© 2017 Designed for Breaking Ballet ® and BBACKSTAGE™ by Kokoe.                        www.kokoe.co.uk

Our General Terms & Conditions, Privacy Policy, Acceptable Use, Cookie Policy and Privacy Terms

OUR TERMS & CONDITIONS

 

1. THESE TERMS

 

1.1 These are the terms and conditions (the “terms” or the “contract”) on which we supply products to you, namely digital content through our subscription service and any other goods or services provided on or through our site.  Please read these terms carefully before you submit any order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. 

 

1.2 Please note that if you purchase goods from or through our shop pages, you will be redirected to our shop page and our terms and conditions of sale will apply. The shop page of our site provides a convenient way for you to access authentic, high quality Breaking Ballet® and BBackstage™ branded goods that we commission from the best third party suppliers. 

 

1.3 You agree that it is your responsibility to judge your physical and mental capabilities for practising physical exercise, including any exercise or activity shown on this site or in our products.  You will not exceed your limits in using our site or following any activity or instruction shown on it or in our products. 

 

You understand that, from time to time instructors may suggest physical adjustments, movements or modifications or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment, movement or modification or equipment is appropriate for your level of ability and physical and mental condition. 

 

2. INFORMATION ABOUT US & HOW TO CONTACT US

 

2.1 PEARLPENNY LIMITED (“we” or “us”) is a company registered in England and Wales. Our company registration number is 10405376 and our registered office is at

 

Cannon Place,

78 Cannon Street,

London,

EC4N 6AF.

 

2.2 You can contact us by writing to us using the Contact page on the site.

 

2.3 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 in your order. 

 

2.4 When we use the words "writing" or "written" in these terms, this includes emails.

 

3. OUR CONTRACT WITH YOU

 

3.1 Any order you wish to make to subscribe for our products will only be placed when we email you accepting it, at which point a contract will come into existence between you and us on the basis of these terms.  Our Terms of Use, Acceptable Use Policy, Privacy Policy and Cookie Policy form part of this contract and you must comply with them, but in case of any inconsistency or conflict the provisions of these terms will take precedence.

 

3.2 Our website is solely for the promotion of our products in the UK.

 

3.3 Our site is not directed to anyone under eighteen (18) years of age and by visiting and using this site you warrant and represent that you are over 18 years of age and have capacity to enter into this contract. You also agree to: (a) provide true, accurate, current and complete information about yourself when information is required or requested and (b) keep such information up to date. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have done so, we reserve the right to suspend or terminate your use of the site and products at any time. 

 

3.4 You may access our site and content for your information and personal use and, when you purchase a subscription product, for streaming that content (i.e. viewing a digital transmission of an audiovisual work via the Internet on your device such that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by you). Accessing our subscription products for any purpose or in any manner other than streaming is expressly prohibited and constitutes a material breach of these terms entitling us to terminate our contract with you with immediate effect, including any rights of access to subscription products and services, without any reimbursement of any sums paid by you. 

 

3.5 You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with these terms.  You must not allow others to use your user information or password to access any subscription products.  To do so will entitle us to terminate this contract with immediate effect without any reimbursement of any sums paid by you for any products. 

 

3.6 Excessive viewings or logins to our subscription products will be construed as fraudulent use, which will result in the immediate cancellation of access without refund. You agree to take all actions possible to protect your username and password from fraudulent use.

 

4. ORDERS

 

4.1 If we are unable to accept your order, we will inform you in writing and will not charge you for the product. This might be because of unexpected limits on our resources which we could not reasonably plan for, because of technical issues or because we have identified an error in the price or description of the product. 

 

5. OUR PRODUCTS

 

5.1 Products may vary slightly from their pictures. The images of the products on our website and in our Shop are for illustrative purposes only. Although we have made every effort to display the colour accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

 

5.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.

 

5.3 If we are making the product to measurements you have given us you are responsible for ensuring these measurements are correct.

 

6. YOUR RIGHTS TO MAKE CHANGES

 

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. In the case of our subscription services, it is unlikely that you will be able to make a change once access has been provided to you. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 9 below).

 

7. OUR RIGHTS TO MAKE CHANGES

 

7.1 We may change any product: 

(a) to reflect changes in relevant laws and regulatory requirements (for example any change that prevents us supplying or providing products in the manner we had previously provided them); or

(b) to implement minor technical adjustments and improvements, for example to address a security threat. 

