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    Terms and Conditions

    By Subscribing to the Service, you confirm that you have fully understood these Terms and Conditions and that you are bound by these Terms and Conditions, including any changes to them or to the Service in accordance with these Terms and Conditions.

    To operate the Venue Service, you must:
    utilise the Venue Box provided to you;
    have access to the internet via Ethernet;
    possess necessary audio and visual equipment;
    have an internet enabled device in order to manage your Account, and;
    hold all necessary licenses in order to operate Karaoke and Music Services within your Venue premises.

    1. Interpretation

    1.1 In these Terms:

    “BUSINESS DAY” means a day (other than a Saturday, Sunday or public holiday in England) when banks in London are open for business;

    “CUSTOMER”, “YOU” or “YOUR” means the Venue, person or entity who accepts the Suppliers agreement for the supply of the Services on behalf of the Venue;

    “EQUIPMENT” means items supplied by the Supplier to the Customer for the specified Service, these items are listed within the Getting started guide provided to the customer upon Sign up;

    “SERVICE” means the Karaoke.co.uk online and offline karaoke service and all equipment;

    “PAYMENT METHOD” means the Card Payment details that You have provided to our secure payment gateway for each recurring subscription payment;

    “SESSION” means a period of time whereby the Service is in operation by the Customer;

    “SIGN UP” means the process the Customer completes in order to Subscribe;

    “STREAMS” means a track played on the service, in part, or in full, regardless if any person sings that track or not;

    “SUBSCRIBE” or “SUBSCRIPTION” means the Rolling Agreement entered between Supplier and Customer for the Service provided;

    “SUPPLIER”, “US” or ‘”WE” means Yousing Limited (registered in England under number 10417802);

    “SUPPLY” shall mean in relation to the Equipment and Services the provision thereof by the Supplier;

    “TERMS” means the standard terms set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Customer and the Supplier;

    “TRACKS” means the songs available on the service;

    “VENUE” means the location where the Service shall be installed / operated and whether such installation shall be carried out by the Customer or by the Supplier and shall include all buildings and structures thereon;

    “VENUE BOX” means the physical box of Equipment provided to You for use as part of the Subscription;

    “VISITOR” means any person, logged in or not and who interacts with the Service during a Session;

    “WRITING”, and any similar expression, includes post, electronic mail and other forms of electronic communication;

    1.2 The headings in these terms are for convenience only and shall not affect their interpretation.

    2. Basis of the Supply

    2.1 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Supplier. 

    2.2 The Supplier’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Supplier in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

    2.3 Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the storage, application or use of the Equipment or as to the provision of the Services which is not confirmed in Writing by the Supplier is followed or acted upon entirely at the Customer’s own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation which is not so confirmed.

    2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

    3. Billing

    3.1 Subscription pricing details are displayed on our website.

    3.2 The total cost of a Subscription will be charged as specified, along with the next Payment Due date, within your Account Login, which can be accessed by logging in and viewing ’Subscription’ within the ‘My Account’ section.

    3.3 You can change your Payment Method from within the ‘Subscription’ section within the ‘My Account’ section. If a payment is not settled, due to expiration, insufficient funds, or any reason otherwise, and you do not change your Payment Method or Cancel your Subscription, we may suspend your access to the Service until we have received full payment from a valid Payment Method. When you update your Payment Method, you agree and authorise us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts.

    3.4 We use Payment Gateway Providers to process card payment transactions. During the Subscription Sign Up process you will need to provide certain information that will allow the Payment Gateway Providers to collect payments on our behalf and you authorise the Payment Gateway Providers to collect payments on our behalf. If a payment fails, the Payment Gateway Providers will try to collect payment again but if they are still unable to process the payment, you will not be able to access the Service.

    3.5 We may change the terms of the Service Subscriptions and any other part of the Service, including any pricing, occasionally. It may be necessary for us to increase pricing due to new content, services, support levels and any other continued investment in the delivery of the Service. We reserve the right that we may need to increase pricing at any point for any reasons other than those stated.

    3.6 We will provide you with 30 days’ notice of any changes to pricing and you are entitled to cancel your Subscription prior to the pricing changes taking effect.

    4. Money Back Guarantee

    4.1 If you are not satisfied with your Subscription, we can offer you a Money Back Guarantee providing that:

    a You notify us within 30 days following receipt of the Venue Box bundle. To notify us you must contact Support. Support contact details can be found within the ‘My Account’ section;

    b You return all Equipment in full, and in working order to us within a further 10 working days following your notification to us that you are not happy with the Service, or;

    c You have not previously held any Subscribtion to the Service.

    4.2 You must notify us that you are not happy with the Service BEFORE returning the Equipment to us, failure to do so, may result in us not being able to provide you with a refund.

