VERSION 1.2 - Last Updated 28.06.23
Please Read These Terms Carefully By Using the Platform You Agree to These Terms Which Will Bind You.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1. We are Maestro Media Limited. We're a company registered in England and Wales with company number 11996244. Our registered office is at 10 Kelham Gardens, Marlborough, England, SN8 1PW. Our VAT number is 327931880.
1.2. We operate a platform available at https://www.bbcmaestro.com (the "Platform") which provides individual users and business entities (“you” and “your”) with access to e-learning, informational and/or instructional audio-visual content delivered by celebrities or other well-known experts (the “Content").
1.3. These terms:
1.3.1. form a binding legal agreement between you, as a user of the Platform, and us;
1.3.2. govern your use of the Platform and the terms and conditions by which you can use the Platform and purchase, subscribe for and/or access the Content;
1.3.3. apply to you if you access the Platform from the United States; and
1.3.4. apply whether you access the Platform through our website (at bbcmaestro.com), via any mobile application software and any updates or supplements thereto that we might release from time to time, including our app called 'BBC Maestro' on Apple's App Store and 'BBC Maestro' on the Google Play store (the "Reader App"), or through any other means. The term 'Platform' as used in this policy applies to and incorporates any and all such channels.
1.4. We license you to use and access:
1.4.1. the Platform;
1.4.2. your Permitted Content (see paragraph 2.3); and
1.4.3. any other material ancillary to the foregoing, including general information on the Website,
in each case subject to the terms and conditions set out in these terms. You are not licensed or permitted to use the Platform or any Content in any other manner. The said license is restricted, personal, non-exclusive, non-transferable, and non-assignable.
1.5. If you have any questions about these terms or wish to contact us you can reach us:
1.5.1. using the 'Contact' page of the Website; or
1.5.2. by email at [email protected]
2. PURCHASING THE CONTENT; CANCELLATION; REFUNDS
2.1. Most of the Content requires a fee to be paid before you can access it. This may be:
2.1.1. a fee paid for certain Content (in which case you will have purchased a one-off, personal license to view that Content according to these terms and any terms applicable to that Content or purchase which may be separately communicated to you at checkout); or
2.1.2. a fee paid for the purchase of a subscription, which will give you a limited-time license to view certain Content for as long as your subscription remains active, subject to any terms and conditions applicable to that subscription which will be communicated to you during the order process.
2.2. We may also decide from time to time to allow you to access certain Content for free (for example as part of a promotion or trial period). We can remove access to this Content at any time for any or no reason.
2.3. In these terms, the Content which you have the right to access (because you've purchased a license to access it, because you have purchased a subscription which entitles you to access it, or because we decide to offer it for free from time to time) is called "Permitted Content".
2.4. If you purchase a subscription, your subscription fees will be charged to your payment method at the beginning of each billing period. The length of the billing period depends on the subscription plan that you choose. The information about your billing period is available through your user account (the “Account”).
2.5. Unless the Permitted Content is defective (see paragraph 18.3 for more information), all payments and purchases are non-refundable and cannot be returned, except that where you purchase Content, you have a 48-hours right to change your mind and get a full refund on your Content by contacting us and letting us know that you wish to cancel the contract formed by these terms. Please note, however, that you do not have this right to cancel:
2.5.1. once a download (or stream) of any Content has started (provided you have been told this and have acknowledged it); or
2.5.2. where we have told you during the checkout process that completion of the purchase will give you the immediate right to access the Content such that you won't be able to cancel the contract and get a refund, and you have proceeded with the purchase notwithstanding such disclaimer.
2.5.3.This paragraph 2.5 does not apply to gift cards (the terms of which are covered in our gift card terms and conditions) and does not affect the rights you have in respect of defective Permitted Content as set out in paragraph 17.3 below.
2.6. Occasionally, we may offer users the ability to purchase virtual gift cards which can be redeemed for certain Content. Additional terms are applicable to the purchase of such gift cards, which are available here: [insert hyperlink].
2.7. Payment processing. We use third-party payment service providers to collect any fees due. Such providers may charge you certain fees or taxes for the processing of your payments (e.g., credit card fees); we do not reimburse any of such fees. Please check with your payment provider for further details.
2.8. Payment methods. We accept payment by the following credit or debit cards:
2.8.2. Mastercard; or
2.8.3. American Express.
2.9. Prices. All prices are indicated in the United States dollars (USD) and include all applicable sales taxes, unless otherwise stated. The prices remain valid as long as indicated on the Platform.
2.10. Change in prices. The prices are subject to a change with or without a notice to you. If you hold a subscription plan, we will notify you about any intended changes no later than 30 calendar days in advance. Unless indicated otherwise, the price changes become effective as of the beginning of the next billing period (if you own a subscription plan). If, after receiving our notice about planned price changes, you do not agree to the changes, you can cancel your subscription through the Account.
2.11. Cancellation of subscription. If you purchase a subscription, your subscription will continue until terminated. You may cancel your subscription plan at any time through your Account or by contacting us directly. If the cancellation request is submitted at least 3 business days before the expiration of then-current billing period, the subscription will be terminated at the end of then-current billing term; if the cancellation request is submitted later than 3 business days before the expiration of then-current billing period, the subscription will be terminated at the end of the next billing period. Notwithstanding paragraph 2.5, no full or partial fees already paid by you shall be refunded or credits issued if you cancel your subscription.
2.12. Automatic renewal. Unless you submit us your request to cancel your subscription as explained in paragraph 2.11, you understand that (i) your subscription will automatically renew on a recurrent basis at the beginning of each billing period and (ii) we are authorized to charge your payment method each billing period for any fees due, including the applicable taxes. You can consult the exact billing date through your Account. If you use a trial period, before the start date of the subscription, we will send an email informing you about the charges to be made, including the ongoing transaction amount and billing frequency and date. You will be allowed to easily cancel any subsequent transactions online.
