Our Membership Terms
1. These terms
1.1 What these terms cover. These are the terms and conditions of your membership of danceSing on which we supply digital content to you.
1.2 Why you should read them. Please read these terms carefully before you join. These terms tell you who we are, how we will provide digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Dance-Sing Limited a company registered in Scotland. Our company registration number is SC532305 and our registered office is at 6 Redheughs Rigg, Edinburgh, Scotland, EH12 9DQ.
2.2 Our danceSing membership. Membership gives you access to our danceSing audio and/or video content; that content is referred to in these membership terms as the digital content.
2.3 How to contact us. You can contact us by writing to us at email@example.com or 6 Redheughs Rigg, Edinburgh, Scotland, EH12 9DQ.
2.4 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.
2.5 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 Applying for membership. You can apply for membership on our website. When you do so you will choose your subscription period (monthly in advance; quarterly in advance; and, annually in advance).
3.2 How we will accept your membership. Our acceptance of your membership will take place when we email you to accept it, at which point a contract will come into existence between you and us, and your subscription period will start.
3.3 If we cannot accept your membership. If we are unable to accept your membership we will inform you of this in writing. This might be because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, or because we have identified an error in the price or description given to you.
3.4 Your membership number. Your unique membership number can be found in the ‘My Account’ section on the danceSing website. It will help us if you can tell us the membership number whenever you contact us about your membership.
3.5 Rolling membership. Your membership will be renewed at the end of each subscription period unless you have cancelled your membership (see clause 9) before the end of that subscription period.
4. Our rights to make changes
4.1 Minor changes to the digital content. We may change the digital content:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not greatly affect your use of the digital content.
4.2 More significant changes to the digital content and these terms. In addition, we may make larger changes to these terms or the digital content, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any digital content paid for but not received.
4.3 Updates to digital content. We may update the digital content, provided that the digital content always matches the description of it that we provided to you before you bought it.
5. What is membership?
5.1 Membership gives access to the digital content.
(a) The digital content may include from time to time:
(i) scheduled content as set out [monthly in advance] on our website;
(b) The digital content is made available to pre-paid members:
(i) for the duration of their membership subscription period, and
(ii) for the member’s sole right to view the digital content in private.
5.2 Your access to the digital content. To be able to access the digital content you will need to ensure that (i) your device (phone, tablet, computer etc) and (ii) internet connection both meet our minimum specification from time to time. You can find that current minimum specification at: Technical Specification
5.3 Membership is personal to you. You may not share with, or provide access to the digital content to, someone else, whether for money, for anything else or for free.
5.4 Ownership of intellectual property. All intellectual property rights in the digital content belong to us (or our licensors) and you have no intellectual property rights in, or to, the digital content other than the right to use it in accordance with these terms.
6. Your health and wellbeing
6.1 The danceSing On Demand programme is physically demanding. You must listen to your body and work at a level that is appropriate to your health and ability. Take breaks when needed and keep hydrated, ensure you have space to workout, clear of any objects, loose floor coverings, pets, children, other people, or equipment not currently in use.
6.2 What is your physical condition? Only you can know if you are in a suitable physical condition to safely perform this exercise program and follow the nutrition plan. If you have any doubt at all, consult your doctor or physician before you take part in danceSing On Demand to assess your physical suitability. Follow all safety instructions before and during this or any fitness plan.
6.3 If you experience pain, discomfort, dizziness or nausea. If at any time you feel pain, discomfort, dizziness or nausea, you should slow down and stop exercising slowly. Then consult your medical provider.
6.4 Exercising with children. If exercising with a child, please assess the suitability of the exercise program first and consult with the child’s doctor or physician to confirm that they are physically fit to take part in danceSing On Demand. If at any time your child experiences pain, discomfort, dizziness or nausea, you should instruct them to slow down and stop exercising slowly. Again, then consult your child’s medical provider.
6.5 If you are pregnant or have underlying medical conditions. If you are pregnant or have any underlying or special medical conditions you must first consult a doctor or physician to seek medical advice and confirm you understand the risks, contraindications, and complications of using this programme. Failure to do so could result in significant injury to you and others (including, if applicable, your unborn child).
6.6 Accepting this statement. By accepting membership, you acknowledge you have read, understand and agree with this statement.
7. Providing the digital content
7.1 When we will provide the digital content.. We will supply the digital content to you until your membership expires or you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 10.
7.2 We are not responsible for delays outside our control. If our supply of the digital content is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any digital content you have paid for but not received.
7.3 We are not responsible for you being unable to access the digital content. If your access to the digital content is prevented by (i) your device or internet connection not meeting our minimum specification and/or (ii) an event outside our control will not be liable for any inability to access the digital content.
7.4 Reasons we may suspend the supply of digital content to you. We may have to suspend the supply of digital content to:
(a) deal with technical problems or make minor technical changes;
(b) update the digital content to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the digital content as requested by you or notified by us to you (see clause 4).
