TERMS OF SERVICE

Effective Date: 1st November 2023

1.          INTRODUCTION 

1.1       Welcome to the website of Ballet Class Ltd (“Ballet Class”, “we”, “us” “our”), a platform for ballet lovers and fitness enthusiasts, offering a range of ballet, pilates and workout class videos, recorded by a range of professional dancers. The workouts are designed for Your own personal training use or simply for You to watch and enjoy the content.  We are a company registered in England and Wales with company number 13070946 and registered office at 71-75 Shelton Street, London WC2H 9JQ.

1.2       The following terms and conditions (“Terms”) govern Your access to and use of www.balletclass.com (the “Website”), including any content, functionality and services offered the Website (“Services”), whether as a guest, or a subscribed user, sponsor or person gifting a subscription.  PLEASE READ THESE TERMS CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR SERVICES.  BY ACCESSING THE WEBSITE OR USING THE SERVICES, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS.

1.3       Please read our Privacy Notice which also governs Your use of the Website and Services.  We will not use Personal Information (as defined in the Privacy Notice) or cookies in a way that is inconsistent with the purposes and limitations provided in the Privacy Notice. 

1.4       This Website is offered and available to users who are 18 years of age or older, or younger users aged 13 and over with the consent of their parent or guardian by the method indicated on the Website. By using this Website, You represent and warrant that You are of legal age to form a binding contract with Ballet Class and meet all of the foregoing eligibility requirements. In the case of younger users aged 13 or over, You may use the Website or Services only with the consent of a parent or guardian and provided that Your parent or guardian has taken out a subscription plan on Your behalf prior to You accessing the Services.  If You do not meet all of these requirements, You must not access or use the Website or Service.

2.          CHANGES TO THE TERMS 

2.1       We may, from time to time, update or modify these Terms or the Privacy Notice without prior notice to You (unless required to do so by applicable law). All changes are effective immediately when we post them.  For this reason, we recommend that You review the Terms and Privacy Notice whenever You use or access the Website.

2.2       If at any time You do not agree to the Terms or Privacy Notice, please do not use or access the Website.  Your continued use of the Website after any changes to the Terms or Privacy Notice will constitute Your acceptance of the changes.  

3.          YOUR ACCESS TO AND USE OF THE SERVICE 

3.1       The Service and any content viewed through the Website, is provided to You by Ballet Class solely for Your personal and non-commercial use. This means that You may not and may not permit, assist or enable another person to copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, allow others to copy, or otherwise exploit this Website or Service or any of the content, including but not limited to access or use the Website or any of the content for any commercial purpose or for any purpose which competes with our business.

3.2       You must create an account to use the Service.  Please note that if You are Sponsor or purchasing an annual subscription as a gift for a fortunate recipient, Your account is not enabled for the purposes of enjoying/viewing the content – You will simply be asked to create an account to manage Your subscription solely for the benefit of the sponsee/gift recipient. Keep Your password safe and secure as You are responsible for all activity that occurs through Your account.  You agree You will not share, sell, transfer, license or assign Your account, login credentials, or any account rights. When setting up and maintaining Your account, You must provide and continue to provide accurate and complete information, including a valid email address.

3.3       You agree that You will not solicit, collect or use the login credentials of other Ballet Class users.  

3.4       If we discover that You have created an account that violates these rules, we will terminate Your account. You must notify us immediately upon learning that someone else may be using Your account without Your permission (or if You suspect any other breach of security) by contacting us at support@balletclass.com.

3.5       Additional terms apply where You are purchasing a gift for someone. Please refer to the terms in the Appendix.

4.          PROHIBITED USES 

4.1       You may access or use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

a)          In any way that violates any applicable local, federal, state, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the UK or other countries); 

b)          To impersonate or attempt to impersonate another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); 

c)           For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by asking for personally identifiable information or otherwise; and 

d)          To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

4.2       Additionally You agree not to:    

a)          Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;

b)          Use any robot, spider or other automatic device, manual process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

c)           Use any device, software or routine that interferes with the proper working of the Website;

d)          Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

e)          Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; 

f)           Attack the Website via a denial-of-service attack or a distributed denial-of-service attack;

g)          Provide us with any name or email address of a third party where You are not authorised to do so.

5.          LICENSE AND OWNERSHIP OF CONTENT 

5.1       The Website and Service contains content owned or licensed by Ballet Class. The content is protected by copyright, trademark, patent, trade secret, performance rights, moral rights and other laws, and, as between You and Ballet Class, Ballet Class owns and retains all rights in the content and the Service. 

5.2       We grant You a limited, non-exclusive, non-transferable license to access and view the content (except where You are sponsor or gifting a subscription) for which You have paid all required fees, solely for Your personal, non-commercial purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services.  All other uses are expressly prohibited.

