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TERMS OF USE

 

ACCEPTANCE OF TERMS

Your access to and use of our website www.baletwithoutbarres.com (the "Website") is subject to the terms of use set out below. Please read the terms carefully (together with the documents referred to in these terms) before you start to use the Website. By using the Website, you indicate that you fully accept these terms and agree to abide by them. If you do not agree to these terms, please refrain from using the Website.

 

INFORMATION ABOUT US

The Website is a website operated by Ballet without Barres of 128 Belgrave Road, London, SW1V 2BL ("us", "we" and "our"). Our site is hosted on Wix.com. They provide us with the website hosting, events booking and email platform that allows us to present our Website, send emails and sell our products and services to you.

 

ACCESSING THE WEBSITE

The purpose of the Website is as an information-only website for us to provide information about our organisation and the courses we run, to the user and the wider public in general. Users can view the information provided via the Website and contact us via the Website with queries and requests for further information. We reserve the right to shutdown or amend the Website without notice and without liability.

 

INTELLECTUAL PROPERTY RIGHTS

All copyright, trade marks and all other intellectual property rights in the Website and its content not submitted by members (including without limitation the design, graphics, the arrangement thereof, all software and source codes connected with the Website) are owned by or licensed to us. The user may not copy, sell, rent, lease, license, sub-license, trade under, grant any rights in, transfer, distribute, time-share or otherwise assign to any third party any of the materials or content on the Website or any portion of the Website. Any unauthorised or restricted act in relation to the materials or content on the Website or any portion of the Website may result in civil proceedings and/or criminal prosecution.

 

PERMITTED USE

The user is authorised to view, print or download one copy of the materials or content on the Website on any single computer for the user’s personal, non-commercial use, provided that any proprietary notices, marks, logos and other legends that appear on the copied screens remain on, and are not removed from, the printed or stored images of such screens. This permission is subject to the material being reproduced accurately and not being used in a misleading context and does not extend to any material on the Website that is identified as being the copyright work(s) of a third party. The user may not modify any content or materials on the Website in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose. The user is authorised to browse the Website, send queries and request further information from us and submit the user’s contact details for a response, view and book courses and link to other third party website.  Where the user wishes to use the Website or any content or material on the Website for purposes other than that permitted above, the user must obtain our prior written consent, or the consent of the relevant third party for third party content. If the user breaches any of these Website Terms of Use, the user’s authorisation to use the Website and the content and material on the Website automatically terminates and the user must immediately destroy any downloaded or printed materials.

 

CHANGES TO THE WEBSITE

We aim to update the Website regularly but you acknowledge and accept that there may be some delay in updating the Website with regard to the latest courses, meaning that some courses, whilst showing on the Website, may no longer be current. As these areas are ever changing, we recommend that the user refers to this area of the Website on a regular basis in order to ensure that the user is aware of our most recent Website Terms of Use, our Privacy Policy and other policies. We reserve the right to modify, add to or change these Website Terms of Use, the Privacy Policy, and any other policies at any time without notice. Any such modifications, additions or changes will be effective immediately on being posted to the Website. Continued use of the Website after a modification, addition or change has been made is the user’s acceptance of the modification, addition or change.

 

UNAUTHORISED ACCESS BY THIRD PARTIES

It is possible that third parties (hackers) may access the Website and alter the Website’s contents or place damaging materials or programmes on the Website, including but not limited to computer viruses, Trojan horses, worms, bots and other destructive digital elements. We will not be liable for any damage or loss arising out of or resulting from any such unauthorised access to, alteration to or modification of information contained on the Website or infection of the Website in this way. In any event, it is the user’s sole responsibility to take all protective measures to guard against computer viruses or other destructive elements.

 

THIRD PARTY LINKS, FRAMES AND PORTALS

The Website incorporates links to other websites, frames and portals ("Third Party Sites") designed, maintained and operated by third parties. We have not reviewed the Third Party Sites which are provided for the user’s convenience only, and we are not responsible for the content or availability of these Third Party Sites. If the user decides to use a link to a Third Party Site the user will leave the Website and the user will do so at the user’s own risk. Links to Third Party Sites do not imply that we endorse, are affiliated or associated with, or are legally authorised to use any trade mark, trade name, logo or copyright work displayed in or accessible through the Third Party Sites or that any linked site is authorised to use any trade mark, trade name, logo or copyright of ours.

 

THIRD PARTY CONTENT USE The user must obtain authorisation to reproduce third party material, including material on the Website and material accessible via any Third Party Site, from the relevant third parties concerned. The user must not permanently store or otherwise copy any such third party content or materials for wider distribution or commercial gain, without the express permission of the relevant third party. We will not be responsible for obtaining such permission for the user.

 

LIMITATION OF LIABILITY In no event will we be liable to the user whether in contract, tort, by statute or otherwise in respect of any loss of profits and/or for any special, indirect, incidental or consequential loss or damage arising out of or in connection with the user’s use of the Website, including without limitation: loss of revenue, loss of anticipated savings, loss of business and/or goods, loss of goodwill, loss of use, loss and/or corruption of data and/or other information, and/or downtime. For the avoidance of doubt, neither the types of loss and/or damage specified above nor any similar types of loss and/or damage shall constitute direct loss for the purposes of these Terms of Use. Nothing shall exclude or restrict our liability for fraudulent misrepresentation and/or for death or personal injury arising as a result of our negligence.