7.5 Your rights if we suspend the supply of digital content.. We will contact you in advance to tell you we will be suspending supply of the digital content, unless the problem is urgent or an emergency. If we have to suspend the digital content for longer than 72 hours in any 168 hours we will adjust the price so that you do not pay for digital content while they are suspended. You may contact us to end the contract for digital content if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 72 hours in any 168 hours and we will refund any sums you have paid in advance for the digital content in respect of the period after you end the contract.
7.6 We may also suspend supply of the digital content if you do not pay. If you do not pay us for the digital content when you are supposed to (see clause 12.4), we may suspend supply of the digital content until you have paid us the outstanding amounts. We will not charge you for the digital content during the period for which they are suspended.
8. Your rights to end the contract
8.1 You can always end your contract with us. Your rights when you end the contract will depend on whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the digital content repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
(c) In all other cases, see clause 8.4.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any digital content which have not been provided and you may also be entitled to compensation. The reasons are:
(a) we have told you about an upcoming change to the digital content or these terms which you do not agree to (see clause 4.2);
(b) we have told you about an error in the price or description of the digital content and you do not wish to proceed;
(c) there is a risk that supply of the digital content may be significantly delayed because of events outside our control;
(d) we have suspended supply of the digital content for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 96 hours; or
(e) you have a legal right to end the contract because of something we have done wrong.
8.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013).. For some products bought online you have a legal right to change your mind within 14 days and receive a refund. You do not have a right to change your mind in respect of digital products (such as your membership) unless you choose to defer your access to the digital content by writing to us by email AFTER your membership starts and BEFORE you first access the digital content. If you do choose to defer your access, information about the right to cancel under this clause 8.3 will be emailed to you at that time.
8.4 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.3), you can still end the contract before it is completed, but you will have to pay us for the remainder of the current subscription period. Your membership (and your access to the digital content) will continue until the end of the subscription period; you will not receive a refund if you cancel under this clause 8.4.
9. How to end the contract with us
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
(a) Email. Email us at firstname.lastname@example.org. Please provide your name, home address, membership number and, where available, your phone number and email address.
(b) Online. Sign in to your account on the danceSing website and choose the “cancel your membership” option.
(c) By post. Simply write to us at 6 Redheughs Rigg, Edinburgh, Scotland, EH12 9DQ, advising of your desire to cancel your membership, including details of what you bought, your name and address and your membership number.
9.2 How we will refund you. If we are due to refund you we will make that refund by the method you used for payment.
10. Our rights to end the contract
10.1 We may end the contract if you break it. We may end the contract for digital content at any time by writing to you if:
(a) you do not make any payment to us when it is due; and
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the digital content.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for digital content we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
10.3 We may withdraw membership from you or more broadly. We may write to you to let you know that we are going to stop providing you digital content. We will let you know at least 14 days in advance of our stopping the supply of the digital content and will refund any sums you have paid in advance for digital content which will not be provided.
11. If there is a problem with the digital content
11.1 How to tell us about problems. If you have any questions or complaints about the digital content, please contact us. You can write to us at email@example.com or 6 Redheughs Rigg, Edinburgh, Scotland, EH12 9DQ.
11.2 Summary of your legal rights. We are under a legal duty to supply digital content that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the digital content. Nothing in these terms will affect your legal rights.
|Summary of your key legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
a) If your product is, for example a subscription to service such as danceSing membership, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
b) If your digital content is faulty, you’re entitled to a repair or a replacement.
c) 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.
d) 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
See also clause 8.3.
12. Price and payment
12.1 Where to find the price for the digital content. The price of your membership (which includes VAT) will be the price indicated on the web pages when you joined. We take all reasonable care to ensure that the price of the digital content advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the digital content.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your membership date and the date we supply the digital content, we will adjust the rate of VAT that you pay, unless you have already paid for the digital content in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the membership we sell may be incorrectly priced. We will normally check prices before accepting your membership so that, where the digital content’s correct price at your membership date is less than our stated price at your membership date, we will try to charge the lower amount. If the digital content’s correct price at your membership date is higher than the price stated to you, we will contact you for your instructions before we accept your membership.
12.4 When you must pay and how you must pay. We accept payment using the methods set out on our website. For digital content, you must pay for the digital content in advance.
12.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
13. Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. 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 digital content; and for defective digital content under the Consumer Protection Act 1987.
13.3 If 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. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.4 We are not liable for business losses. We only supply the digital content for domestic and private use. If you use the digital content for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14. How we may use your personal information
15. Other important terms
15.1 You must comply with local laws. Our website and our membership program is primarily offered for the benefit of members in the UK. You must ensure you comply with the law in your location. You must not use your membership, or the digital content, in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms.
15.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
15.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Scottish law and you can bring legal proceedings in respect of the digital content in the Scottish courts. If you live in England and Wales you can bring legal proceedings in respect of the digital content in either the English or the Scottish courts. If you live in Northern Ireland you can bring legal proceedings in respect of the digital content in either the Northern Irish or the Scottish courts.
15.5 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. We have chosen not to adopt an ADR process.