Socialdance.net
TERMS OF SERVICE
These Terms of Service ("Terms") govern access to and use of the Socialdance.net platform and all related websites, organiser-branded websites, custom-domain community sites, checkout pages, wallets, digital content, admin tools, messaging tools and related services made available by us (together, the "Service").
Please read these Terms carefully before using the Service.
1. ABOUT US
1.1 The Service is operated by Social Dance Tech Ltd, a company incorporated in England and Wales with company number 16618392 and registered office at Belmont Suite Paragon Business Park, Chorley New Road, Horwich, Bolton, United Kingdom, BL6 6HG ("we", "us" or "our").
1.2 You can contact us at info@socialdance.net, or by post at the address above.
1.3 In these Terms, "you" and "your" mean any person or entity accessing or using the Service, including:
- attendees, buyers, subscribers, donors and other customers; and
- organisers, promoters, teachers, community operators and other business users who use the Service to publish content, sell tickets or products, communicate with customers, or operate a community site (each an "Organiser").
2. ACCEPTANCE OF THESE TERMS
2.1 By accessing or using the Service, you agree to be bound by these Terms and any policies referred to in them, including our Privacy Policy and Cookie Policy.
2.2 If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind that entity to these Terms, and references to "you" include that entity.
2.3 If you do not agree to these Terms, you must not access or use the Service.
3. ELIGIBILITY AND ACCOUNTS
3.1 The Service is intended only for users aged 18 or over. By using the Service, you confirm that you are at least 18 years old and legally capable of entering into a binding contract.
3.2 You must create an account to purchase tickets or other products through the Service. Guest checkout is not available unless we expressly state otherwise.
3.3 You must provide accurate, complete and up-to-date information, and you must keep your account details updated.
3.4 You are responsible for all activity carried out through your account and for keeping your login credentials confidential.
3.5 We may refuse, suspend or terminate any account where we reasonably believe that:
- information provided is inaccurate or misleading;
- the account is being used unlawfully or fraudulently;
- the security or integrity of the Service is at risk; or
- suspension or termination is otherwise necessary to protect us, other users or the Service.
4. THE SERVICE AND OUR ROLE
4.1 The Service is a technology platform that enables Organisers to publish and operate event and community websites, sell tickets and other products or services, communicate with customers, and manage related content and customer relationships.
4.2 The Service may be made available:
- on our own websites and domains; and/or
- on websites or domains used by an Organiser but which may be powered, hosted or managed at a technical level by us.
4.3 Even where the Service appears on an Organiser's own domain or branded website, the underlying platform, checkout and related tools may still be provided by us, and these Terms will apply to that use.
4.4 We do not organise, host, run or control events or classes unless we expressly state otherwise. Each Organiser is solely responsible for its events, classes, subscriptions, merchandise, donations, add-ons, digital content and all related representations, content, conduct and fulfilment.
4.5 Organisers may use the Service to sell a range of products and services, including tickets, classes, subscriptions, merchandise, donations, add-ons and restricted-access digital content such as class recordings.
5. MERCHANT OF RECORD AND SELLER ARRANGEMENTS
5.1 The seller and merchant of record ("MoR") for a transaction will be identified at checkout, in the order flow, on the relevant confirmation page, in the confirmation email, or otherwise in the relevant purchase documentation.
5.2 Where the Organiser is identified as the seller or MoR:
- the Organiser contracts directly with the customer;
- the Organiser is responsible for fulfilment, refunds, chargebacks, fraud losses, applicable taxes, payment processor compliance and legal compliance relating to that transaction; and
- we act only as the platform provider and related service provider, unless expressly stated otherwise.
5.3 Where we are identified as the seller or MoR:
- the customer contracts with us for that transaction;
- we are responsible for the relevant payment processing and customer-facing transaction obligations, subject to these Terms and any event-specific terms; and
- the Organiser remains responsible for the underlying event, class, content, product or service, including delivery and lawful operation.
5.4 For a customer's first purchase from a particular Organiser, the Organiser will always be the MoR. For later transactions with that Organiser, we may, at our discretion and by automated means, designate ourselves as the MoR. The applicable position for each transaction will always be identified in the purchase flow or purchase documentation.
5.5 Nothing in these Terms obliges us to act as MoR for any transaction, event, Organiser or category of sale.
6. PURCHASES, TICKETS, SUBSCRIPTIONS AND DIGITAL CONTENT
6.1 All orders are subject to acceptance by the applicable seller.
6.2 Prices, descriptions, availability, access periods and eligibility rules will be shown in the relevant listing, checkout or purchase flow. Any platform transaction fee or other applicable charge may be shown as a separate line item at checkout. The total amount payable will be shown to the customer before the order is placed.
