUR CONTRACT
7.1 When you place an order to purchase a service from The Ballet Association through the Website, we will send you an email confirming receipt of your order and containing the details of your order.
7.2 Your order represents an offer to us to purchase a service which is accepted by us when we send e‐mail confirmation to you that we’ve dispatched that product to you (the “Dispatch Confirmation E‐mail”). That acceptance will be complete at the time we send the Dispatch Confirmation E‐mail to you.
7.3 Any services on the same order which we have not been confirmed in a Dispatch Confirmation E‐mail to have been dispatched do not form part of our agreement with you. The quantity and description of services shall be as set out in the Dispatch Confirmation email.
7.4 All samples, drawings, descriptive matter, specifications and advertising issued by us and any descriptions or illustrations contained in any promotional material or the Website are issued or published for the sole purpose of giving an approximate idea of the goods described in them. They shall not form part of our agreement with you and there is no sale by sample.
8. PRICING, AVAILABILITY AND DELIVERY
8.1 The prices payable for any services that you wish to order are set out in the relevant sections of the Website. We must receive payment of the whole of the price for the services that you order before your order can be accepted.
9.1 The right to cancel does not apply to services that we have agreed to commence providing to you before the end of the Cooling Off Period. Accordingly, where we provide services to you electronically, you may not cancel the agreement between us once we have commenced providing the services or delivered the goods.
9.2 Due to their nature, the cooling‐off period may not apply to services or events e.g. Ballet Association events or meetings.
All services purchased from the website are paid in advance.
10.2 Payment methods
Your credit or debit card will be charged by our secure payments processor at the point of sale when you have purchased any product from Ballet Association
For all payments that you make through the Website you will be directed to our secure payments processor.
11. INTELLECTUAL PROPERTY
11.2 All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Ballet Association or its content suppliers. The compilation of all content on the Website is the exclusive property of Ballet Association. All software used on the Website is the property of The Ballet Association or our software suppliers. All such rights are protected by law.
12. ELECTRONIC COMMUNICATIONS & PRIVACY
12.2 We shall comply with all applicable UK data protection legislation from time to time in place in respect of any Data relating to you gathered by us.
12.3 When you visit the Website or send emails to us, you are communicating with us electronically. We communicate with you by email or by updating or posting notices on the Website. You consent to the receipt of such communications from us and you agree that all agreements, notices, disclosures and other communications that we may provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. SANCTIONS AND TERMINATION
13.3 We reserve the right to take whatever action we deem necessary to prevent such breaches including the following:
13.4 Our decision shall be final in all such cases and any breaches may lead to us reporting your activities to your internet service provider, your employer, relevant authorities or to legal action being taken against you, or both.
13.6 The Ballet Association will not provide any refund if your Account is terminated under the sections 13.1 – 13.5.
13.7 Termination by You. If you notify us that you wish to terminate your Account, regardless of the type of Account you have, we will promptly take such action as is necessary to terminate your Account. Upon such termination, we may also choose to delete your Account Information or remove Content you have posted or uploaded to the Site or your Account.
We will not provide any refund if your Account is terminated under this Section.
14. DISCLAIMER AND LIMITATION OF LIABILITY
14.1 Whilst we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date and we make no commitment to update such material.
14.3 So far as permitted by law we shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from information or instructions that you have supplied to us which are incomplete, incorrect, inaccurate, illegible or through any other omission or failure on your part which has led to such loss or damage.
14.4 We and any of our committee exclude all liability and responsibility for any amount or kind or loss or damage that may result to you or a third party (including without limitation any direct, indirect, punitive or consequential loss or damages or any loss of income, profits, goodwill, data, contracts use of money or loss or damages arising from or connected in any way to business interruption and whether in tort (including without limitation negligence), contract or otherwise in connection with the Website in any way or in connection with the use, inability to use or the results use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
14.5 Without limitation to the generality of conditions 14.1 to 14.4 we disclaim all liability in connection with the following:‐
14.6 Subject to condition 14.7
14.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you shall assume all costs thereof.
15.1 We welcome your comments, feedback, suggestions, and other communications regarding the Site and the information and services we make available through the Site (collectively, “Feedback”).
15.2 The Feedback you provide to us through the Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback.
15.3 We are entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve, modify and delete any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.