    4.3 The Money Back Guarantee does not include the shipping costs in order to return the Equipment to us. You can find out more about Returning Equipment in clause 8  

    5. Use of the Service

    5.1 The Customer agrees to only operate the Service when providing a karaoke Session for visitors to the Venue and will switch off the Service, when not in use, as instructed to you prior to commencement of the Service.

    5.2 You must be 18 years of age to subscribe to the Service. Due to the nature of some Tracks available on the Service, minors may only use the Service under the supervision of an adult

    5.3 You are solely responsible for any Advertisement content uploaded and shown via your Venue Service.

    5.4 The Customer agrees not to resell, loan or in any other capacity allow the use of the Service provided to the Venue to anyone else other than visitors who are physically within the Customer venue during a session that is in operation and available to all Venue visitors.

    5.5 It the sole responsibility of the Customer to ensure that the Service and Equipment is operating without issue in advance of any karaoke Session.

    5.6 It is the sole responsibility of the Customer to ensure that any licenses required and any legal requirements are held in order that the Customer can operate the Service at the Venue. The Supplier will not be held liable in any case arising in which the Customer is not legally able to use the Service within the Venue.

    5.7 Risk of damage to or loss of the Equipment and Service shall pass to the Customer:

    5.8 It shall be the responsibility of the Customer at all times to ensure that the Equipment shall be properly used and maintained at all times in such a way that the use by the Customer of the Equipment shall not cause any damage or loss to the Venue. The Supplier shall be under no liability to the Customer for any loss or consequential loss arising from the Customer’s failure to comply with this provision.

    5.9 Any passwords or log in credentials chosen and used by the Customer to access their account are the responsibility of the Customer, the Customer agrees that they will not share their details with any other person or entity and the Customer must be satisfied that their chosen access credentials are of a secure nature.

    5.10 The Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, or (in particular but without limiting the severability of this clause) in respect of any damage or loss caused by impact damage, third party intervention (e.g. vandalism), for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods / Services (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use by the Customer, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the Equipment / Services, except as expressly provided in these Terms.

    6. Cancellation

    6.1 A minimum term for your Subscription may apply and your Subscription will automatically renew for the same period of time as the minimum term. You can prevent your Subscription from automatically renewing at any time. You can do this from within your Account Login. Upon cancelling your Subscription, you agree to return the Equipment to us within 10 working days from the end of your Subscription minimum term. The Equipment will need to returned to us at your cost. You can find out more about returning equipment within your Account Login. Failure to return the Equipment to us within 10 working days following the end of your Subscription minimum term, in full, and in working order may result in you becoming liable to pay us for the Equipment, or to pay for the collection of the Equipment from you.

    6.2 Cooling Off Period - Customers are entitled to a statutory cooling-off period of 14 business days from the moment of the order of the subscription and/or paid for period. Important – The 14-business day period will no longer be valid if you have accessed the Service during the cooling-off period. If you wish to receive a full refund before the end of the cooling-off period, you must contact us.

    7. Equipment

    7.1 The Equipment in order for you to be able to operate the Service is provided to you within a Venue Box Bundle which is shipped directly to you upon paying for a Subscription.

    7.2 If we have agreed to supply you with additional Equipment to that what is supplied as standard within the Venue Box Bundle, these items will be listed in writing to you.

    7.3 It is the sole responsibility of the Customer to ensure that the Equipment is properly looked after, stored and used appropriately.

    7.4 If there is a fault with your Equipment upon receipt of the Venue Box, you will need to inform us immediately by contacting Support, you can find the Support details from within the ‘My Account’ section.

    7.5 The Equipment is for the sole use of the Customer when operating the Service within the address of the Customer premises that the Customer provided upon Sign Up. The Equipment is not be used by the Customer for any other purpose than to provide the Service within the stated premises.

    7.6 The Customer agrees that none of the Equipment will be loaned, resold or used in any capacity by anyone else other than you. The Customer will retain the Equipment listed for as long as the Service is in operation at the Venue and the Customer is paying for the Service.

    7.7 If any Equipment is lost, stolen or damaged during the continued use of the service, the Supplier may, at their discretion, replace items for the Customer, the items, at the discretion of the Supplier, may be charged to the Customer at plus any associated delivery or installation charges.

    7.8 If you cancel a Subscription, you agree to return the Equipment to us as stated in clause 6. Cancellation and 8. Returning Equipment. You can also find details on Returning Equipment in the ‘My Account’ section.

    8. Returning Equipment

    8.1 The Equipment will need to be returned to us, in full, and in working order at your cost within 10 business days following the end of your Subscription minimum term. You can find out more about returning equipment within your Account Login. Failure to return the Equipment to us may result in you becoming liable to pay us for the Equipment, or to pay for all costs associated with the collection of the Equipment from you.

    8.2 If any Equipment is lost or damaged, the Customer may be liable to pay the Supplier the full market value of any lost and/or damaged Equipment.