6.3 Tickets, passes, registrations and similar entitlements are licences to attend or access the relevant event, class, content or service. They do not give you any proprietary right in the event or content.
6.4 Unless the Organiser or we expressly allow transfer, resale or reassignment, tickets and similar entitlements are personal, revocable and non-transferable.
6.5 We may store tickets, access rights and related entitlements in your account wallet. You are responsible for keeping access to your account secure.
6.6 Where digital content is sold or provided through the Service, including recordings of classes or routines:
- access is limited to the purchaser or other authorised user;
- access may be subject to account restrictions, event attendance requirements or other access conditions notified at the point of purchase or access;
- you must not copy, download, record, distribute, sublicense, publicly share, stream or otherwise exploit that content except as expressly permitted; and
- all intellectual property rights in that content remain with the relevant Organiser, creator or rights holder.
7. EVENT CHANGES, REFUNDS AND CANCELLATIONS
7.1 Each Organiser must maintain and publish a clear refund policy for its events, products and services.
7.2 Where the Organiser is the MoR, the Organiser is legally responsible for refunds, event changes, cancellations, postponements, chargebacks and related customer remedies, subject to applicable law.
7.3 Where we are the MoR, we will generally deal with refunds and customer remedies in line with:
- the Organiser's published refund policy;
- applicable law; and
- our fraud, abuse and risk controls.
7.4 Where we are the MoR on a transaction, we will generally release the relevant funds to the Organiser 24 hours after the relevant event has concluded, subject to these Terms and any fraud, abuse, compliance or risk concerns.
7.5 If we are the MoR on a transaction and a customer is refunded after we have already released the relevant funds to the Organiser, the Organiser must repay that amount to us within 7 days of our request.
7.6 We may recover or claw back any amount due under clause 7.5 by:
- deducting it from any Stripe balance or other payment balance connected to the Organiser's use of the Service, to the extent permitted;
- deducting it from future sales, payouts or other sums otherwise due to the Organiser;
- issuing an invoice to the Organiser; or
- taking legal action to recover the amount.
7.7 Where an event is cancelled, postponed or materially changed, the applicable seller or MoR will determine the remedy to be offered, subject always to applicable law and any mandatory consumer rights.
7.8 An Organiser may be given tools to initiate or request refunds through the Service. The availability of those tools does not shift legal responsibility away from the applicable seller or MoR.
7.9 If we reasonably suspect fraud, abuse, error, unlawful conduct or breach of these Terms, we may refuse, delay, review or reverse any refund, payout, transfer or similar action to the extent permitted by law.
7.10 Donations are generally non-refundable unless required by law or expressly stated otherwise at the point of purchase.
8. ORGANISER OBLIGATIONS
8.1 If you are an Organiser, you warrant and undertake that:
- you have full power and authority to use the Service and enter into these Terms;
- all information you provide to us and to customers is accurate, complete and not misleading;
- you will obtain and maintain all licences, permissions, consents, permits, insurance and approvals required for your activities;
- your events, classes, products, services, content, messaging and conduct will comply with all applicable laws, regulations, codes and guidance;
- you are solely responsible for your events, premises, instructors, staff, moderators, attendees and customer interactions;
- you will provide and maintain any refund, cancellation and other disclosures required for your activities, and will use any terms, policies or templates that we require or make available through the Service;
- you will not use the Service to send unlawful marketing or misuse exported customer lists or personal data; and
- you will cooperate with our onboarding, compliance, fraud prevention and verification processes.
8.2 Organisers are responsible for moderating and policing content on their community sites, pages, blogs, comments and related areas, subject to our rights under these Terms.
8.3 Organisers remain responsible for all claims arising from their events, products, services, content, conduct, marketing, misrepresentations, venue issues, injuries, discrimination, harassment, data misuse or other acts or omissions.
9. PROHIBITED CONTENT AND CONDUCT
9.1 You must not use the Service in a way that is unlawful, fraudulent, abusive, harmful or misleading.
9.2 Without limitation, you must not publish, promote, sell, upload, distribute or facilitate:
- pornographic or sexually explicit content;
- illegal gambling or betting activity;
- unlawful violence, threats or violent extremism;
- hateful, discriminatory, harassing or abusive content or conduct;
- unlawful drugs, unlawful weapons or other illegal goods or services;
- misleading, deceptive or fraudulent listings or claims;
- content that infringes intellectual property rights, privacy rights or other third-party rights;
- malware, viruses, scraping tools, bots or code that interferes with the Service; or
- any event, product, service or activity that we consider inappropriate, unsafe, high-risk or incompatible with the Service.