2.13. Failure to charge. If we cannot charge your payment method or our charge is declined (e.g., due to the expiration of your credit card or insufficient funds), we reserve the right to retry billing your payment method a few times. If the billing is unsuccessful, your subscription will automatically cease, unless you provide us with a new payment method. You remain solely responsible for any uncollected amounts. We reserve the right to pursue any amounts due unpaid by you, including any additional fees related thereto (e.g., court costs, attorneys’ fees, collection costs, bank overdraft fees, and collection agency fees).
2.14. Incorrect billing. If you have a reason to believe that we have billed you incorrectly, please contact us immediately and no later than 60 calendar days after the billing date in order to request an adjustment or credit.
2.15. Termination of your access to the Content. We reserve the right, at our sole discretion, to terminate your access to the Content at any time, including without limitation, terminate your access to the Permitted Content or terminate your subscription. If we terminate your subscription, we will issue a pro-rated refund of your subscription fees. Please note that you will not be entitled to the said pro-rated refund if you violate any provision of these terms. If your access to the Platform is terminated due to your violation of these terms, you shall not be entitled to any refunds of the fees paid.
3. YOUR PRIVACY
3.1. Under data protection laws, we are required to provide you with certain information around our use of your personal data, including how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information before submitting any personal data to us.
3.2. Please be aware that Internet transmissions are never completely private or secure and that any message or information you send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3.3. If there is any inconsistency between these terms and the terms of our Privacy Notice, the Privacy Notice will prevail to the extent of such inconsistency.
4. ADDITIONAL TERMS
4.1. Sometimes there will be terms and conditions in addition to these terms which apply to your relationship with us, or your use of the Platform. These may include:
4.1.1. the terms and conditions of use applicable to your use of any device or web browser through which you access the Platform;
4.1.2. the terms and conditions, rules and policies applicable to any app store through which you obtain any of our mobile application(s), which may apply as well as or instead of these terms where there are differences or conflicts between the two;
4.1.3. additional or bespoke terms and conditions of purchase or subscription which will be communicated to you at the point you make that purchase or subscribe for that subscription; and
4.1.4. the terms and conditions of any promotion or competition which we may run from time to time, which will be communicated to you before or when you sign-up for that promotion or competition.
5. OPERATING SYSTEM REQUIREMENTS
5.1. You must have a valid Account on the Platform in order to use it and in order to purchase and watch any Content. In addition, the Platform has the following minimum and recommended system requirements:
5.2. Operating systems for web: Windows 10 or later. Mac OS X 10.13 or later. Android 5.1.1 or later. iOS 13 or later. Supported browsers: Chrome, Firefox, Opera, Edge stable versions under two years old. Safari latest and previous stable major version. Android native.
5.2.1 Operating systems for native mobile apps: iOS 13 or later. Android 9 or later.
5.3. It is your responsibility to make sure your equipment, systems and connectivity are suitable to enable you to access the Platform or the Content before you start using the Platform or obtain access to the Content. We will not be responsible for any inability to use the Platform (or any particular functionality thereof) or access any Content due to your hardware and/or software not meeting these requirements.
5.4. You are responsible for any costs or other charges or expenses from your Internet service provider or network operator in relation to your internet service, your mobile service and any use of the Platform.
6. SUPPORT FOR THE PLATFORM AND HOW TO TELL US ABOUT PROBLEMS
6.1. Support. If you want to learn more about the Platform or have any problems using it, please take a look at our support resources at [NAME OF & LINK TO WEBSITE].
6.2. Contacting us (including with complaints). If you think the Platform is faulty or misdescribed, you are having any technical difficulties, or you wish to contact us for any other reason, please contact us using one of the methods set out in paragraph 1.5 above. Please note that we operate and support the Platform and you should not contact the BBC or any other third party as they will not usually be able to assist you with your request or complaint.
6.3. How we will communicate with you. If we have to contact you we will do so by email or by pre-paid post, using the contact details you have provided to us.
6.4. Electronic communication. When you use the Platform or contact us by email or text messages, you understand that you communicate with us electronically. You hereby agree to receive electronic service-related notices from us regarding your use of the Platform, the Account, your payments, privacy and security, and other important matters. You acknowledge and agree that such electronic communication satisfies any legal requirement that such communication be in writing. You are entitled to retain copies of any communication exchanged by and between you and us for your personal records.
6.5. Commercial communication. If we have your email address or phone number and, in certain cases, if we obtain your consent, we will, from time to time, send you a newsletter or an SMS to keep you informed about our new services and special offers that may be of interest to you. If you do not wish to receive any further commercial communication from us, you can decline it at any time free of charge by clicking on the “unsubscribe” link contained in any of the newsletters or SMS or by contacting us directly.
7. HOW YOU MAY USE THE PLATFORM, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
7.1. In return for your agreeing to comply with these terms you may:
7.1.1. download (in the case of mobile application software) or stream (in the case of a website) our Platform and stream (or download, if and when we offer a 'download to own' feature and otherwise, in the case of the Reader App, subject to the auto-deletion set out in paragraph 8.4) any Permitted Content through the Platform, in each case on one device at a time and for your personal, non-commercial and domestic purposes only. For the avoidance of doubt, any 'download to own' feature will only be available to purchasers of individual courses, not to subscription users;
7.1.2. use any documentation and material on our website(s) or mobile application(s) to support your permitted use of the Platform; and
7.1.3. receive and use any free supplementary software code or update of any mobile application software we offer from time to time incorporating "patches" and corrections of errors as we may make available to you. We will try to undertake scheduled maintenance during times when we anticipate that online use is lower than normal. However, we may undertake emergency maintenance and/or suspend access to the Platform where we reasonably think the need to do that outweighs any inconvenience of our users (for example to fix an urgent security flaw).
8. USING THE APP
8.1 You acknowledge and agree that, to the extent Content is accessed via the Reader App, such access will be the Reader App's primary functionality and will be on the basis that the Reader App is a "reader app" or "consumption-only app".
8.2 You will be able to do the following via the mobile application:
8.2.1 sign in to your account;
8.2.2 access and download Content previously purchased via the Platform or which you have a current, valid subscription to view, other than via the mobile application; and
8.2.3 when not signed in to your account, browse Content and access limited Content such as trailers and course descriptions.