    8.3 It is the responsibility of the Customer to ensure that the items are delivered directly to the Supplier using a tracked courier service. The Supplier cannot be held responsible for any lost deliveries or any damage caused during delivery. Further details on how to return Equipment to us can be found within your Account Login.

    9. Lost, stolen or damaged Equipment

    9.1 If any Equipment is lost, stolen or damaged, the Customer must inform the Supplier immediately by calling us on 0333 600 8487 and reporting this to the Supplier.

    9.2 If any Equipment is lost, stolen or damaged, the Customer will be liable to pay the Supplier the full market value of any lost and/or damaged Equipment.

    10. Upgrades to Equipment during the use of the Service by the Customer

    10.1 The Supplier may, from time-to-time need to upgrade the existing equipment in use by the Customer. This will be at the discretion of the Supplier and where possible, a suitable date and time will be arranged with the Customer to carry this out.

    11. Equipment testing

    11.1 It is the responsibility of the Customer to ensure that all equipment regularly meets with any requirements, legal or otherwise, that the Venue requires. The Customer agrees to notify the Supplier immediately if there is a fault, or a fault is suspected, with any of the Equipment.

    12.  Service Fair Usage Policy

    12.1 Use of the Service is based on a Fair Usage Policy. The Fair Usage Policy ensures that all Customers are provided with a reliable, cost effective Service. The Service is subject to a Fair Usage limit of 10 hours per day. If the Customer exceeds the limits of the Fair Usage Policy, the Supplier may request that a higher fee is agreed, or may temporarily suspend the Service until such a time an agreement with the Customer has been finalised.

    13. Availability of the Service

    13.1 Whilst the Supplier monitors and carries out updates to the service, the Supplier will not be liable for any loss or damage, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with:

    • use of, or inability to use, our service; or
    • use of or reliance on any content displayed on our site.

    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.

    We may, from time-to-time need to carry out essential maintenance to the service. We will, where possible carry this out during times when the service is unlikely to be in operation. In the event that we have to carry out emergency maintenance, we reserve the right to temporarily disable the service to carry this out without providing any prior notice.

    14. Tracks

    14.1 We are dedicated to the continual growth of the Track catalogue and to make these available to the Customer for the Service provided. We produce Tracks and the Service also provides Tracks from third party Track providers. The Supplier reserves the right to remove Tracks from the Service at any time if required to do so by any of the licensing bodies that the Supplier reports to, or by any of the third party Track providers, or for any other unspecified reason.

    15. Support

    15.1 If you are experiencing any technical difficulties, you must contact us immediately on the Support details provided with your Account Login.

    15.2 If we are unable to resolve the issue over the telephone and/or email, we may need to schedule a site visit. Please note that it may take two to three days to schedule a site visit.

    15.3 If during the site visit, the issue you are experiencing is not related to the Service supplied by us, the site visit may be chargeable at a rate of £90 per hour.

    16. Intellectual Property

    16.1 Except as expressly set out in this Agreement, all Intellectual Property Rights in our Equipment will remain with us or our providers or licensors.

    16.2 Where Software is provided to enable the Customer to make use of the Services, We grant to the Customer a non-exclusive non-transferable licence to use the Software solely for the purpose of receiving the Services. Where any additional terms and conditions apply to its use of the Service We will make these known to the Customer and the Customer will, if requested, sign any agreement reasonably required to protect the owner’s rights in the Service.

    16.3 The Customer will not copy, decompile or modify the Service without prior written consent from us (except as permitted by law) and will not distribute or disclose the Service to any third party.

    16.4 The Customer acknowledges that We has no obligation to review or edit any of its information or third party information which the Customer stores on or transmits through the Equipment or uses in connection with the Services. However, We reserve the right to access, retain and disclose copies of such information for the purposes of:

    a correcting, maintaining and improving the Services;

    b complying with any applicable laws, Regulations, statutory instruments or the terms of our licences and contracts;

    c observing the performance of the Services;

    d retaining a record of activity on our Equipment or systems;

    e complying with any request for information or disclosure from a court or other appropriately authorised body; or

    f ensuring that the Customer is complying with the Use of the Service properly.

    17. Visitor Data

    17.1 The Customer may have access to Visitor Data from within the Account Login section. The Customer agrees that they will adhere to any GDPR or any other legal regulations in place in order to be able to store, manage or utilise any Visitor data in any manner.

    18. Temporary or permanent disabling of the Service

    18.1 The Supplier reserves the right to temporarily disable or completely withdraw the Service at any time and without reason.