 

INFORMATION DISCLAIMER

The information provided on the Website by us is intended to be informative only and is provided on an "as is" and "as available" basis. By accessing and using the Website the user acknowledges that any reliance upon any information obtained or received via the Website will be at the user’s sole risk. We provide the information on the Website without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. We do not warrant that the functions of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the servers that make it available are free of viruses or other destructive digital elements.

 

SITE USAGE INFORMATION – LOG FILES

Log files allow us to record visitors’ use of the Website. We compile log files information from all visits by users to the Website and use that information to make changes to the layout of the Website and to the information in the Website based on the way visitors move around the Website. Log files do not contain any personal information.

 

COMMUNICATION

Communications in connection with these Website Terms of Use and the Website should be by way of our Contact Form. For ease of use and compatibility we will not encrypt emails.

 

GOVERNING LAW

These Website Terms of Use will be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts. We reserve the right to bring proceedings in the courts of the country of the user’s residence or that of the user’s principal place of business at our discretion.

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Terms of Sale

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These terms (together with our Privacy Policy , Cookie Policy and Terms of Use tells you information about us and the legal terms and conditions (Terms) on which we sell any of the Ballet without Barres classes or workshops (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you do not to accept these Terms, you will not be able to order any Products from our site.

We amend these Terms from time to time as set out in clause 5. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

You may only purchase Products from our site if you are 18 years or older.

These Terms, and any Contract between us, are only in the English language.

1. INFORMATION ABOUT US

1.1 We are Ballet without Barres of 128 Belgrave Road, London, SW1V 2BL. Email contact using our Contact Form.

1.2 Contacting us

(a) To cancel a Contract in accordance with your legal right to do so please refer to the terms set out below.

(b) If you wish to contact us for any reason, including because you have any complaints, you can contact us by using our Contact form.

If we have to contact you or give you notice in writing, we will do so by phone, e-mail or by post to the contact details you provide to us in your order.

2. OUR PRODUCTS

2.1 The images of the Products on our site are for illustrative purposes only. 

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read it, as it includes important terms which apply to you

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

4.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. This means that your order has been accepted. and the Contract between us will be formed.

4.4 If we are unable to supply you with a Product, for example because that Product is over-booked or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount.

5. OUR RIGHT TO VARY THESE TERMS

5.1 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances changes in relevant laws and regulatory requirements.

5.2 We may amend these Terms from time to time.

5.3 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.

5.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel,  we will arrange a full refund of the price you have paid.

6. YOUR RIGHT OF RETURN AND REFUND

6.1 You have a legal right to cancel a Contract under the Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.

6.2 However, this cancellation right does not apply if the Product has already taken place.

6.3 Your legal right to cancel a Contract starts from the date of the order (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out  below:

  • If your Contract is for a single Product or several Products (which is not delivered in instalments on separate days), the end date is the end of 14 days after the day on which you order the Product or the date of delivery of the Product, whichever is earlier. 

  • If your Contract is for: one Product which is delivered in instalments on separate days, the end date is the end of 14 days after the day on which you order the Product or the date of delivery of the first instalment of the Product, whichever is earlier. 

6.4 To cancel a Contract, you just need to let us know that you have decided to cancel. You can do this by sending us an email quoting the event date, date of booking and the name  and email address of the person in whose name the booking was made.

6.5 If you cancel your Contract we will:

(a) refund you the price you paid for the Products. 

(c) make any refunds due to you in a reasonable timeframe.

6.7 We will refund you using the same payment card or account by which you made payment to us

6.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund or anything else in these Terms.

7. ORDERS AND DELIVERY

7.1 General Order Information

If Product is fully booked, this will be flagged on the Site. In the unlikely event that an item you order is already fully booked, we will contact you and you will have the option to either place an updated order for a new date or cancel the entire order.

7.2 Delivery Information

Products are delivered at the location mentioned in the Product details.

7.5 Occasionally our delivery to you may be affected by an Event Outside Our Control. See below for our responsibilities when this happens.

7.6 Delivery of an Order shall be completed when we deliver the Products at the location mentioned in the Product details.

7.8 If we are unable to delivery the Product on the date mentioned at time of ordering, then we will contact you with the option to cancel your Order and receive a full refund, or re-book for a different date.

9. PRICE AND PAYMENT

9.1 It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover this error before we accept your Order we are not required to sell the Products to you at the price shown. If we discover an error in the price of the goods that you have ordered we will let you know as soon as possible and give you the option or reconfirming your Order at the correct price or cancelling it. If you cancel your Order and you have already paid for the goods (but they have not yet been dispatched) you will receive a full refund.