8.3 You will not be able to do the following via the mobile application:
8.3.1 make any purchases, whether of Content, subscriptions, gift cards or otherwise; or
8.3.2 redeem any gift cards.
8.4You acknowledge and agree that any Content you download via any mobile application may automatically be deleted from the applicable device if not accessed by you for a period of 14 consecutive days. Provided you have validly purchased the Content and/or have an ongoing subscription, you will be able to re-download the Content to your device via the mobile application without making a further purchase.
8.5 You acknowledge that downloading Content via any mobile application may result in you incurring additional data charges and you accept that such charges will be your sole responsibility and that we shall not be liable for any resulting losses or damages. We recommend that any downloads via mobile application software are made using Wi-Fi.
9. YOU MUST BE 18 TO ACCEPT THESE TERMS AND PURCHASE OR ACCESS CONTENT
9.1. You must be 18 or over and in a capacity of forming legally binding contracts in your local jurisdiction to accept these terms, use the Platform and purchase Content.
9.2. You acknowledge and agree that certain Content may be subject to an age rating and you undertake to ensure that nobody under the required age views such Content.
10. CHANGES TO THESE TERMS
10.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
10.2. We will give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next access the Platform.
10.3. If you do not accept the notified changes you will either: (i) be able to continue to use the Platform and access any Permitted Content in accordance with the existing terms but certain new features may not be available to you; or (ii) in certain circumstances, you will not be permitted to continue to use the Platform or access Permitted Content (in which case you may be eligible for a refund and we will contact you separately about this).
11. UPDATES TO THE PLATFORM AND CHANGES TO THE SERVICE
11.1. From time to time we may automatically update the Platform to improve performance, enhance functionality, reflect changes to our hardware or software or address security issues. Alternatively, we may ask you to update any mobile application we offer from time to time for these reasons.
11.2. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform or access Permitted Content.
11.3. We reserve the right, at our sole discretion, to discontinue the Platform or change any feature or functionality thereof at any time with a prior notice to you.
12. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
12.1. If you download or stream the Platform onto any computer, phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
13. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
13.1. By using the Platform, we may collect and use technical information about the devices you use the Platform on and related software, hardware and peripherals to improve our products and to provide any Content and services to you. More information is available in our Privacy Notice.
14. AFFILIATE DISCLOSURE. WE ARE NOT RESPONSIBLE FOR LINKED CONTENT
14.1. The Platform may contain links to other independent websites, mobile application software and other content which are not provided by us. Such independent sites (including those operated by the BBC) are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
14.2. This Platform contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Platform.
14.3. You will need to make your own independent judgement about whether to use any third-party sites, including whether to buy any products or services offered by them.
15. LICENCE RESTRICTIONS
15.1. You agree that you will:
15.1.1. keep your login credentials secure, not give them to any third party, and promptly notify us if you believe that somebody else has access to them;
15.1.2. comply with our reasonably instructions regarding your use of the Platform and your use and viewing of any Permitted Content;
15.1.3. not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or any Content in any form, in whole or in part to any person without prior written consent from us;
15.1.4. not copy, download, lend, hire, broadcast, stream or display to the public, capture or rip, archive, share or distribute the Platform, any Content or any other materials on our website(s) or mobile application(s), except as part of the normal and permitted use of the Platform (e.g. to use any 'download to own' feature which we may offer from time to time);
15.1.5. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, Content or any other material on our website(s) or app(s), nor permit them (in whole or in part) to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and access Permitted Content as permitted by these terms (e.g. through a third party web browser). This includes the use of through-linking, framing and similar such methods;
15.1.6. not create or seek to create any works or materials derived from or based on the Platform or any Content;
15.1.7. not remove or seek to remove any copyright information or proprietary notices from the Platform or any Content;
15.1.8. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or any Content nor attempt to do any such things, except to the extent that such actions cannot be prohibited by law; and
15.1.9 not circumvent or seek to circumvent any digital rights management tools or technological protection measures relating to the Platform or any Content; and
15.1.10. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
15.2. We use security and digital rights management technology to protect Content from unauthorized use and copying. You agree that you will not seek to obtain, view or otherwise use any Content which is not Permitted Content, and you must not penetrate, remove, or otherwise alter or interfere with any such security measures, or attempt to do so, or assist any other person in doing or attempting to do so.
15.3. The Content may be available in certain territories only. It is due to technical and other restrictions imposed by the providers of the Content. The availability of the Content vary over time and by location. We reserve the right to use technologies to verify territory in which you are based. You are not allowed to obscure or disguise your actual location.
16. ACCEPTABLE USE RESTRICTIONS
16.1. You must:
16.1.1. not (and not allow any other person to) use the Platform or any Content: (i) in any unlawful or immoral manner, (ii) for any unlawful or immoral purpose, (iii) in any way which is or may reasonably be regarded as causing distress, harm or offence or being defamatory or harmful to any third party, us, our Platform, any Content or our brand, or (iv) in any manner inconsistent with these terms;
16.1.2. not act fraudulently or maliciously, for example, by using somebody else's login credentials, ripping or otherwise procuring unauthorized access or making unauthorized copies of the Content, or by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any Content;
16.1.3. not infringe our intellectual property rights or those of any third party in relation to your use of the Platform and any Content;
16.1.4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
16.1.5. not seek to block, disable, obscure or impair any promotional material, sponsorship material or advertising on our Platform;
16.1.6. not use the Platform or any Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
16.1.7. not collect or harvest any information or data (including metadata) from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform. This includes scraping any content, material or data on our Platform.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. All intellectual property rights in the Platform, the Content and any other materials on our website(s) or mobile application software(s) throughout the world belong to us (or our licensors) and the rights in the Platform and the Content are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Content or any other such material other than the right to use them in accordance with these terms.
17.2. Without prejudice to the preceding paragraph, you acknowledge that the BBC mark and logo is used by us under license from the BBC and that you will acquire no rights in or to the same.
17.3. If you submit any user-generated content through the Platform (e.g., reviews of the Content), you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable, license to use, copy, store, modify, transmit and display your user-generated content to the extent necessary to provide and maintain the Platform.