    We will not be liable for:

    a loss of profits, sales, business, or revenue;

    b business interruption;

    c loss of anticipated savings, or;

    d loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

    19. Confidentiality

    19.1 Neither party shall disclose to any third party without the prior consent of the other party any confidential information which is received from the other party as a result of this contract. Both parties agree that any confidential information received from the other party will only be used for the purposes of providing and receiving Services. These restrictions do not apply to any information which:

    a was or becomes generally available to the public other than as a result of a breach of an obligation under this clause 19;

    b was acquired by a third party owing no obligation of confidence in respect of the information, or;

    c was known to a party before the information was disclosed to it by the other party.

    19.2 Notwithstanding clause 19.1 We will be entitled to disclose the Customer’s confidential information to a third party to the extent required by any court of competent jurisdiction or by a governmental or regulatory authority, or where there is a legal right, duty or requirement to disclose such confidential information.

    20. Service Failures

    20.1 We will use reasonable endeavours to provide the Services but We shall not be liable for any Service Failure resulting from factors outside of our control.

    20.2 We do not guarantee that the Services will be continuously available to the Customer or free from Service Failures.

    20.3 The Customer shall promptly report to our Support line referred to in clause 14. any Service Failure it experiences (receipt of which will be logged by us), giving sufficient information to enable us to investigate the claim.

    20.4 If no Service Failure is found after such investigation, the Customer shall pay such charges as may be notified from time to time in respect of reasonable costs and expenses incurred.

    20.5 Where any Service has been unavailable to the Customer for a continuous period of more than seven (7) days (the "Unavailable Period") and not as a result of any action or omission of the Customer or any event beyond our reasonable control, the Customer may apply to us for a rebate of any time based Charges in respect of the Unavailable Period (from the time the fault report is logged by us until the Service is restored) and We shall allow the Customer a proportionate rebate of such time based Charges and may credit such amount against subsequent invoice(s). We shall have no other liability for failure or unavailability of the Service.

    21. Communications to You

    21.1 If we need to contact you, including any Notices of Pricing Changes, Cancellations or otherwise, we will do so via email to the email address you provided to us upon Subscribing. Notifications will be deemed to have been delivered to you on the day they are sent. It is your responsibility to make sure that you have provided us with the correct contact details and to inform us immediately if they change.

    22. Changes to Terms and Conditions

    We may, from time to time, change these Terms and Conditions. We will aim to notify you with at least 30 days before any new Terms and Conditions apply, unless any changes are required to be implemented swiftly, in which we will notify you as quickly as is reasonably possible. By continuing to use the Service we take this as acceptance of the amended Terms and Conditions. The most up to date Terms and Conditions will always be available to view from within the ‘My Account’ section.

    23. General

    23.1 The Customer acknowledges that it has not been induced to enter into this Agreement by any representations made before or on entering into this Agreement (whether made negligently or innocently or whether oral or written) that are not set out in this Agreement.

    23.2 The Customer acknowledges that the only remedy it has against us for any misrepresentation or untrue statement shall be a claim for damages for breach of this Agreement. However, if We have made any fraudulent representations upon which the Customer has relied, the Customer may pursue us, and the Customer shall be entitled to all available remedies under English law.

    23.3 This Agreement shall supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject-matter contained herein and this Agreement shall constitute the entire, complete and exclusive agreement and understanding between the parties hereto.

    23.4 No variation of this Agreement or waiver hereunder shall be effective unless agreed in writing by us.

    23.5 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in questions shall not be affected as a result.

    23.6 The Customer shall not assign transfer or sub-contract or try to assign any or all of its rights and responsibilities under the Agreement. We may sub-contract transfer its rights and obligations hereunder to any third party or transfer the same to a new service provider.

    23.7 The Customer shall not resell or otherwise make the Services available to any other person, or sell or transfer any part of the Equipment or Service to any third party without the prior written consent from us.

    23.8 This Agreement is governed by English Law and the English Courts shall have exclusive jurisdiction as regards any dispute.

    24. Our Right to Cancel

    24.1 We can cancel your Subscription (and/or any part of it) at any time. If we cancel your subscription, or any part of it, after you have paid to use the Service, we will provide as much advance notification as is reasonably possible and you will either:

    (1) have access to the Service (or part of) for the remainder of your usage period; or (2) be provided with a refund for any usage period remaining after the date of termination.

    In any event we may immediately suspend or restrict your use of the Service without refund or compensation, if:

    a you fail to make a payment that you owe us, or if your Payment Method fails;

    b you breach these Terms and Conditions;

    c we suspect or believe that yo have, or may be committing fraudulent activity against us or against any other person or           organisation through your or their use of the Service;

    d you have acted towards our staff or agents in a way that we consider unacceptable and serious enough to end your use of our Service;

    e you have not purchased a Subscription directly from Us;

    f you use the Service in a manner that may negatively influence the reputation and/or business of Yousing Limited, our affiliates, our commercial partners and payment processors and any other third party who are conducting services on our behalf in relation to the Service, or;

    g it is not reasonably avoidable due to any operational or technical issues which are beyond our reasonable control.