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Membership Terms and Conditions
1.1. In these Terms and Conditions the following definitions shall apply: Definitions “Agreement” means the terms incorporated herein as referenced within Clause 2.
“Class” means an instructor led class made available to the Client by the Company subject to the terms herein.
“Client” means the parent, guardian or carer and any child this wish the register to partake in any Class or event associated with the Company to which these Terms and Conditions apply.
“Company” Nu Moves Dance Studios Limited a company incorporated in Scotland under Registered Number SC532009 and having its Registered Office at Units 2, 3 & 10 St Andrews Way Deans, Livingston, West Lothian, EH54 8GZ.
“Membership Fee” means the amount payable by the Client to the Company in terms of consideration for the services offered herein regardless of non-attendance.
“Registration Form” means the form produced and varied by the Company from time to time as required to reserve a place in a Class.
1.2 Unless the context otherwise requires, references to the singular herein shall include the plural.
1.3 The headings contained within these Terms and Conditions are for convenience only and do not affect their interpretation.
2. Agreement & Term
2.1 These Terms and Conditions are deemed to be accepted by the Client by virtue of either attendance by the Client at a Class or payment of the Membership Fee, whichever is earlier.
2.2 These Terms and Conditions constitute the entire contract between the Company and the Client and shall prevail over any and all other agreements, written or oral, unless an agreed variation is duly executed in writing by a statutory director of the Company.
2.3 The Client acknowledges that they have not relied upon any warranty or technical statement previously provided or communicated by the Company in entering the Terms and Conditions herein.
2.4 Subject to the cancellation and termination provisions contained herein, the Term of membership (excluding the weekly options below) shall be twelve (12) months which shall automatically renew for further twelve (12) month periods thereafter.
3. Membership Fees
3.1 The Company shall provide access to Classes dependent upon the membership and subsequent Membership Fees selected by the Client. The Company reserves the right to increase the Membership Fee at any time.
3.2 The Company shall provide, and the Client agrees to pay for the Classes based upon the following fee structure until such time as notice is provided in accordance with clause 5 hereof:
Membership Option (Per Participant)
Two (2) week Trial £6.50
One (1) Class (weekly) £24.00 per month (siblings 10% discount)
Two (2) Classes (weekly) £45.00 per month (siblings 10% discount)
Membership(Unlimited Classes) £54.00 per month
Joint Siblings Membership (Unlimited Classes) £85.00 per month
Triple Siblings Membership (Unlimited Classes) £120.00 per month
3.3 Payment of the Membership Fee (or first week/ month of subscription depending upon the selected Member Option must be made in full following the completion of a Registration Form and prior to a place being reserved within a Class. All payments must be received by standing order in clear funds by the Company prior to the 5th of every month.
4. Data Protection
5. Cancellation by the Client
The Company agrees to permit the Client to cancel/ terminate their membership with the Company upon the expiry of thirty (30) clear days’ notice in writing during the Term. For the avoidance of doubt, any such notice in writing must be received through the post to our registered address or via email to [email protected]. In the event of cancellation in full by the Client in accordance with the terms herein, the Company shall terminate the membership at the end of the notice period and reimburse any prepaid amount on a pro rata basis for the period beyond the termination date. The Client must ensure payment is made in full for all of the thirty (30) clear days’ notice period.
The Client agrees that the above provisions concerning cancellation and payment in full during the thirty (30) clear days’ notice period represents a reasonable pre estimate of damages and in no way constitute any form of penalty.
6. Cancellation by the Company
The Company shall be entitled at its sole discretion and without liability or notice to cancel any Class and/ or terminate any Client’s membership. Should the Company choose to terminate any Client’s membership the Company agrees to refund, on a pro rata basis, any prepaid Membership Fee covering the period beyond the date of termination.