9.2 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

10. HOW TO PAY

10.1 You can pay for Products using a debit card or credit card (we accept Mastercard, Visa and American Express - and use Stripe to process payment) or by PayPal. If you choose to pay by PayPal, PayPal Terms and Conditions will apply.

10.2 Payment for the Products.

11. OUR LIABILITY TO YOU

11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

11.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

11.3 We do not in any way exclude  our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation;

(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

(e) defective products under the Consumer Protection Act 1987.

11.4 We have have professional indemnity insurance and all liability is limited to the amounts covered in that policy.

12. PROMOTIONS

12.1 From time to time we will offer various promotions that can be applied to your order using a promotional code, which we will provide to you. You should enter the applicable promotion code in the space provided in the Cart/Basket, before you submit your order. The value of the promotion will be applied to your order (but may not be displayed as a separate line item).

While the terms and conditions for each promotion will vary, most of our offers last for a limited time, and have associated promotional codes that can only be used once per customer, and cannot be combined with other offers. Promotional delivery offers will apply to orders that meet the terms and conditions for that particular promotional guidelines, such as the applicable merchandise total (before delivery/handling charges are applied) and the requirement that the order be delivered to a single address. Generally, shipping promotions will only apply to UK Standard Delivery, unless otherwise noted.

Some offers will not have an associated promotional code – they can simply be added to your shopping basket, and the promotion will be applied, as long as you have met the other offer requirements.

12.2 If you have any questions about a promotion, or whether your order qualifies, feel free to contact us using our Contact Form.

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13. EVENTS OUTSIDE OUR CONTROL

13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an event outside our control.

13.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

13.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

(a) we will contact you as soon as reasonably possible to notify you; and

(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

13.4 You may cancel a Contract affected by an Event Outside Our Control. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

14. OTHER IMPORTANT TERMS

14.1 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

14.2 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

14.3 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law.

14.4 Ballet without Barres may agree to alternative online dispute resolution (“ODR”) if you and we cannot resolve a dispute between us informally. For more information on ODR see http://ec.europa.eu/consumers/odr/. In the event that a dispute is not resolved outside of the courts, you and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction unless you are a resident of Northern Ireland then you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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Privacy Policy

 

Last updated: 10 February 2018

 

Ballet without Barres ("us", "we", or "our") operates http://www.balletwithoutbarres.com (the "Site"). This page informs you of our policies regarding the collection, use and disclosure of Personal Information we receive from users of the Site. We use your Personal Information only for providing and improving the Site. By using the Site, you agree to the collection and use of information in accordance with this policy.

 

Information Collection And Use

While using our Site, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to your name ("Personal Information"). We will not share this information with any other companies, except where necessary to complete an Order made on the website, or where we use another company's services to deliver this website or our marketing communications (eg website hosting company, payment processing provider).

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WIX

Our store is hosted on Wix.com Ltd. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Your data is stored through Wix’s data storage, databases and the general Wix application. They store your data on a secure server behind a firewall.

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Payment:​

 

THIRD-PARTY SERVICES

  • Wix has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement and data optimization services, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”). 

  • Such Third Party Services may receive or otherwise have access to our Visitors’ and Users’ Personal Information and/or Users-of-Users’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Services, and may only use it for such purposes.

  • Note that while our Services may contain links to other websites or services, we are not responsible for such websites’ or services’ privacy practices, and encourage you to be aware when you leave our Services and read the privacy statements of each and every website and service you visit. This Privacy Policy does not apply to such linked third-party websites and services.

  • Wix is accountable for personal data that it receives under the Privacy Shield and subsequently transfers to a third party as described in the Privacy Shield Principles. In particular, Wix remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Wix proves that it is not responsible for the event giving rise to the damage.

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SECURITY

  • Wix has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.

  • However – regardless of the measures and efforts taken by Wix, we cannot and do not guarantee the absolute protection and security of your Personal Information, your Users-of-Users’ Information or any other User Content you upload, publish or otherwise share with Wix or anyone else.

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Log Data

Like many site operators, we collect information that your browser sends whenever you visit our Site ("Log Data"). This Log Data may include information such as your computer's Internet Protocol ("IP") address, browser type, browser version, the pages of our Site that you visit, the time and date of your visit, the time spent on those pages and other statistics. In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this data.

 

Communications

We may use your Personal Information to contact you following an Order or to send you newsletters, marketing or promotional materials and other information that we think you may find useful. Our emails will contain a link that can be used to unsubscribe from future marketing emails. Alternatively, if you want to unsubscribe from future marketing emails please use the unsubscibe link at the bottom of one of our emails or Contact Us.

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Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer's hard drive. Like many sites, we use "cookies" to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Site.

 

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

 

Changes To This Privacy Policy

This Privacy Policy is effective as of 10 February 2017 and will remain in effect except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

 

We reserve the right to update or change our Privacy Policy at any time and you should check this Privacy Policy periodically. Your continued use of the Service after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the modifications and your consent to abide and be bound by the modified Privacy Policy.

 

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

 

Contact Us

If you have any questions about this Privacy Policy, please contact us via our Contact Form.

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Terms of Use
Terms of Sale
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