 

7.2 We may update or require you to update digital content, provided that the digital content shall always materially match the description of it that we provided to you before you bought it. 

 

8. PROVIDING THE PRODUCTS

 

8.1 Subscription to receive digital content: We will supply the product to you until the subscription expires (if applicable) or you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 11 or elsewhere in this contract (e.g. clauses 3.3-3.6).

 

8.2 If the products are goods from the shop we will despatch them to you via special courier as soon as reasonably possible and in any event within 14 days after the day on which we accept your order.

 

8.3 We are not responsible for delays outside our control. If our supply of the products is delayed, suspended or prevented 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 products you have paid for but not received. 

 

8.4 We may need certain information from you so that we can supply the products to you, for example, your name, address, shirt size and payment-related information. If so, this will have been stated in the description of the products on our website or during the order process. If you give us incomplete or incorrect information, we may either end the contract (and clause 11.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

 

8.5 We may have to suspend the supply of a product to:

(a) deal with technical problems or make minor technical changes;

(b) update the product to reflect changes in relevant laws and regulatory requirements;

(c) make changes to the product as notified by us to you (see clause 7).

 

8.6 We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product’s availability, we will extend any online subscription to ensure that the period of actual availability matches the period for which you have purchased the subscription. 

 

9. YOUR RIGHTS TO END THE CONTRACT

 

9.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, 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 mis-described you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back), see clause 12;

(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 10.2;

(c) If you have just changed your mind about the product, see clause 10.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions; 

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 9.6.

 

9.2 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 products which have not been provided at all. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 7.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 7 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

 

9.3 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. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms. 

 

9.4 You do not have a right to change your mind in respect of digital products after you have started to download or stream these.

 

9.5 How long do I have to change my mind? You have 14 days after the day we email you to confirm we accept your order for a subscription of our digital content, or, until you start downloading or streaming if that is sooner than 14 days. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

 

9.6 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 10.1), you can still end the contract before it is completed. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end the contract in these circumstances, just contact us to let us know. The contract will not end until 1 week after the day on which you contact us. We will refund any advance payment you have made for products which will not be provided to you. For example, if you tell us you want to end the contract on 4 February we will continue to supply the product until 11 February. We will only charge you for supplying the product up to 11 February and will refund any sums you have paid in advance for the supply of the product after 11 February.

 

10. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

 

10.1 To end the contract with us, please let us know by contacting us through the Contact page providing your name, address, details of the order and, where available, your phone number and email address. 

 

10.2 How we will refund you. We will refund you the relevant price, by the method you used for payment. However, we may make deductions from the price, as described in these terms.

 

10.3 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind in relation to a digital product then your refund will be made within 14 days of your telling us you have changed your mind. If you are exercising your right to change your mind in relation to goods purchased from our shop, you will need to return the goods to us in the packaging it was sent with and your refund will be made within 14 days of receipt by us of the goods.

 

11. OUR RIGHTS TO END THE CONTRACT

 

11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not comply with the terms for accessing and using our site (which includes these terms, our terms of use, privacy policy and our acceptable use policy).

 

11.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 11.1 (and subject to clause 3) we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you for reasonable compensation for the loss, damage, time and/or costs we will incur as a result of your breaking the contract as compensation for the net costs we will incur as a result of your breaking the contract.

 

11.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

 

12. IF THERE IS A PROBLEM WITH THE PRODUCT

 

12.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. 

 

12.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. 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.

If your product is goods, for example, a hoodie fro our shop, the Consumer Rights Act 2015 says goods must be as described, fir for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

  • Up to 30 days: if your goods are faulty, then you can get an immediate refund.

  • Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

  • Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

If your product is digital content, namely a subscription to our fitness programme(s), the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

  • if your digital content is faulty, you're entitled to a repair or a replacement.

  • 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

  • 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 9.3.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

13. PRICE AND PAYMENT

 

13.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 13.2 for what happens if we discover an error in the price of the product you order. 

 

13.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and could reasonably have been recognised by you as a mispricing, we may end the contract and refund you any sums you have paid.

 

13.3 We accept payment via Stripe for digital products and via Paypal in our shop. You must pay for the products at the point of sale and before the content is made available to you.