9.3 We may remove content, suspend listings, disable access, block transactions or terminate accounts at any time where we reasonably consider it appropriate to protect the Service, comply with law, manage risk or protect users.
10. FEES, PAYMENT PROCESSING AND PAYOUTS
10.1 Organiser fees, subscription charges, per-ticket or per-order fees and any other commercial terms will be as set out:
- on the relevant pricing page;
- during onboarding;
- in a separate order form or commercial agreement; or
- otherwise as notified by us.
10.2 Payment processing fees charged by third-party providers, including Stripe, may apply in addition to our own fees unless expressly stated otherwise.
10.3 We may change our fees from time to time on notice to Organisers. Updated fees will apply from the date stated in the relevant notice or pricing page.
10.4 Any additional payment timing, payout or recovery arrangements may be set out in our commercial terms, onboarding materials or other notices to Organisers.
11. MARKETING COMMUNICATIONS
11.1 We and Organisers may send transactional and service-related communications that are necessary to operate the Service, fulfil orders, manage accounts, provide support, send event updates or administer the relationship.
11.2 Marketing communications may be sent only where permitted by applicable law and subject to any consent, opt-in, soft opt-in, suppression or unsubscribe requirements that apply.
11.3 For a particular transaction, whether marketing may be sent by us, by the Organiser, or by both as a result of separate transactions or separate relationships, will depend on:
- who is identified as the seller or MoR for the relevant transaction;
- the user's marketing preferences; and
- the lawful basis available under applicable law.
11.4 Users can opt out of marketing communications at any time using the unsubscribe link in the message or by updating their account preferences, but this will not affect service or transactional messages.
11.5 Organisers must not use the Service or any customer data obtained through it to send unlawful or non-compliant marketing, and are solely responsible for any use they make of exported marketing lists or customer data outside the Service.
12. DATA PROTECTION AND PRIVACY
12.1 Our collection and use of personal data are governed by our Privacy Policy and Cookie Policy.
12.2 We may use cookies, analytics tools, pixels and similar technologies as described in our Cookie Policy.
12.3 We may share personal data with third-party service providers involved in the operation of the Service, including payment providers, hosting providers, analytics providers and communication providers.
12.4 In some cases we act as an independent controller of personal data; in other cases, where expressly stated, we may process certain personal data on behalf of an Organiser under a separate data processing addendum or similar arrangement.
12.5 Organisers are independently responsible for their own handling of customer and attendee personal data, except to the extent we expressly agree in writing to act as processor for specific processing activities.
13. USER CONTENT AND LICENCE
13.1 You retain ownership of content you upload or make available through the Service, including text, images, listings, event pages, branding, videos, audio, music, sound recordings and similar material ("User Content").
13.2 By uploading or making User Content available through the Service, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, adapt, publish, display, distribute and otherwise use that User Content:
- to operate, improve and provide the Service;
- to host and display your event, class, product, service or community pages;
- to promote your events, offerings or community through the Service and related marketing channels;
- to create previews, thumbnails, excerpts and technical adaptations; and
- to comply with legal or regulatory obligations.
13.3 If you are an Organiser, you specifically grant us the right to use your event flyers, event descriptions, logos, names, images, videos, audio, music, sound recordings and similar materials to market and promote your events and the Service.
13.4 You warrant that you own or control, or have obtained all necessary rights, licences and permissions to upload and use User Content and to grant the licence in this clause.
13.5 We may remove or disable access to any User Content at any time.
14. INTELLECTUAL PROPERTY AND PLATFORM RIGHTS
14.1 All intellectual property rights in the Service, including software, design, layout, functionality, branding, code, databases and underlying technology, are owned by or licensed to us.
14.2 We grant you a limited, revocable, non-exclusive, non-transferable right to use the Service in accordance with these Terms.
14.3 You must not:
- copy, modify, reverse engineer or create derivative works from the Service;
- scrape, crawl, harvest or extract data from the Service by automated means;
- interfere with or disrupt the Service;
- use the Service to build a competing product or service; or
- use our names, logos or branding without our prior written consent.
15. THIRD-PARTY SERVICES
15.1 The Service may integrate with or depend on third-party services, including payment processors, hosting providers, analytics providers, email providers, SMS providers, CRM tools and other software or infrastructure providers.