17.4. Copyright infringement claims (DMCA Policy). We respect intellectual property rights. If you have any grounds to believe that any Content or any content available on the Platform violates your or third party’s intellectual property rights, please contact us by email at [email protected]. In order to write a proper copyright infringement notice, please follow the below-listed steps:
17.4.1.Identify with sufficient detail the copyrighted work that you believe has been infringed;
17.4.2.Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
17.4.3.Provide us with information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
17.4.4.Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
17.4.5.Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
17.4.6.Sign the document; and
17.4.7.Send the document to us by email.
17.5. Please note that you will be liable for damages, including costs and attorney’s fees, if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer.
18. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
18.1. Everything We Provide On This Platform Is On An “As Is” Basis, To Be Relied On At Your Own Risk. Do Your Own Research Before Relying On Anything On This Platform. We Disclaim All Warranties, Express Or Implied, Including Any Warranties Of Merchantability, Fitness For A Particular Purpose, Quality, Non-infringement, Safety, Freedom From Defects Or That Defects Will Be Corrected, Uninterrupted, Virus-free Or Error-free Performance. We Are Not Liable For Indirect, Special, Incidental Or Consequential Damages, Including Lost Profits And Property Damage, Even If We Were Advised Of The Possibility Of Such Damages, Nor Shall We Be Held Liable For Delay Or Failure In Performance Resulting From Causes Beyond Our Reasonable Control. In No Event Shall Our Total Liability To You For All Damages, Losses And Causes Of Action Exceed The Fees We Received From You, If Any. Some Jurisdictions Do Not Allow The Limitation Of Certain Warranties, So The Above Limitations In This Section May Not Apply To You.
18.2. 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 for fraud or fraudulent misrepresentation. For more information regarding your rights, contact us using the details set out in paragraph 2.
18.3. Defective Permitted Content. If any Permitted Content you have purchased is faulty, you are entitled to receive a replacement copy of such faulty Content. If the fault cannot be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you are entitled to a partial or full refund.
18.4. When we are liable for damage to your property. If you can show that defective Permitted Content that we have supplied damages a device or digital content belonging to you and we haven't used reasonable skill and care, we will either repair the damage or issue a refund. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
18.5. We are not liable for business losses. The Platform is for domestic and private use only. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.6. Limitations to the Platform. The Platform and the Content are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Platform or any Content. Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
18.7. Please back-up data used with the Platform. We recommend that you back up any data used in connection with the Platform, to protect yourself in case of problems with the Platform. This does not extend to you making any copy of the Content, which you do not have the right to do unless and to the extent that we offer a 'download to own' feature from time to time, and then in accordance with any additional terms which apply to that feature.
18.8. Check that the Platform and Content is suitable for you. The Platform and Content have not been developed or produced to meet your individual requirements. Please check that the facilities and functions of the Platform and the description of any Content meet your requirements prior to using, purchasing, subscribing for, and accessing them.
18.9. We are not responsible for events outside our control. If our provision of the Platform or any 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 minimize 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 your contract with us and receive a refund for any Permitted Content you have paid for but not received.
18.10. Bugs and Errors. The Platform relies in part on software to work. Although we take care in developing and maintaining the Platform, all software has bugs or potential for bugs. We cannot guarantee that the Platform or any individual feature of the Platform will be error free, available all the time and/or free from viruses.
19. DELETING YOUR ACCOUNT
19.1. You can delete your Account using the links on the user section of our Website or by contacting us. When you delete your Account, most of your personal data will be deleted (see our Privacy Notice for more information).
19.2. If you delete your Account, your purchase history may be deleted, and this means that you will not be able to access any Permitted Content which you have previously purchased. This includes if you delete your Account before your subscription period has expired (if applicable). You waive and forfeit your rights to the Content in these circumstances and acknowledge that we will not be able to recover your Account or your access to the Content you may have purchased, even if you subsequently sign-up for a new account.
20. THE DURATION OF THESE TERMS
20.1. These terms constitute a contract between you and us relating to your use of the Platform and any Content which you may purchase or otherwise have access to from time to time.
20.2. That contract continues for as long as: (i) you use our Platform; or (ii) you have access to any Content (whichever is longer). You can terminate the contract sooner by deleting your Account in accordance with paragraph 19 above. We can terminate the contract sooner if you break these terms, as set out in paragraph 21 below.
21. IF YOU BREAK THESE TERMS
21.1. We may terminate the agreement constituted by these terms (and so end your rights to use the Platform and access any Content (including Permitted Content)) at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
21.2. If we end your rights to use the Platform or access any Content:
21.2.1. you must stop all activities authorized by these terms, including your use of the Platform and access to any Content (including Permitted Content);
21.2.2. you must delete or remove the Platform from all devices (to the extent downloaded) in your possession and immediately destroy all copies of the Platform and Content (to the extent downloaded) which you have and confirm to us that you have done this;
21.2.3. we may, if our technology allows and without prejudice to the preceding sub-paragraphs, remotely access your devices and remove the Platform and any Content (or your right to access the same) from them and cease providing you with access to the Platform and Content; and
21.2.4. You will not be entitled to a refund of any fees paid by you.
22. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
22.1. We may transfer our rights and obligations under these terms to another organization. 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.
23. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
23.1. We are giving you personally the right to use the Platform and access any Permitted Content. Whilst you may of course watch the Permitted Content with others (but never as part of a public display), you may not otherwise transfer your rights in the Platform or any Permitted Content to someone else, whether for money, for anything else or for free.
23.2. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
23.3 To the extent that any rights we license to you relate to any mobile application software and any updates or supplements thereto, you may not transfer such rights to another person.
23.4. If you sell any device on which the Platform is installed or any Content is downloaded, you must remove the Platform or such Content first.
24. NO RIGHTS FOR THIRD PARTIES
24.1. No-one other than a party to this contract has a right to enforce these terms.
25.1. Each of the paragraphs of these terms operates separately. If arbitrator(s), court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
26. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
26.1. Even if we delay in enforcing this contract, we can still enforce it later. 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.
27. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS, CLASS ACTION WAIVER.