5.3       You grant to Ballet Class and a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, disclose and modify the names, words or phrases submitted by You for the purposes of creating Your account.  This includes where You provide us with the email address and name of an individual You wish to gift a subscription to; it is your responsibility to check that You are authorised to do so.

6.          PAYMENTS, BILLING, CANCELLATIONS AND REFUNDS

6.1       Subscriptions. We offer a subscription-based service which can be purchased from the Website – for Your personal use or if You are sponsor or gifting a subscription, for Your sponsee’s/gift recipient’s personal use. All purchases through the Website, whether or not via a sponsor, are governed by these Terms.  Please note that if You wish to be a sponsor or gift a subscription, You can only purchase the annual subscription plan. Your subscription term starts from the date Your payment is received or, if You are a gift recipient, at the date Your link is activated, or, if You are a sponsee, on the date payment is allocated to Your account.

6.2       Automatic billing. By signing up to a subscription plan, including for the benefit of a sponsee/gift recipient, You agree to automatic billing to be deducted from the payment form You provided to us and agree to pay the charges made to Your account in connection therewith. Except in the case of one-off purchases, Your subscription and regular billing of Your account will continue indefinitely unless cancelled by You by following the steps described in section 6.3.  You must pay for the products before You (or Your sponsee or gift recipient) can download them.  

6.3       Non-refundable. Subject to section 7.3(b), payments are non-refundable and there are no refunds for partially used periods. You may cancel a recurring subscription at any time for any reason.  To cancel Your recurring subscription, go to the user account page in Your account and click the button for cancellation. If You cancel Your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following a cancellation, however, You will continue to have access to the Service through the end of Your current subscription period. Please note that if You are a sponsor or gifting a subscription, You are committing to a non-recurring annual subscription which cannot be cancelled during the subscription term as this  will affect Your sponsee’s/gift recipient’s ability to continue to have access to the content and use of the Service.  

6.4       Payment methods: You can use ApplePay, Google Pay, PayPal and payment by credit and debit cards, along with any other payment methods we may accept from time to time. We may use www.stripe.com, a third party service provider to process the payments, or other providers from time to time.  You agree to the terms and conditions for use of those providers and understand that they would be solely responsible for the security, privacy, and processing of those transactions.  You expressly authorise us to charge the credit or debit card or other payment form provided each recurring billing period. If You are a sponsor, Your payment for the benefit of your sponsee will be taken by us once You are matched with a sponsee.  If You are gifting a subscription, Your payment will be taken by us immediately – this is not a recurring payment.  If You provide a payment method that results in overdraft, chargeback, or other fee from Your bank, You alone are responsible for that fee.

6.5       Suspension/termination for non-payment. When You make a purchase, You agree not to use an invalid or unauthorised payment method. If we are unable to process payment through the payment method we have on file for You, or if You file a chargeback disputing charges made to Your payment method and the chargeback is granted, We may suspend or terminate Your subscription.  If Your payment method fails and You or Your sponsee/gift recipient still get access to the content You are subscribing to, You agree to pay us the corresponding fees within ten (10) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

6.6       Price increases. We reserve the right to change our subscription plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to Your subscription will take effect following notice to You, except as otherwise required by applicable law. Your continued use of the Service after the price change becomes effective constitutes Your agreement to pay the changed amount.  PLEASE NOTE, IF YOU HAVE AGREED TO THE SOLOIST MEMBERSHIP, EVEN IF YOU DO NOT USE THE SUBSCRIPTION OR ACCESS THE WEBSITE, YOU WILL BE RESPONSIBLE FOR ANY REGULAR FEES UNTIL YOU CANCEL YOUR SUBSCRIPTION OR IT IS OTHERWISE TERMINATED. SUBJECT TO SECTION 7.3(b), NO REFUNDS WILL BE MADE IF YOU DO NOT USE OR ACCESS THE WEBSITE OR SUBSCRIBED FOR CONTENT.

6.7      What to do if You think the subscription amount is wrong. If You think the amount charged to You is wrong, please contact us at support@balletclass.com promptly to let us know. 

7.          IF THERE IS A PROBLEM WITH THE PRODUCT

7.1       How to tell us about problems. If You have any questions or complaints about the product, please contact us. You can write to us at support@balletclass.com.

7.2       Summary of Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See section 7.3 below for a summary of Your key legal rights in the United Kingdom in relation to the product. Nothing in these Terms will affect Your legal rights.