 

13.4 If you think an invoice is wrong please contact us promptly (using the Contact page) to let us know. 

 

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

 

14.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our 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.

 

14.2 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 products as summarised at clause 12.2; and for defective products under the Consumer Protection Act 1987.

 

14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the site or products 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 or any consequential loss not otherwise excluded above.

 

15. HOW WE MAY USE YOUR PERSONAL INFORMATION

 

15.1 We will use the personal information you provide to us:

(a) to supply the products to you;

(b) to process your payment for the products; and

(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

 

15.2 We will only give your personal information to other third parties where the law either requires or allows us to do so. Please see our privacy policy and terms of use for further details.

Note: Our Terms are continued in the next column:

COOKIE POLICY

This site uses cookies – small text files that are placed on your machine to help the site distinguish you from other users and provide a better user experience with your consent. In general, cookies are used to retain user preferences, store information for things like shopping carts, and provide anonymised tracking data to third party applications like Google Analytics.

 

We use “analytical cookies” to recognize and count the numbers of visitors and to analyse how visitors use the site.  This helps us to improve the way our website works.

 

However, you may prefer to disable cookies on this site and on others. The most effective way to do this is to disable cookies in your browser. We suggest consulting the Help section of your browser or by taking a look at: About Cookies which gives guidance on all modern browsers.

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WEBSITE TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website, www.breakingballetmembers.com (our site).

WHO WE ARE AND HOW TO CONTACT US

www.breakingballetmembers.com is a site operated by PEARLPENNY LIMITED ("We").

 

We are registered in England and Wales under company number 10405376 and have our registered office at Cannon Place, 78 Cannon Street, London, EC4N 6AF. 

To contact us, please visit the Contact page of our site.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy (opposite) sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Acceptable Use Policy as shown on this page sets out the permitted uses and prohibited uses of our site.

 

When using our site, you must comply with this Acceptable Use Policy.

Our Cookie Policy (which appears on our site when you first visit the site), which sets out information about the cookies on our site. 

If you purchase goods from or through our Shop pages,

you will be redirected to our shop page and our terms and conditions of sale will apply. The shop page of our site provides a convenient way for you to access authentic, high quality Breaking Ballet ® and BBackstage™ branded goods that we commission from the best third party suppliers that we can taking care to ensure that they offer the best quality. 

 

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. 

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our products or content, our users' needs and our business priorities.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge (although certain content is only available by paying a subscription or fee).

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted (save that any content provided pursuant to a subscription payment is covered by additional terms as shown on this page.

Subject to any other applicable terms, we may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

 

We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

OUR SITE IS ONLY FOR USERS IN THE UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures or for accessing products available only by subscription, you must treat such information as confidential. You must not disclose it to any third party or allow any third party to use that information to access our site or any content made available on or through it.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use or any other applicable terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the Contact page.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site and products, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any non-subscription page(s) and content from our site for your personal use and you may draw the attention of others to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.  In particular, if you are aware of any reason or concern that may make the content of this site unsuitable or inappropriate for you or your use (such as any medical or health condition that may impact on your ability safely to perform the exercises referred to or shown on our site) you should consult your doctor or other relevant medical practitioner before proceeding to use this site or follow any exercise shown or referred to on it.  Nothing contained on this site should be construed as any form of recommendation, medical advice or diagnosis.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.  Before you use any third party website, you should review the applicable terms and policies for such website. 

USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other users of the site, including to bulletin boards, forums and chat rooms. This information and these materials have not been verified or approved by us.

 

The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us through the Contact page of our site.

OUR RESPONSIBILITY FOR LOSS

OR DAMAGE SUFFERED BY YOU

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 and for fraud or fraudulent misrepresentation.

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products (including digital content pursuant to a subscription) to you, which will be set out in our Terms and conditions of supply as shown on this page.

This site is not directed at business users.  If you are a business user: We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: use of, or inability to use, our site; or use of or reliance on any content displayed on our site.

In particular, we will not be liable for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy detailed on this page.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. 

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our site will be secure or free from bugs or viruses.You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may, for example, be committing a criminal offence under the Computer Misuse Act 1990.  Other offences may also be committed. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy as shown on this page.

If you wish to link to or make any use of content on our site other than that set out above, please contact us on the Contact page.