27.1.Arbitration. You agree to resolve any disputes arising out of or relating to these terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding arbitration to the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of Washington. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
27.2. Class action waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
28. COMPLAINTS AND POLICIES
28.1. A copy of our complaints procedure can be viewed requested via [email protected]
28.2. Details of our policies and codes of conduct can be requested via [email protected]
28.3. For information on our after-sales support, please contact [email protected]
MAESTRO MEDIA LIMITED
GIFT CARD TERMS
V1.0 – LAST UDPATED 17 NOVEMBER 2020
1. These Terms
1.1. These Maestro Media Limited Gift Card Terms (the “Terms”) apply to the purchase and redemption of gift cards on the platform BBC Maestro available at https://www.bbcmaestro.com (as it may be renamed or rebranded from time to time) (the "Platform") operated by Maestro Media Limited, a company registered in England and Wales with company number 11996244 and registered office at 10 Kelham Gardens, Marlborough, England, SN8 1PW ("we", "us", "our" or "Maestro").
1.2. By 'gift cards', we mean a digital code issued by Maestro which can be used to redeem (subject to these terms) the course to which the gift card relates or an All Courses Pass, which are available on the Platform, for no additional charge to the redeemer.
1.3. Maestro does not currently sell gift cards which operate as 'pre-paid' vouchers in relation to which a credit balance can be redeemed against products on the Platform generally. Each gift card can only be used to redeem the particular course for which it was purchased in accordance with these Terms.
1.4. If you purchase a gift card for somebody else, you should ensure that they are aware of these terms.
1.5. Please note that gift cards will expire if not redeemed within a certain timeframe. Please refer to clause 4.2.2below.
2. Do any other terms apply?
2.2 The use of a gift card for the All Courses Pass (referred to in these terms as a 'Pass') is also subject to the Maestro Media Limited Subscription Terms.
2.3. Personal data processed by Maestro in connection with your purchase or use of gift cards will be processed in accordance with the Privacy Notice available here.
3. How do I use a gift card?
3.1. Head to https://www.bbcmaestro.com/giftcards and click the 'Have a gift card to redeem?' link. If you have an account, login. If you don't have an account, you will need to create one (for free). You will then be able to insert your gift card code to redeem the relevant course.
4.2. All gift cards:
4.2.1. can be redeemed only once;
4.2.2. expire if not redeemed within 5 years from the date of purchase;
4.2.5. may be redeemed only against the gifted course, or Pass, for which the gift card was purchased except in the circumstances set out in paragraph 4.3 below.
4.3 This paragraph and the paragraphs 4.3.1 to 4.3.3 do not apply to the Pass but they do apply to gift cards for particular courses. The gift card can only be redeemed against the gifted course for which the gift card was purchased, provided that:
4.3.1 if that course is not available at the time of redemption, a replacement course of equal value will be offered at point of redemption;
4.3.2 if the redeemer already owns the gifted course, a replacement course of equal value will be offered at point of redemption; and
4.3.3 if the redeemer already owns all Content available at the time, the gift card can be saved for future use (subject to expiry in accordance with clause 4.2.2 above) when new courses are added to the service, or used on a different account.
4.4 can only be redeemed in the country and in respect of the version of the Platform for which they are bought (so for example, a gift card purchased in the US can only be redeemed by a redeemer located in the US and accessing the US version of the Platform).
4.5 If the redeemer already has a subscription to the Platform, the gift card can be saved for future use (subject to expiry in accordance with clause 4.2.2 above).
5. Risk and Liability
5.1. As soon as you receive your gift card, the risk (including for loss, destruction, theft or unauthorised use) associated with the gift card passes to you. In particular and without limitation, you are responsible for maintaining the secrecy and confidentiality of your gift card code. Maestro cannot be held liable for any loss, destruction or theft of gift cards, any use of gift cards without your consent, or your failure to keep gift card codes confidential.
5.2. Nothing in clause 5.1 excludes or limits Maestro's liability should any unauthorised access or use of gift cards be caused wholly or primarily by it (for example, due to a system security breach within its reasonable control).
5.3. To the extent permitted by law, Maestro's liability in respect of your purchase, or use (or attempted or prospective use) of gift cards:
5.3.1. will be limited to the amount of the pre-payment you have made on the gift card; and
5.3.2. will exclude all indirect, consequential, special or punitive loss or damage.
6. Fraud prevention
6.1. We have the right to suspend use of gift cards if we know, or have a reasonable basis to suspect, that:
6.1.1. a gift card has been obtained dishonestly or fraudulently;
6.1.2. a person redeems or attempts to redeem a gift card dishonestly or fraudulently; or
6.1.3. any person using or attempting to use a gift card is doing so in circumstances where our systems are being hacked, subverted or otherwise misused.
7. Refunds and Returns
7.2. Gift cards have no cash value other than to be applied as payment for the courses available on the Platform in accordance with these Terms. They must be applied at the point of purchase and cannot be applied to previous purchases.
7.3. Any refunds of products bought using gift cards will be refunded as a gift card balance only.
8. Ending this contract
8.1. These Terms constitute a contract between you and us relating to the purchase and use of any gift cards. That contract begins on the date of purchase of a gift card and ends:
8.1.1. when you redeem the gift card; or
8.1.2. if the gift card expires in accordance with clause 4.2.2.
8.2. You can terminate this contract sooner on 30 days' notice by contacting us, but please note that by doing so you:
8.2.1. will not be entitled to a refund (other than in the circumstances described in clause 7.1); and
8.2.2. no longer have any rights under these Terms, and in particular will no longer have the right to redeem the gift card.
8.3.1. will not be entitled to a refund (other than in the circumstances described in clause 7.1); and
8.3.2. no longer have any rights under these terms, and in particular will no longer have the right to redeem the gift card.
9.1. If you have any questions about these Terms or gift cards, please contact Maestro by email at [email protected]
9.2. If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under the law of any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity or enforceability in any other jurisdiction of that provision.
9.3. These terms are governed by the federal laws of the United States (including the Federal Arbitration Act) and the laws of the state of Washington, without regard to principles of conflict of laws.