7.3       Summary of Your key legal rights in the UK. This is a summary of Your key legal rights in the United Kingdom. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call (44) (0)3454 04 05 06. In relation to digital content, such as a subscription to a dance class or fitness content service, the UK Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

a)          If Your digital content is faulty, You are entitled to a repair or a replacement;

b)          If the fault can't be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, You can get some or all of Your money back. Please note where You have the benefit of funding from a sponsor or have been gifted a subscription, any refund will be made to Your sponsor/individual who gifted You the subscription, not to You;

c)           If You can show the fault has damaged Your device and we haven't used reasonable care and skill, You may be entitled to a repair or compensation pursuant to section 8.4(C).

7.4    Rights in other jurisdictions. For other jurisdictions please consult Your local citizens advice centres or similar organisations.  

8.          HEALTH WARNING, DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

8.1       WARNINGS.

a)              HEALTH WARNING. YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PRACTITIONER BEFORE PARTICIPATING IN ANY DANCE OR EXERCISE PROGRAM.  NOTHING STATED HEREIN IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR MEDICAL ADVICE. YOU SHOULD NOT USE THE CONTENT OR CARRY OUT THE ACTIVITIES PERFORMED OR DESCRIBED IN ANY MANNER IF YOU HAVE A HISTORY OF HEART DISEASE, HIGH BLOOD PRESSURE, HIGH CHOLESTEROL, HAVE EXPERIENCED CHEST PAINS WHILE EXERCISING, ARE CURRENTLY PREGNANT, OR HAVE BEEN ADVISED BY A DOCTOR TO AVOID THE TYPE OF ACTIVITIES DESCRIBED OR SHOWN ON THE WEBSITE.  BY PARTICIPATING IN ANY CLASSES THERE IS A RISK OF PERSONAL INJURY AND SUBJECT TO SECTION 8.4 YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR ANY SUCH INJURY OR ACCIDENT.

b)              EXERCISE ENVIRONMENT.  WE STRONGLY RECOMMEND THAT  YOU (I) RISK ASSESS THE ENVIRONMENT THAT YOU WILL BE PERFORMING THE ACTIVITY IN AND MAKE SURE IT IS CLEAR OF HAZARDS AND OBSTACLES, (II) HAVE ENOUGH ROOM TO PARTICIPATE IN THE ACTIVITY WITHOUT ANY OBVIOUS RISK OF INJURY TO YOURSELF, TO OTHERS OR RISK OF ANY DAMAGE TO SURROUNDING PROPERTY, (III) CHOOSE APPROPRIATE CLOTHING, FOOTWEAR AND EQUIPMENT FOR THE ACTIVITY YOU ARE TAKING PART IN. SUBJECT TO SECTION 8.4, BALLET CLASS DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE OR INJURY CAUSED BY YOUR FAILURE TO PROPERLY ASSESS YOUR ENVIRONMENT, CLOTHING, FOOTWEAR OR EQUIPMENT.

c)              PARENTAL RESPONSIBILITY. IF YOUR CHILD/CHILDREN ARE PARTICIPATING, YOU WILL TAKE FULL RESPONSIBILITY FOR THEIR SAFETY AS THEIR PARENT/GUARDIAN.

8.2       DISCLAIMER OF WARRANTY. YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS.  WE (AND THE DANCERS WHOSE CONTENT FORMS PART OF THE SUBSCRIPTION) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, LACK OF ERRORS, OR ACCURACY OF THE SERVICES OR THEIR CONTENT, AND EXPRESSLY DISCLAIM ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED), INCLUIDNG IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  WE (AND THE DANCERS WHOSE CONTENT FORMS PART OF THE SUBSCRIPTION) MAKE NO WARRANTY THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM USE OF THE SERVICES.  

8.3       EXCLUSION OF LIABILITY. Subject to section 8.4(C), we will not be liable for any damages of any kind arising from Your use of the Website or Services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if we are expressly advised about the possibility of such damages. 

8.4       LIMITATION OF LIABILITY. 

(A)   Liability. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to You in any manner, then subject to section 8.4(C), our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the amount paid by You during the prior six (6) months’ or (ii) one hundred pounds sterling (£100)/equivalent in the currency You have paid. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THESE TERMS SHALL LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

(B)   Restrictions on limiting or excluding liability. The UK and some other jurisdictions do not allow limitations on certain implied warranties or the exclusion or limitation of certain damages. If these laws apply to You, some or all of the above disclaimers, exclusions, or limitations may not apply to You, and You might have additional rights. Please refer to Your local laws. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of Your legal rights in relation to the products; and for defective products under the UK Consumer Protection Act 1987, and otherwise as specified in the UK Unfair Contracts Terms Act 1977 and UK Consumer Rights Act 2015. NOTHING IN THESE TERMS SHALL LIMIT YOUR STATUTORY RIGHTS UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE RESIDENT.