7.1 The Company shall not be liable under any circumstances for any loss (including loss of profits), expense, damage, delay, costs or compensation which may be suffered or incurred by the Client arising either directly or indirectly from or in any way connected to the Company. Nothing in this Agreement shall restrict the liability of either party for death or personal injury sustained by the other or the Company’s employees. The Client agrees to fully indemnify the Company, including legal fees, for any claim made against the Company as a result of any action or omission by the Client during any Class or concerning their membership with the Company, including but not limited to a breach of the Participants, Parents, Guardians and Carers Code of Conduct. It shall be the sole responsibility of the Client to make the Company’s instructors aware of any injury or illness currently or recently being suffered by the Client or of any specific needs of the Client.
7.2 The Company shall not be held liable for any failure to perform or cancellation due to a cause out with the Company’s reasonable control.
7.3 Failure or delay by the Company in enforcing or partially enforcing any or the terms of this Agreement shall not be construed as a waiver of any rights under this Agreement.
8. Code of Conduct
The Client agrees to adhere to and be bound by the Company’s Code of Conduct for Participants, Parents, Carers and Guardians.
9. Sever ability
If any provision of this Agreement shall be declared invalid, unenforceable or illegal by the courts of any jurisdiction to which it is subject, such provision may be severed and such invalidity, unenforceability or illegality shall not prejudice or affect the validity, enforceability and legality of the remaining provisions of this Agreement.
9. Choice of Law and Choice of Jurisdiction
These Terms of Business shall be governed by Scots Law and are subject to the exclusive jurisdiction of the Scottish Courts.
Nu Moves Dance Studio Limited (“Nu Moves”) is committed to protecting and respecting your privacy.
Nu Moves understands that your personal data is entrusted to us and appreciates the importance of protecting and respecting your privacy. To this end we comply fully with the data protection law in force in the UK (“Data Protection Laws”) including the General Data Protection Regulations (“GDPR”).
For the purpose of Data Protection Laws, the data controller is Nu Moves Dance Studios Limited, with registered address at: Units 2B St Andrews Way, Deans Business Units, Deans, Livingston, EH54 8GZ and Company number SC532009.
When we refer to ‘we’, ‘us’ and ‘our’, we mean Nu Moves.
What personal data may we collect from you?
When we refer to personal data in this policy, we mean information that can or has the potential to identify you as an individual.
Accordingly, we may hold and use personal data about you as a customer or in any other capacity, for example, when you visit our website, access our social media sites, complete a form, access our services or speak to us. Depending on your circumstances this may include sensitive personal data such as information relating to your health.
Personal data we collect from you may include the following: •
information that you give us when you enquire or become a customer of us or apply for a job with us including name, address, contact details (including email address and phone number);
• the name and contact details (including phone number) of your emergency contact;
• details of correspondence we may have had with you;
• information obtained from customer surveys, promotions and competitions that You have entered or taken part in;
• recordings of cctv;
• information about complaints and incidents
• information you give us when you make a payment to us, such as financial or credit card information
When do we collect personal data about you?
We may collect personal data about you if you:
• visit our website or social media sites
• enquire about any of our services
• register to be a customer with us or book to receive any of our services or products
• fill in a form or survey for us
• carry out a transaction on our website
• participate in a competition or promotion or other marketing activity
• make online payments
• contact us, for example by email, telephone or social media
• participate in interactive features on any of our websites.
How do we use your personal data?
Sensitive personal data related to you or your child’s health will only be disclosed to those involved with the instruction of your classes. Further details on how we use health related personal data are given below. We will only use your sensitive personal data for the purposes for which you have given us your explicit consent to use it. Please note that, although we have set out the purposes for which we may use your personal data below, we will not use your sensitive personal data for those purposes unless you have given us your explicit consent to do so.
We may use your personal data to:
• enable us to carry out our obligations to you arising from any contract entered into between you and us including relating to the provision by us of services or products to you and related matter such as, billing, accounting and audit, credit or other payment card verification and anti-fraud screening
• provide you with information, products or services that you request from us
• provide you with information about products or services we offer that we feel may interest you. Unless you have consented to receive marketing communications by electronic means from us, by ticking the relevant box on the form on which we collect your data, we will only contact you by electronic means (e-mail or SMS) with information about products and services similar to those which you previously purchased or enquired about from us
• allow you to participate in interactive online features of our services, when you choose to do so
• notify you about changes to our products or services
• respond to requests where we have a legal or regulatory obligation to do so
• to ensure that content from any of our websites is presented in the most effective manner for you and for your computer.