9.4. You agree to resolve any disputes arising out of or relating to these terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding arbitration to the American Arbitration Association in accordance with its rules for arbitration.
9.5. These paragraphs 9.3 and 9.4 do not affect any statutory rights that you are entitled to as a consumer (e.g., to bring action in court). You may be entitled to other consumer protection rights under the laws of your local jurisdiction.
9.6. If you are not happy with how we have handled any complaint, please contact us and we will advise you regarding whether we offer any forms of alternative dispute resolution and how to follow up on your complaint. 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. It won't prevent you from bringing legal proceedings.
MAESTRO MEDIA LIMITED SUBSCRIPTION TERMS
1. These Terms
1.1. These terms apply to purchases of subscriptions on the platform known as 'BBC Maestro' (as it may be renamed or rebranded from time to time) (the "Platform") operated by Maestro Media Limited, a company registered in England and Wales with company number 11996244 and registered office at 10 Kelham Gardens, Marlborough, England, SN8 1PW ("we", "us", "our" or "Maestro").
1.2. The Platform provides users with access to e-learning, informational and/or instructional audio-visual content delivered by celebrities or other well-known experts (the "Content").
1.3. By 'subscription' we mean a payment by you which grants you access to all Content on the Maestro website for a period of time.
1.4. By 'subscriber' we mean anyone with a subscription from time to time.
1.5. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
1.6. These terms and conditions apply to anyone purchasing a subscription from us ("you") and form a binding legal agreement between you and us relating to your subscription. If you do not confirm your acceptance of these terms and conditions during the order process, you will not be able to purchase a subscription.
1.7. You can only purchase a subscription for yourself, unless you purchase a gift card for the Pass which can be redeemed by someone else, in which case the redeemer will be a party to this agreement.
1.8. If you have any questions about these terms or wish to contact us you can reach us:
1.8.1. By using the 'contact' page of our website; or
1.8.2. By email at [email protected]
2. Do any other terms apply?
2.2. Personal data processed by Maestro in connection with your purchase or use of subscriptions will be processed in accordance with the Privacy Notice available here.
3. Ordering your Subscription
3.1. To purchase a subscription, you must:
3.1.1. be at least 18 years of age;
3.1.2. the United States
3.1.3. be a natural person; and
3.1.4. not be in breach of any agreements with us or any of our terms and conditions (including these ones).
3.2. To become a subscriber of Maestro, you will be required to provide us (to the extent you do not already have an account with us and we do not already hold such information) with your first name, last name, email address and password, and a valid method of payment and then follow the procedure set out on [https://www.bbcmaestro.com/] to submit your order. You should check all of the information that you enter and correct any errors before submitting your order, as once your order is submitted, we will begin processing it immediately. All orders placed and processed via [https://www.bbcmaestro.com/] shall be in the English language. These terms and conditions are only available in the English language.
3.3. If we ask you to, you agree to provide us with evidence of your identity and that provision of the same will be a condition to you being able to purchase or continue to access your subscription.
3.4 Your order constitutes an offer to us to buy a subscription. Our acceptance of that offer (and the formation of a contract between you and us according to these terms and conditions) will take place when we send you a confirmation email to accept your subscription order, at which point a legally binding contract will be formed between you and us pursuant to these terms and conditions. This paragraph 3.4 and paragraph 3.5 below do not apply to you if you have a gift card for a Pass. Please refer to paragraph 3.6 below if you are redeeming a gift card for the Pass.
3.5. If we are do not accept your order, we will inform you of this by email and will not charge you for the subscription or we will refund you any amounts already paid by you for that subscription.
3.6 If you have a gift card for the Pass, your access to the Content (and the formation of a contract between you and us according to these terms and conditions) will start on the date that you enter the digital code associated with the gift card on the Platform and then you can start accessing the Content straight away.
4. Your Subscription
4.1. By ordering the subscription and paying any recurring annual subscription fees (as set out in your order) to keep your subscription active, you will be able to access any Content available on the Maestro website.
4.2. Once we have accepted your subscription order, and for each year your subscription is successfully renewed, you will receive an email confirming that your payment has been successful and containing details of your subscription. Your subscription starts on the day of our acceptance of your order. Once we have accepted your order, you can start using your subscription straight away. This paragraph 4.2 does not apply if you have redeemed a gift card for the Pass (please refer to paragraph 3.6) however, this paragraph 4.2 will apply to you if you decide to renew your subscription once your access to the Content has expired.
4.3. There is a limit of one subscription per person and you cannot transfer your subscription to any other person. You agree not to share your login details with anyone else.
4.4. We only supply subscriptions for private and non-commercial use. Any Content accessed using your subscription must be for your personal consumption only. We reserve the right at any time and in our sole discretion to verify a subscriber’s eligibility and compliance with these terms and conditions, including but not limited to, ensuring that the subscription is not being used for a commercial purpose.
4.5. Each subscription is subject, on an ongoing basis, to the subscriber making 'fair' use of their subscription, to be determined in Maestro's reasonable opinion. Examples of use that will not be considered 'fair' include:
4.5.1. where a subscriber's access to Content or use of the Platform's bandwidth is materially or repeatedly in excess of that which may reasonably be expected of a typical user;
4.5.2. where Maestro reasonably believes that a user may be using their subscription to download, rip or pirate content other than as expressly permitted by us;
4.5.3. any attempt to gain unauthorised access to the Platform, Content, the credentials of another user, the server on which any of the foregoing is stored or any server, computer or database connected to the Platform;
4.5.4. attacking the Platform or its associated servers via denial-of-service attacks, distributed denial-of service attacks or similar activity, or taking any other action in connection with the Platform which would or may be an offence under the Computer Misuse Act 1990;
4.5.5. using the Platform in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
4.5.6. collecting or harvesting any information or data from the Platform or our systems or deciphering any transmissions to or from the servers or databases running or communicating the Platform (other than in the ordinary course of using the Platform), or attempting to do any of the foregoing; or
4.6. Without prejudice to its other rights and remedies, Maestro will be entitled to suspend and/or cancel a subscription if it considers a user is in breach of clause 4.5.