(C)   When we are liable for damage. If any defective digital content which we have supplied damages a device or digital content belonging to You and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay You compensation.

9.          TERMINATION 

9.1       You agree that Ballet Class, in its sole discretion, may suspend or terminate Your account (or any part thereof) or use of the Service, for any reason, including, without limitation if Ballet Class believes that You have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of Your use of Service, may be referred to appropriate law enforcement authorities. Ballet Class may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of Your access to the Service under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Ballet Class may immediately deactivate or delete Your account and all related information and/or bar any further access to the Service. Further, You agree that Ballet Class will not be liable to You or any third party for any termination of Your access to the Service.  Refunds are not available for accounts which have violated these Terms; violations are determined at Ballet Class’s sole discretion.

10.       LINKS TO THIRD PARTY SITES 

10.1    If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third party websites linked to this Website, You do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11.       GOVERNING LAW AND JURISDICTION  

11.1    All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any choice or conflict of law provision or rule.

11.2    Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted by us exclusively in the courts of the United Kingdom, although we retain the right to bring any suit, action or proceeding against You for breach of these Terms in Your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

11.3    If You live in England, You can bring legal proceedings in respect of the products in the English courts. If You live in Scotland You can bring legal proceedings in respect of the products in either the Scottish or the English courts. If You live in Northern Ireland You can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.  If You live in another jurisdiction and took out the subscription as a resident in that jurisdiction, You may have the right to bring proceedings in the jurisdiction in which You are resident.

12.           GENERAL

12.1        No waiver by Ballet Class of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Ballet Class to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

12.2        If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

12.3        You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

12.4        You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if You registered an account as an employee of a company, Your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. 

12.5        These Terms and Privacy Notice constitute the sole and entire agreement between You and Ballet Class with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

13.           HOW TO CONTACT US 

13.1        If You have any questions regarding the Website, these Terms, our Privacy Notice, or the content of the Website, You may contact us at: support@balletclass.com.

APPENDIX

Additional terms applicable to gifts

These Gift Terms and Conditions (digital goods) (this “Agreement”) between you and BalletClass Limited ("we," "us," "our") describes your ability to purchase and redeem gifts of Digital Goods (“Gifts”) from Us. You accept this Agreement when you purchase or redeem a Gift our website at www.balletclass.com.

This Agreement has important terms about our relationship. It also incorporates our Terms of Service.

1.     Purchasing a Gift. You will be charged immediately upon purchase of the Gift at the price indicated when you complete your purchase. We do not offer price matching should the price change in the future. You must designate a single Gift recipient using the individual’s email address. Once you have completed the purchase, an email will be sent to the Gift recipient containing a code ("Code") to redeem the Gift. Unless you select a different delivery date, the email will be sent to the recipient immediately following purchase. If available, you can schedule delivery of the Gift email up to one year following the purchase date. 

2.     Redeeming a Gift. To redeem your Gift, the recipient must have a valid email address. Anyone with access to the Gift email can use the Code to redeem the Gift and We do not control whether the recipient elects to redeem the Gift or pass it along to others. Codes are single use and may only be redeemed once. Some Gifts expire and must be used by the Gift recipient within the indicated period. We are not responsible if the Gift Code is lost, stolen, misplaced or used without your permission or if the Gift expires before it is redeemed or used. The recipient’s ability to redeem and use a Gift may require certain hardware or software specifications, including Internet access service. Gifts may contain additional terms that you or the recipient are required to accept before the recipient can use the Gift. Gifted content is for personal and lawful use only.

3.     Minors. Gifts to minors are subject to consent by their parents or guardian. Please see our Terms of Service for more information.

4.     Returns and Refunds. Gifts may be cancelled and refunded to the Gift purchaser up to 14 days after the purchase or until redeemed by the Gift recipient, whichever occurs first. Gift recipients are not entitled to a refund or cooling off period, and you acknowledge that no refund will be made, except as required by law.

5.     Eligible Content. Gifted subscriptions for Digital Goods are only valid for the subscription period specified at purchase. At the expiration of the subscription period, the Gift recipient will have the opportunity to pay to continue the subscription at the price offered at that time. If the recipient elects not to continue the subscription, the recipient’s subscription will terminate.

6.     Customer service. For any questions or disputes regarding purchasing or redeeming a Gift, or access and use of a Ballet Class account, please contact us at support@balletclass.com.

7.     Suspension; Termination; Non-Redeemable for Cash. If you violate the terms of this Agreement, we may take any action against you that we deem appropriate, including suspending or terminating your ability to purchase or redeem Gifts, or access your BalletClass account. When you purchase a Gift, you are purchasing the applicable product or service. Gifts and Codes are not redeemable for cash or eligible for resale and are void where prohibited.