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OUR TERMS & CONDITIONS (continued)

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation (and any non-contractual rights or obligations arising out of or in connection with them), are governed by English law.

You and we both agree that the courts of England and Wales will have jurisdiction to determine any disputes arising out of or in connection with these terms, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual rights or obligations arising out of or in connection with them) are governed by English law.

We both agree to the exclusive jurisdiction of the courts of England and Wales to determine any disputes arising out of or in connection with these terms.

OUR TRADE MARKS ARE REGISTERED

“Breaking Ballet” and the Breaking Ballet logo and figurative mark are UK registered trade marks. “BBackstage” and the BBackstage logo and figurative mark are UK trade marks. You are not permitted to use them without approval, unless they are part of material you are using as permitted in accordance with the terms on our site.

 

16. OTHER IMPORTANT TERMS

 

16.1 We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

 

16.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. You may never transfer your right to access digital content pursuant to any paid subscription.  

 

16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

 

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

 

16.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

 

16.6 These terms (and any non-contractual rights and obligations arising out of or in connection with these terms) are governed by English law. 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.

16.7 All materials on our site and in our shop (including the subscription content and products), including, without limitation, names, logos, trademarks, images, text, columns, scripts, software, graphics, photographs, illustrations, artwork, videos, sounds, master recordings, compositions, music, interactive features and the like and other elements (collectively "Content") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by PEARLPENNY LIMITED or by third parties that have licensed or otherwise provided their material to PEARLPENNY LIMITED. You acknowledge and agree that all Content on our site is made available for limited, non-commercial, personal use only. Except as specifically provided in these terms and our Terms of Use and Acceptable Use Policy, no Content may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without our prior express written permission. You may not add, delete, distort, or otherwise modify the Content. Any unauthorised attempt to modify any Content, to defeat or circumvent our security features, or to use our site or any part of the Content for any purpose other than its intended purposes is strictly prohibited and will entitle us to terminate this contract with immediate effect without compensation or any reimbursement of any sums paid by you for any products.

 

16.8 To the extent permitted by law, you expressly waive and release any claim that you may have at any time for injury of any kind against any person (including without limitation our officers, employees, directors, instructors, agents and representatives) other than PEARLPENNY LIMITED.

 

16.9 You agree that your use of the website shall be at your sole risk. To the fullest extent permitted by law and save as expressly provided to the contrary, PEARLPENNY LIMITED, its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with our site and your use of it. We make no warranties or representations about the accuracy or completeness of our site’s content or the content of any websites linked to this site and we assume no liability or responsibility for and you agree that we and they shall have no liability for any (i) errors, mistakes, or inaccuracies of content, (ii) damage resulting from your access to and use of our website, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website.

 

16.10 To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless PEARLPENNY LIMITED and its officers, directors, employees, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable legal fees and costs) arising from: (i) your use of and access to the site and our products; (ii) your violation of any term of this agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that any content submitted by you caused damage to a third party. 

BREAKING BALLET PRIVACY POLICY 

ABOUT US

We’re Pearlpenny Limited (trading as Breaking Ballet) of Cannon Place, 78 Cannon Street, London EC4N 6AF (sarah@breakingballet.com) and we’re subject to English law.  We use your information as further explained in this Privacy Policy.  We will be the “controller” of the information you provide to us.

What information do we need?

We only collect basic personal data about you – specifically, name, address and email. We don’t ask you to provide any sensitive information (such as health data), location-based information or use your information to build profiles about you.

Why do we need it?

We need to know your basic personal data to be able to provide products to you, namely digital content through our subscription service and any other goods or services provided on or through our sites in line with our Terms & Conditions via the Breaking Ballet websites (www.breakingballet.com and www.breakingballetmembers.com). 

What do we do with it?

All the personal data we process is processed by our staff in the UK, to fulfil the service we provide to you and to enable us to help you with the service if required. 

If you register as a user of our website, we ask you to provide your contact details, which we’ll store and use to contact you about our services and so you don’t have to re-enter this information every time you want to here from us.

For the purposes of IT hosting and maintenance, this information is located on servers outside the European Economic Area ("EEA"), in particular the United States of America where it is transferred under the Privacy Shield Framework. 

No third parties have access to your information unless we specifically say so in this Privacy Policy, or the law requires this.