The security of your personal data:
We protect all personal data we hold about you by ensuring that we have appropriate organisational and technical security measures in place to prevent unauthorised access or unlawful processing of personal data and to prevent personal data being lost, destroyed or damaged.
Any personal data you provide will be held for as long as is necessary having regard to the purpose for which it was collected and in accordance with all applicable UK laws.
All information you provide to us is stored securely. Any payment transactions on our website will be processed securely by third party payment processors.
The transmission of information via the internet cannot be guaranteed as completely secure. Once we have received your information, we will use strict procedures and security features for prevention of unauthorised access.
At your request, we may occasionally transfer personal information to you via email, or you may choose to transfer information to us via email. Email is not a secure method of information transmission; if you choose to send or receive such information via email, you do so at your own risk.
Disclosure of your personal data:
In the usual course of our business we may disclose your personal data (to the extent necessary) to certain third party organisations that we use to support the delivery of our services. This may include the following:
• business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;
• organisations providing IT systems support and hosting in relation to the IT systems on which your information is stored;
• third party debt collectors for the purposes of debt collection;
• delivery companies for the purposes of transportation;
• third party service providers for the purposes of storage of information and confidential destruction, third party marketing companies for the purpose of sending marketing emails, subject to obtaining appropriate consent.
Where a third party data processor is used, we ensure that they operate under contractual restrictions with regard to confidentiality and security, in addition to their obligations under Data Protection Laws.
We may also disclose your personal data to third parties in the event that we sell or buy any business or assets or where we are required by law to do so.
In an emergency and if you are incapacitated, we may also process your personal data (including sensitive personal data) or make personal data available to third parties on the basis of protecting your ‘vital interest’ (i.e. your life or your health).
What do we do with any non-personal information collected when accessing the website?
We may also use other companies to set cookies on our websites and gather cookie information for us – please refer to the information detailed below.
By law, website operators are required to ask for a website user’s permission when placing certain kinds of cookie on their devices for the first time.
Where consent is required, the law states that it should be “informed consent”, which means we must ensure that you understand what cookies are and why we want to use them.
We are committed to providing the best digital service to you we can whilst at the same time fully protecting your privacy.
What are Cookies?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user’s device.
Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving your user experience.
They can also help to ensure that adverts you see online are more relevant to you and your interests.
You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential Category 1 Cookies) you may not be able to access all or parts of our website.
You have the right to ask us not to process your information in this way at any time. If you no longer wish to receive web based marketing information you can unsubscribe by emailing [email protected] We would ask you to give us a reasonable amount of notice, to give us time to update our systems.
CCTV, Film & Photography
Many of our premises are surveyed by CCTV for the purposes of security. Images and videos may be retained for a limited period. In addition, with your consent, we may take photographs and videos of our participants enjoying our classes and/ or production events.
Accessing and updating your information
The law gives you certain rights in respect of the personal data that we hold about you. In addition to your right to stop marketing, detailed above, below is a short overview of the most commonly-used rights. It is not an exhaustive statement of the law.
• With some exceptions designed to protect the rights of others, and subject to payment of a small administrative fee (currently £10), you have the right to a copy of the personal data that we hold about you
• You have the right to have the personal data we hold about you corrected if it is factually inaccurate. If any of your personal data has changed, especially contact information such as: email address, postal address and phone number please get in touch with us.
• If you want to exercise your rights in respect of your personal data, the best way to do so is to contact us by email on [email protected], or to write to us for the attention of the data protection officer at the address below. In order to protect your privacy, we may ask you to prove your identity before we take any steps in response to such a request.
Data Protection Officer, Nu Moves Dance Studios Limited, 2B St Andrews Way, Deans Business Units, Deans, Livingston, EH54 8QH.
If you are not satisfied with how we handle your request, you can contact the Scottish Information Commissioner’s Office.