Website Terms of Use
TERMS AND CONDITIONS FOR USE OF THE WEBSITE AND THE SUPPLY OF SERVICES (“TERMS OF USE”)
1. APPLICATION OF THESE TERMS OF USE
1.1 These Terms of Use govern your use of the Ballet Association website (“the Website”), your relationship with The Ballet Association (“BA, we or us”) and the supply of any services through the Website. Please read them carefully as they affect your rights and liabilities under the law.
1.2 BY ACCESSING ANY PART OF THE WEBSITE YOU SHALL BE DEEMED TO HAVE ACCEPTED THESE TERMS OF USE IN FULL. IF YOU DO NOT ACCEPT THE TERMS OF USE, YOU SHOULD NOT USE THE WEBSITE.
1.3 IN ORDER TO PLACE AN ORDER FOR ANY SERVICES AVAILABLE ON THE WEBSITE, YOU MUST FIRST REGISTER. YOUR ACT OF REGISTRATION CONFIRMS THAT YOU HAVE READ AND AGREED THESE OF TERMS OF USE.
1.4 Subject to any variation under condition 2 any contract between us for the sale and supply of services shall be on these conditions (and, where applicable, the Privacy Policy) to the exclusion of all other terms and conditions (including any terms and conditions which you may purport to apply under any purchase order, confirmation of order, specification or other document).
1.5 These conditions apply to your use of the Website and to all sales that we may make to you and to any variation to these Terms of Use. Any representations about the goods and services shall have no effect unless expressly agreed in writing and signed by the Chairman of The Ballet Association. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms of Use. Nothing in this condition shall exclude or limit our liability for fraudulent misrepresentation.
2. AMENDMENTS
2.1 We reserve the right, at our sole discretion, to amend these Terms of Use, the Website and any related policies at any time. You will be subject to the terms and policies in force at the time that you use the Website or that you order goods or services from us and you should therefore check the Website from time to time to review the then current terms. Certain provisions of the Terms of Use or Privacy Policy may be superseded from to time by expressly designated legal notices or terms located on particular pages of the Website.
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
3.1 Unless otherwise stated, the copyright and other intellectual property rights in all materials on this Website are owned by The Ballet Association or its licensors. Any use of extracts from this Website other than in accordance with the following provisions of this condition is prohibited. If you breach any of the conditions in these Terms of Use, your permission to use the Website automatically terminates and you must immediately delete any downloaded content from 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.
3.6 Except as expressly provided no part of the Website or its content may be reproduced, duplicated, copied, sold, resold, visited, publicly displayed or otherwise exploited for any commercial purpose without our express written consent. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any unlawful activity or other activity which infringes the rights of The Ballet Association or others. Without limitation to the generality of the foregoing you may not (without our express written consent):
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. CANCELLATION
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.
10. PAYMENT
10.1 Fees
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
11.1 The names, images and logos identifying The Ballet Association, the Website and our products and services are subject to copyright, design rights and trademarks which are owned by Ballet Association. Save where we expressly grant a licence to you in accordance with these Terms of Use nothing contained in these Terms of Use shall be construed as conferring by implication, a right or otherwise any licence to use any trade mark, patent, design right or copyright of The Ballet Association or any third party.
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.
11.3 BALLET ASSOCIATION, THE BALLET ASSOCIATIONLOGO, and other marks indicated on the Website are trademarks or registered trademarks of The Ballet Association. Ballet Association graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Ballet Association. Ballet Association trademarks and trade dress may not be used in connection with any product or service that is not Ballet Association’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ballet Association. All other trademarks not owned by The Ballet Association that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ballet Association. No licence is granted to you in these Terms of Use to use our trademarks.
12. ELECTRONIC COMMUNICATIONS & PRIVACY
12.1 By subscribing to The Ballet Association’s service, You are agreeing to LAM’s Privacy Policy in that the information and personal data you provide to it and information about your Account (“Data“), may be used by The Ballet Association for purposes including the execution of this Contract, administration of Your Account, marketing of Ballet Association’s services, and market research.
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.
12.4 Our Privacy Policy applies to use of the Website and its provisions are incorporated as a part of these Terms of Use by this reference. In addition, by using the Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information that you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example credit card information) is encrypted.
13. SANCTIONS AND TERMINATION
13.1 You acknowledge and agree that The Ballet Association may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Site if we determine that you are in breach of these Terms of Use or our Privacy Policy or any other agreements or guidelines which may be associated with your use of the Website. You also agree that any breach of these Terms of Use or the Privacy Policy may constitute an unlawful or unfair business practice which may cause irreparable harm to The Ballet Association, for which monetary damages would be inadequate, and you consent to The Ballet Association obtaining any injunctive or equitable relief that The Ballet Association deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Ballet Association may have at law or in equity and to the following provisions of this condition.
13.2 In the event that we are notified of activities that are a breach of these Terms of Use or our Privacy Policy, in addition to the action referred to above, we may ban, delete or prohibit any content that relates to such breaches or that we judge harmful to individuals or the rights of The Ballet Association or any of our affiliates, licensors or partners.
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.
13.5 In addition to the foregoing we may at any time move, modify or remove any content or take further legal action as a result of breaches or suspected breaches of these Terms of Use or our Privacy Policy or breach of any applicable laws or regulations or where our rights or third party rights are threatened or infringed.
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.
14.2 The material on the Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we make the Website available on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable skill and care) which, but for these Terms of Use, might have affect in relation to the Website.
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
(A) OUR TOTAL LIABILITY IN CONTRACT, TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), MISREPRESENTATION, RESTITUTION OR OTHERWISE, ANY BREACH OF THESE TERMS OF USE OR ANY OTHER CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE PURCHASE OF ANY SERVICES SHALL NOT EXCEED TWICE THE TOTAL AMOUNT OF MONIES ACTUALLY RECEIVED BY THE BALLET ASSOCIATION FROM YOU IN RESPECT OF SERVICES PURCHASED BY YOU THROUGH THE WEBSITE; AND
14.7 Nothing in these Terms of Use shall exclude or limit our liability for:
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. FEEDBACK
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.
16. MISCELLANEOUS
16.1 You may not assign, sub‐license or otherwise transfer any of your rights under these Terms of Use.
16.2 If any provision of these Terms of Use is found to be invalid by any Court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these of use, which shall remain in full force and affect.
16.3 We will not be responsible for any delay or failure to comply with our obligations under these Terms of Use if such delay or failure arises from any cause, which is beyond our reasonable control.
16.4 These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between us as to the terms upon which you may use the Website and supersede any previous agreement or discussions between us relating to the subject matter of these Terms of Use. Nothing said by any salesperson or other person or entity on our behalf shall be understood as a variation of these Terms of Use or as an authorised representation about the nature or quality of the goods or services we provide or the Website. Save for fraud or fraudulent misrepresentations, we shall have no liability for any such representation being untrue or misleading.
16.5 In the event that you breach these Terms of Use and we do not take immediate action in relation to this, we shall still be entitled to exercise all of our rights and remedies at a later date or in any other circumstances where you are in breach of these terms of use.
16.6 Neither party intends that any provision of these terms of use shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to these terms of use.
16.7 The law applicable to the validity, construction and performance these Terms of Use shall be the laws of England and the parties irrevocably submit to the exclusive jurisdiction of the English Courts.
We welcome your views about the Website, the Policy or our Terms of Use. If you would like to contact us with any queries or comments, please contact us via our contact form.