4.7. Subscriptions cannot be exchanged for other goods or products and are only eligible for refunds to the extent expressly set out in these terms and conditions.
5. Subscription Products
5.1. All Content is subject to availability and to all of our usual terms and conditions.
5.2. We can add any Content to and remove any Content from the Platform in our absolute discretion. While we try to ensure the consistency of Content available on the Platform, we cannot guarantee that any Content will be available on the Platform in perpetuity or for any period of time.
5.3. We may advertise Content as "Coming soon" or similar expressions where we have a reasonable basis to believe that Content will soon be available on the Platform (i.e. where it is in pre-publication or production), but we cannot guarantee that any such Content, or any other Content that is not currently available on the Platform, will be finalised and released on the Platform in future.
5.4. Due to licensing requirements, we cannot guarantee that all Content will be available in all territories.
5.5. We make no representations or guarantees as to the uptime, performance or functionality of the Platform.
6. Subscription Fees
6.1. If you cancel your subscription within the first 30 days of your subscription, you will receive a full refund on the price paid on your subscription.
6.2.1. you are opted-in to auto-renewal; or
6.2.2. you have actively renewed your subscription,
we will charge you the annual subscription fees using the payment method selected by you during the order process. The subscription fee includes VAT unless otherwise stated. The first payment will be taken when you complete the order process.
6.3 This paragraph 6.3 applies to the Pass only. The Pass grants you access to all Content on the Maestro website for a fixed period of twelve (12) months only. In order for your subscription to continue, you will need to take steps in your account to opt into auto-renewal which shall include adding a valid payment method to your account. All other subscriptions shall, unless you opt out of auto-renewal, automatically renew as per paragraph 6.4 below. If you are redeeming a gift card to the Pass, you should continue to read and accept the remainder of this paragraph 6.
6.4. You accept that, unless you opt out of auto-renewal, the subscription will automatically renew using automatically recurring payments as detailed in these terms and conditions, and that you will be responsible for all recurring fees. You can opt out of auto-renewal at any time during your subscription on the 'My Account' page on the Platform at https://www.bbcmaestro.com/users/account.
6.5. Your subscription provides you the right to use subscription benefits at your discretion (subject to these terms and conditions). Your non-use will not obligate us to provide you with any refund, in whole or part, of your annual subscription fee, but we may send you reminders about unused subscriptions and, to ensure our compliance with consumer protection requirements, may cancel subscriptions which have not been used for a long time.
6.6. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to payment method expiration, insufficient funds, the chargeback of a previously valid payment, or otherwise, and you do not cancel your subscription, we may suspend your access to the subscription until we are in receipt of cleared funds from you for the subscription and subsequently cancel it if payment is still not received within 14 days.
6.7. If you have a valid gift card to use, you will need to enter it in the gift card code box on the redeem gift card area of the gift card page of the Maestro website. No such codes can be applied retrospectively. If you have a valid discount, you will need to redeem it using the discount URL and following the purchase method provided from that URL. Unless otherwise stated, only one discount code, gift card or promotional code may be used per subscription. Other promotional terms may apply.
6.8. Subject to either you or us exercising our rights to cancel or terminate the subscription, or to you opting out of auto-renewal, you authorise us to, and accept that we will, charge your original payment method on a recurring annual basis beginning on completion by you of the order process and every year thereafter until you cancel or we suspend or terminate your access to the subscription. The recurring subscription fee will be the same amount as you paid for your subscription in the previous year, unless any price increases are notified to you in accordance with clause 6.9, and will be charged on the same day each year.
6.10. If payment of a recurring subscription fee fails because there is an issue with the payment method, for example, the debit card has expired, we will contact you via email. You may add, update or change payment cards or other subscription details such as email address and billing address by visiting https://www.bbcmaestro.com/users/account and logging in with your email address and password.
6.11. If the amount to be charged for a recurring subscription fee changes from the current fee, we shall provide notice of the amount to be charged and the date of the charge at least forty (40) days before the scheduled date of payment of the recurring subscription fee. If, as a result of the fee change, you want to cancel your subscription, please follow the steps in clause 7 below.
6.12. Your subscription will automatically renew each year and will continue unless cancelled by you or suspended or cancelled by us in accordance with these terms and conditions. Each renewal extends the duration of an existing subscription and does not qualify as a new subscription, including for the purposes of any joining offers or the 30-day money-back guarantee set out in these terms. For example, if your subscription is accepted on 4th January, it will be valid until 3rd January the following year unless renewed. If renewed, the recurring annual subscription fee would then be charged on 4th January 2023 for the next subscription year which would run until 3rd January 2024.
7. Cancelling your Subscription
7.1 The rights to cancel and rights to refunds set out in Paragraph 7 only apply if you have purchased access to a subscription, they do not apply if you are redeeming a gift card for a Pass. Once you have redeemed a gift card, you and the purchaser of the gift card will not be entitled to a refund. Please refer to the gift card terms for details of when gift cards may be eligible for refund.
7.2. You can cancel your subscription at any time. The cancellation will be effective from the end of the subscription year in which you cancel. Other than as set out in these terms, cancellations are not eligible for refunds.
7.3. To cancel your subscription or to opt-out of auto-renewal, you need to click the ‘My Account’ link provided in any of your subscription renewal emails or go to: https://www.bbcmaestro.com/users/account. You will need to login using your email address and password. You will then be able to view your subscription and cancel it. If you have any difficulties in cancelling your subscription, please contact us using the details at the top of these terms and conditions.
7.4. Unless cancelled during the first 30 days, cancellation by you of your subscription will take effect at the end of the subscription year in which you cancel it so you can continue to use your existing subscription until your current subscription year has expired. The recurring subscription fee will not be taken from you in respect of any following subscription year. Unless cancelled during the first 30 days of your subscription, you will not receive a refund for any part of a year in which you cancel. For example, if you start your subscription on 7th July, cancel it on the 19th September, you can continue to use it until 6th July the following year at which point it will expire.