Other things we’d also like to do with your information

We’d like to use your name and email address to inform you of our similar products and promotional offers. You can expect to receive no more than 2 marketing emails per month from us. This information is not shared with third parties and you can unsubscribe at any time by clicking the “Unsubscribe” link in any of our emails. 

How long will we keep it?

We keep your information in accordance with the following retention schedule, and then securely erase it once no longer needed:

Type of information 

Purpose of processing

Retention period

Name, address, email address

Marketing - Until you notify us that you no longer wish to receive marketing from us

YOUR RIGHTS

You have the following rights regarding your information:

 

Rights

1   The right to be informed

What does this mean? You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this Privacy Policy.

2   The right of access

You have the right to obtain access to your information (if we’re processing it), and other certain other information (similar to that provided in this Privacy Policy). This is so you’re aware and can check that we’re using your information in accordance with data protection law.

 

3   The right to rectification

You’re entitled to have your information corrected if it’s inaccurate or incomplete. 

 

3   The right to erasure

This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of your information where there’s no compelling reason for us to keep using it. This is not a general right to erasure; there are exceptions. 

 

4   The right to restrict processing

You have rights to ‘block’ or suppress further use of your information. When processing is restricted, we can still store your information, but may not use it further. We keep lists of people who have asked for further use of their information to be ‘blocked’ to make sure the restriction is respected in future. 

 

5   The right to data portability

You have rights to obtain and reuse your personal data for your own purposes across different services. E.g., if you decide to switch to a new provider, this enables you to move, copy or transfer your information easily between our IT systems and theirs safely and securely, without affecting its usability. 

 

6   The right to object

You have the right to object to certain types of processing, including processing for direct marketing (which we do only with your consent).

 

Making a complaint

If you are unhappy with how we’ve handled your information, contact us here: Cannon Place, 78 Cannon Street, London, EC4N 6AF, support@breakingballet.com.

If you’re not satisfied with our response to your complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Information Commissioner’s Office (ICO).

PEARLPENNY LIMITED

Cannon Place,

78 Cannon Street,

London, E

EC4N 6AF. 

+ + + + + + + + + + + +

 

 

 

ACCEPTABLE USE POLICY

This acceptable use policy sets out the terms between you and us under which you may access our website, www.breakingballet.com (our site).

 

This acceptable use policy applies to all users of, and visitors to, our site.

Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use as shown on this page.

www.breakingballet.com is a site operated by PEARLPENNY LIMITED (we or us).

 

We are registered in England and Wales under company number 10405376 and we have our registered office at:

 

Cannon Place, 78 Cannon Street, London, EC4N 6AF.

PROHIBITED USES

You may use our site only for lawful purposes.  You may not use our site:

·    In any way that breaches any applicable local, national or international law or regulation.

·    In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

·    For the purpose of harming or attempting to harm minors in any way.

·    To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as shown on this page.

·    To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

·    To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

·    Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of use as shown on this page.

·    Not to access without authority, interfere with, damage or disrupt:

•    any part of our site;

•    any equipment or network on which our site is stored; 

•    any software used in the provision of our site; or 

•    any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES

We may from time to time provide interactive services on our site, including, without limitation chat rooms, forums and bulletin boards (interactive services).

Where we provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. 

Children and minors are not permitted to use our site.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site.  When a breach of this policy has occurred, we may take such action as we deem appropriate in our absolute discretion (including, without limitation, terminating your access to our site and any subscriptions or services in which case you accept that no refund or compensation will be provided to you).  

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use as shown on this page, upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

·    Immediate, temporary or permanent withdrawal of your right to use our site and any subscriptions or services (in which case you accept that no refund or compensation will be provided to you).

·    Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.

·    Issue of a warning to you.

·    Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.

·    Further legal action against you.

·    Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. 

 

The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. 

You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

·    Be accurate (where they state facts).

·    Be genuinely held (where they state opinions).

·    Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

·    Contain any material which is defamatory of any person.

·    Contain any material which is obscene, offensive, hateful or inflammatory.

·    Promote sexually explicit material.

·    Promote violence.

·    Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

·    Infringe any copyright, database right or trade mark of any other person.

·    Be likely to deceive any person.

·    Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

·    Promote any illegal activity.

·    Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

·    Be likely to harass, upset, embarrass, alarm or annoy any other person.

·    Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.

·    Give the impression that they emanate from us, if this is not the case.

·    Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

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