15.2 We are not responsible for third-party services, their availability, their terms or their acts or omissions.
15.3 Your use of third-party services may be subject to separate terms with those providers.
16. SUSPENSION AND TERMINATION
16.1 We may suspend, restrict, disable or terminate all or any part of the Service, any account, any event listing, any community site, any custom-domain connection, any payout or any access right immediately and with or without notice where we reasonably consider it necessary or desirable to:
- protect the Service or other users;
- investigate or prevent fraud, abuse, unlawful conduct or security issues;
- comply with law, regulation, court order or payment provider requirements;
- address risk, reputational harm or complaints;
- enforce these Terms or any other agreement with us; or
- manage the Service for operational or commercial reasons.
16.2 An Organiser may stop using the Service at any time, but remains liable for all obligations accrued before termination, including fees, refunds, chargebacks, claims and compliance obligations.
16.3 Termination does not affect any rights, remedies or obligations that have accrued before termination.
17. DISCLAIMERS
17.1 The Service is provided on an "as is" and "as available" basis.
17.2 To the fullest extent permitted by law, we do not guarantee that the Service will be uninterrupted, secure, error-free or suitable for your particular purposes.
17.3 We do not warrant or guarantee:
- the quality, safety, legality or success of any event, class, product or service offered by an Organiser;
- the accuracy of content posted by users;
- that any listing will achieve any particular sales, attendance or engagement outcome; or
- that any digital content, website or campaign will remain continuously available.
17.4 Attendance at events and participation in classes or related activities may involve inherent risks. You assume those risks to the extent permitted by law.
18. LIABILITY
18.1 Nothing in these Terms excludes or limits liability for:
- death or personal injury caused by negligence;
- fraud or fraudulent misrepresentation;
- breach of any terms implied by law which cannot lawfully be excluded; or
- any other liability which cannot lawfully be excluded or limited.
18.2 Subject to clause 18.1, we are not liable for:
- any indirect or consequential loss;
- loss of profit, revenue, business, goodwill, opportunity or anticipated savings;
- loss or corruption of data;
- loss arising from acts or omissions of Organisers, attendees, venues, instructors, payment providers or other third parties; or
- loss arising from event cancellation, postponement, poor delivery, injury, venue issues, misrepresentation or unlawful conduct by an Organiser.
18.3 Subject to clauses 18.1 and 18.2, our total aggregate liability:
- to a consumer arising out of a particular order will not exceed the greater of (i) the total amount paid by that consumer for the affected order, and (ii) £100; and
- to an Organiser arising in any 12-month period will not exceed the total fees paid or payable by that Organiser to us in that 12-month period.
18.4 Nothing in this clause affects any mandatory consumer rights you may have under applicable law.
19. INDEMNITY
19.1 If you are an Organiser, you will indemnify and keep indemnified us, our group companies and our respective officers, employees, contractors and agents against all losses, liabilities, damages, costs, claims, demands, actions and expenses (including reasonable legal fees) arising out of or in connection with:
- your events, classes, products, services or content;
- your breach of these Terms or any applicable law;
- your fraud, negligence, wilful misconduct or misrepresentation;
- refunds, chargebacks, disputes, complaints or regulatory action relating to your activities;
- injury, death, loss, harassment, discrimination or property damage connected with your activities;
- your marketing activities or data misuse; and
- your infringement of any third-party rights.
20. CHANGES TO THE SERVICE AND THESE TERMS
20.1 We may modify these Terms from time to time.
20.2 Where a change is material, we will take reasonable steps to bring it to your attention, for example by posting the updated Terms on the Service or by email.
20.3 The updated Terms will take effect on the date stated in the updated version. If you continue to use the Service after that date, you will be deemed to have accepted the updated Terms.
20.4 We may also modify, suspend, replace or discontinue any feature, functionality or part of the Service at any time.
21. GENERAL
21.1 These Terms constitute the entire agreement between you and us in relation to the Service, except where a separate written agreement applies.
21.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
21.3 No waiver by us of any breach will constitute a waiver of any later breach.
21.4 You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms.
21.5 A person who is not a party to these Terms has no right to enforce them, except as expressly provided.
21.6 These Terms may be entered into electronically.
22. GOVERNING LAW AND JURISDICTION
22.1 These Terms and any non-contractual obligations arising out of or in connection with them are governed by the law of England and Wales.
22.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Service, save that if you are a consumer resident in another part of the United Kingdom you may also be entitled to bring proceedings in your local courts.