7.5. You have the right to cancel your subscription, for any reason, within 30 days of the date of your subscription starting (the "Cooling-Off Period") and to receive a full refund. This Cooling-Off Period is inclusive of, and does not operate in addition to, any right of withdrawal, cancellation or cooling-off period under any applicable consumer protection laws.
7.6. If you wish to exercise your right to cancel in accordance with clause 7.5, you must contact us to let us know that you are doing so. You may do this by contacting us on the contact details set out at the top of these terms and conditions or via our contact form on the Maestro website at https://www.bbcmaestro.com/contact.
7.7. We will send you an acknowledgment of receipt of your cancellation request by email.
7.8. If you exercise your right of cancellation in accordance with clauses 7.4 and 7.5, this contract will come to an end and we will reimburse to you any payments received from you for your subscription. We will make this reimbursement no later than 14 days after the day on which we are informed about your decision to cancel your subscription. We will make the reimbursement using the same means of payment you use to pay for your subscription unless you expressly agree otherwise. Your refund is conditional on you providing us with any information we need to process it.
8. Managing your Account
8.1. When you have an active subscription, you will be able to login to your subscription account by using your email. You will need to visit www.bbcmaestro.com and enter the email address and password used for your subscription. Once you have logged in, you are able to:
8.1.1. check your account information and subscription details;
8.1.2. update your address & payment details;
8.1.3. see your billing history and download past receipts;
8.1.4. cancel your subscription; and
8.1.5. manage your marketing preferences.
9. Our Rights to End the Contract
9.1. If you do not make any payment to us when it is due, we will write to you to remind you that payment is due and may suspend your access to the subscription until we are in receipt of cleared funds from you for the subscription. If you still do not make payment within 30 days, we may cancel your subscription.
9.2. We may withdraw the subscription for any or no reason. We will write to you to let you know that we are going to stop providing the subscription. We will endeavour to let you know at least 30 days in advance of our stopping the subscription and will not take any subsequent recurring annual subscription fees and we will pay you a pro rata refund of an amount equal to the subscription fee prepaid by you for the period after your subscription has been withdrawn.
9.3. Without prejudice to clause 9.2 above, or any other rights and remedies available to us, we may suspend and/or cancel your subscription if:
9.3.1. you are in serious breach of these terms and conditions;
9.3.2. you are in serious breach of any other terms and conditions or agreements with us, and we reasonably believe that such breach may prejudice the performance of your obligations under these terms and conditions;
9.3.3. in accordance with clause 4.5, we consider, in our reasonable opinion, that your use of the subscription is not 'fair'; or
9.3.4. you breach these, or any other, terms and conditions in a way which is not serious but is: (i) repeated; or (ii) not put right within 30 days of us notifying you of the breach.
10. If there is a Problem with the Subscription or the Ordering Process
If you have any questions or complaints about the subscription, please contact us on the contact details set out at the top of these terms and conditions.
11. Responsibility for Loss or Damage Suffered by You
11.1. Nothing in these terms and conditions limits our liability which cannot legally be limited, including liability for death or personal injury caused by negligence; or fraud or fraudulent misrepresentation.
11.2. Subject to the other provisions of this clause, our liability to you under and in respect of these terms and conditions is limited at the cost of the subscription fees paid by you under these terms and conditions.
11.3. We are not liable for business losses. We only supply the subscription for personal use. If you use the subscription 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.
11.4. If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these terms and conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your order became binding (i.e. when the confirmation email for that order was issued).
12. Other Important Terms
12.1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
12.2. We will endeavour to give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next access the Platform, unless changes are required sooner by law, to comply with best practice, or to reflect changes in how the Platform is operated.
12.3. If you do not accept the notified changes you will either:
12.3.1. be able to continue to use the Platform and access any Permitted Content in accordance with the existing terms but certain new features may not be available to you; or
12.3.2. in certain circumstances, you will not be permitted to continue to use the Platform or access Permitted Content (in which case you have the right to cancel this contract by following the steps in clause 7 above and may be eligible for a refund and we will contact you separately about this).
12.4. We reserve the right to refuse to accept a new subscription order or any annual renewal if we reasonably believe that you are not complying (or have not in the past complied) with these terms and conditions.
12.5. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms and conditions, 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 subscription, we can still require you to make the payment at a later date.
12.6. We shall not be in breach of these terms and conditions nor liable for delay in performing, or failure to perform, any of our obligations under these terms and conditions if such delay or failure result from events, circumstances or causes beyond our reasonable control. In such circumstances, we shall be entitled to a reasonable extension of the time for performing such obligations and may:
12.6.1. suspend your subscription for the period during which your subscription cannot be used. During such suspension period, we will take no further payments from you under these terms and conditions. In this case, the then current subscription period for your subscription will continue once your subscription can be used again or may be terminated in accordance with clause 12.6.2 below; and
12.6.2 if the period of delay or non-performance continues for a significant period of time, we may terminate your subscription. If we terminate under this clause 12.6.2, we will pay a pro rata refund of an amount equal to the subscription fee prepaid by you for the period after your subscription has been terminated (for the avoidance of any doubt no payment shall be due to the redeemer where the Pass was redeemed via a gift card and in such circumstances, refunds pursuant to this paragraph 12.6.2 will need to be requested by the purchaser of the applicable gift card). .
13.1. If you have any questions about these terms, please contact us on the contact details set out at the top of these terms and conditions.
13.2. If any provision of these terms shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under the law of any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity or enforceability in any other jurisdiction of that provision.
13.3. These terms are governed by English law and you can bring legal proceedings in respect of the subscriptions in the English courts. If you live in Scotland you can bring legal proceedings in respect of subscriptions you may have bought in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of subscriptions you may have bought in either the Northern Irish or the English courts. If you are a resident of the United States, these terms shall be governed by and construed in accordance with the laws of the State of New York including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any action brought by that involves a resident of the United States shall be brought within the State of New York, County of New York.
13.4. If you are not happy with how we have handled any complaint, please contact us and we will advise you regarding whether we offer any forms of alternative dispute resolution and how to follow up on your complaint. 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. It won't prevent you from bringing legal proceedings.