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    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;

    “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 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 or locations where the Service shall be installed / used and whether such installation shall be carried out by the Customer or by the Supplier and shall include all buildings and structures thereon;

    “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. 

    2.3 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 Goods 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. Equipment

    3.1 The Equipment provided is listed within the ‘Getting started guide’, which is the PDF ‘karaoke-getting-started-guide.pdf’ which you can download from the link emailed to you upon Sign Up.

    3.2 Any additional equipment, to that listed within the Getting started guide, that is provided to the Customer will be clearly stated within a secondary email to the Customer.

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

    3.4 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.

    3.5 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.

    3.6 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.

    4. Returning Equipment

    4.1 If the Customer cancels the Service, all Equipment listed will need to be returned to the Supplier within 10 business days of the Supplier confirming receipt of cancellation in writing.

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

    4.3 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.

    5. Lost, stolen or damaged Equipment

    5.1 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.

    5.2 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.

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

    6.1 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.

    7. Equipment testing

    7.1 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.

    8.  Service Fair Usage Policy

    8.1 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.

    9. Availability of the Service

    9.1 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.

    10. Use of the Service

    10.1 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.

    10.2 The Customer agrees only to operate the Service to provide karaoke for visitors to the Venue and will not use the Service to play background music or for any other purpose other than to provide the karaoke Service.

    10.3 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.

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

    10.5 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.

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

    10.7 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.

    10.8 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.

    10.9 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.

    11. Tracks

    11.1 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.

    12. Price of the Service

    12.1 The price of the Service (including Equipment) shall be the Supplier’s quoted price on the Sign up subscription process.

    12.2 The Service is billed on a monthly basis from the point of Sign up by the Customer.

    12.2 The ongoing cost of the Service paid by the Customer is reviewed quarterly on a calendar year. The Supplier reserves the right to increase the cost of the Service and the Supplier will provide at least four weeks written notification to the Customer, to inform the Customer of any changes to the cost of the Service.

    13. Terms of Payment

    13.1 The Customer is required to pay the monthly fee for the continued use of the Service. Payment to the Supplier is required by way of recurring card payment, standing order, or BACS to the Supplier.

    13.2 If the Customer fails to make any payment, without limiting any other right or remedy available to the Supplier, the Supplier may:

    13.2.1 cancel the contract or suspend the provision of any further supply of Services and Goods to the Customer;

    13.2.2 appropriate any payment made by the Customer to such of the Services (or the Equipment / Services supplied under any other contract between the Customer and the Supplier) as the Supplier may think fit (notwithstanding any purported appropriation by the Customer); and

    13.2.3 charge the Customer interest (both before and after any judgment) on the amount unpaid, at the rate of 8 per cent per annum above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).

    14. Support

    14.1 If you are experiencing any technical difficulties, you must contact us immediately on the Support line provided to you within the Help section of the Getting started guide which is available for you to download from the Sign up confirmation email.

    14.2 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.

    14.3 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.

    15. Intellectual Property

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

    15.2 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.

    15.3 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.

    15.4 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:

    15.4.1 correcting, maintaining and improving the Services;

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

    15.4.3 observing the performance of the Services;

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

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

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

    16. Visitor Data

    16.1 The Customer may have access to Visitor Data from within the Account Administration Section when logged in. The Customer agrees that they will adhere to any GDPR or any other legal regulations in place at that time in order to be able to store, manage or utilise any Visitor data in any manner.

    17. Temporary or permanent disabling of the Service

    17.1 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:

    • 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.

    18. Termination of the Service by the Customer

    18.1 The Supplier will require a minimum of four weeks notice from the Customer of their intention to cancel the Service, during which time the Service will remain active and the Service fee will remain applicable, unless otherwise agreed in writing by the Supplier. To cancel a subscription, you must contact us on 0333 600 8487 and speak to a member of the team. Upon notification we will confirm the request to cancel to you by email and arrange for the equipment to be returned to us by post or by collection. Once the equipment reaches us in full working order, will will begin the process of disabling the service.

    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:

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

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

    or

    19.1.3 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. Terms of this Agreement

    20.1 We may at any time amend the terms of this Agreement:

    20.1.1 On giving not less than one month's notice to the Customer such notice to be sent to the Customer by email or letter; or

    20.1.2 with immediate effect on giving to the Customer such notice as is reasonable in the circumstances if so required by Regulation or any other relevant authority, or to reflect changes to any relevant contract with an provider.

    20.2 The Customer will be bound by such amended terms if it continues to use the Services after the date of any such amendment, save that the Customer may by not less than one (1) month's counter-notice expiring on or before the date of the change terminate this Agreement.

    21. Our Rights and Obligations

    21.1 We reserve the right from time to time to improve or alter the Services as it deems appropriate, provided that such changes do not substantially change the nature of the Services.

    21.2 We will provide an after sales service and help desk contactable by telephone as may be notified from time to time.

    22. Service Failures

    22.1 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.

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

    22.3 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.

    22.4 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.

    22.5 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.

    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.