CUSTOMER TERMS OF USE
You agree to be bound by these Terms of Use (these “terms”) of www.onyxdance.co.uk (the “Site”), owned and operated by ONYX Ltd., a British company (“we” or “us”) any time you use or access the Site, and any of our other products or services located on the Site, herein referred to as the “Services”. You use of the Services is subject to your acceptance and compliance with these Terms. If you do not agree to these Terms, do not use the Services. Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.
Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time, including policies and terms applicable to Subscriptions. We reserve the right at any time and without notice to change these Terms. If you have questions regarding these Terms, please contact us.
1. SERVICES & REGISTRATION
1.1 Services. The services we offer primarily consist of dance training products and services in which dancers (“Customers”) can sign up or purchase the products and/or services.
1.2 Registration. You will be asked to register for an ONYX ID with us before using the Services, apart from registration for single classes. When you register, you agree to (i) provide accurate, current and complete information about yourself as prompted by our registration form and (ii) maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, you will have materially breached these Terms, and we reserve the right to terminate this Agreement and your use of the Services. As part of the registration process, you may be asked to provide your name and e-mail (collectively referred to as “Personal Data”). You will be responsible for the confidentiality and use of your Personal Data and agree not to transfer or resell your use of or access to the Services to any third party. If you have reason to believe that your registration is no longer secure, you must immediately notify us of the problem. You are entirely responsible for maintaining the confidentiality of your ONYX ID and for any and all activities conducted through your ONYX ID.
If you open or operate an ONYX ID on behalf of an entity, you represent and warrant that you are an authorized representative of such entity and that you have authority to bind such entity to these Terms.
1.3 Our Rights. We may suspend, terminate, or modify your access to the services at any time and with any reason or no reason, with or without notice, without any liability to you whatsoever. You acknowledge and agree that we are not required to provide you notice before suspending or terminating your access to the Services.
1.4 Your Rights. You have the right to cancel your Services, if applicable, at any time. You understand and agree that, except as expressly provided by law and otherwise herein, the cancellation of your Services and the cessation of your use of the Services is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to or arising out of (i) this Agreement or our enforcement or application thereof or (ii) your ability to access and/or use the Services.
2. STUDIO HIRE
At ONYX we do our best to provide quality Services for studio hire, space and accommodation for you and all your rehearsal or event needs. We are selective of which rehearsals and events we host in order to provide the best accommodations possible. By engaging our Services for studio hire you agree to the following:
2.1 You are invited, by confirmed appointment, to come and view the space before confirming your booking to ensure our facilities fit the requirements for all your personal and specific needs. In hiring the studio space, you accept responsibility and understanding of all our Services offered relating to your purposes. We are not responsible for losses, damages, or any other remuneration otherwise or whatsoever for Services you engage which ultimately may not suit your purposes for hiring studio space.
2.2 Payment must be received in full before being permitted to use the studio at the time(s) you have booked, and must be completed according to instructions in our email response to your booking enquiry. We may agree to pencil hold studios for you at our discretion. However rare and unlikely, we reserve the right at any time to release bookings and refund payments in order to accommodate any untimely renovations or other necessary servicing of the spaces, which may be required to uphold professional as well as health and safety standards.
2.3 Unless otherwise stated, cancellations made in writing less than 14 days in advance of the booking will result in a charge of the full booking amount. Otherwise, an administration fee of 10% will be charged to move the booking to another date and time, subject to availability, and the difference in rates will apply to move bookings to a different studio in the complex.
2.4 As we are a service-based business, where our studios would be made available to other clients, any cancellations made in writing after 24 hours and anytime up to 14 days in advance of the booking will result in a charge of 50% of the full booking amount.
2.5 No refunds will be granted relating to client dissatisfaction related to our accommodation, space, and/or Services offered. In lieu of a necessary cancellation we may, at our discretion, waive the above administration fee (Section 2.3) and offer to move your booking to a different day subject to availability. Where possible, we will notify you and work first to provide you with another suitable space.
2.6 Any damages to the studio claimed against the client by ONYX will be the responsibility of the client for immediate repayment upon recording by studio staff and notice. If refusal to pay damages would subject the client to legal action against them, those legal costs will also be the client's responsibility. We pursue all just and fair legal claims in the interest of encouraging our community to treat our spaces with integrity.
2.7 We aim to provide all Services to our clients in pursuit of a mutually respectful relationship. We reserve the right to refuse any of our Services and enforce any and all parts of our policies herein at any time.
3. CLASSES & TRAINING
We endeavour to provide the most accurate information for our classes and offerings across all of our platforms. From time to time, teachers unable to teach their classes will substitute their classes with a trusted member of the community we have approved. This will not affect your subscription or our policies concerning your purchase of our products or services herein.
We do not process refunds for inability to attend subscriptions purchased and we will honour the validity period and quantity of the Services purchased. All use of credit or subscriptions are considered final sale. Expired memberships cannot be recovered.
The following further applies to class cards and memberships:
  • Single class purchases are valid on the day.
  • Regular 10, 15, 20, and unlimited class cards are valid for regular classes only, which excludes training programs.
  • ONYX classes and training programs are not transferable.
  • Classes are filled on a first come first serve basis, and we reserve the right to cap class admissions for public safety.
  • To regulate traffic throughout our complex, sign-ins for class may be restricted to 15 minutes before class start time.
5. CUSTOMER CONDUCT
6.1 User Content. The Services are provided for your own use. You are responsible for all of your activity in connection with the Services. The Services may include interactive areas in which you may post public content and information, in whatever form, referred to herein as “User Content”). You are solely responsible for, the User Content you post to the Services. You are also solely responsible for your use of such interactive features and use them at your own risk. We reserve the right to remove or modify User Content for any reason in our sole discretion. You represent and warrant that no User Content is false, misleading, untruthful, or inaccurate and that the User content you post does not infringe any patent, trademark, copyright, trade secret, right of publicity, or any other right of any other person or entity.
When you post User Content about us or the Services, you give us and our affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, creative derivative works from, distribute, perform and display such User Content throughout the world in any media. To the extent such content is attached to a user profile on the Services, the foregoing license includes a right to reproduce your profile, and any name, likeness or photograph contained in such profile.
If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
6.2 Your Conduct. All User Content should be free of violent, threatening, vulgar, discriminatory, harassing, illegal, or sexually objectionable content (“Impermissible Content”). You acknowledge and agree not to post any Impermissible Content, not to use the Services for or to further any illegal activity, and to otherwise comply with any policies related to User Content we may implement from time to time. You also acknowledge and agree that nothing in this paragraph limits our rights under Section 1.3 of these Terms.
6. GENERAL TERMS
7.1 Termination. This Agreement shall continue until you cease using the Services, and close your Account in accordance with our standard procedures or until sooner terminated according to these Terms. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation to ownership provisions, warranty disclaimers, indemnity and limitations of liability.
7.2 Indemnification. You agree to indemnify and hold harmless us, our affiliates and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including attorney’s fees that may or not result in injury, death, or harm whatsoever (collectively, “Claim(s)”), that actually or allegedly result from your information, use of or participation in the Services, or your breach of this Agreement. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that iposes any obligation or liability on any Indemnitee without our prior express written consent.
7.3 Electronic Notices and Disclosures. You agree that we are able to provide you notices electronically to you through your Personal Data or other electronic means for all required notices, disclosures, authorizations, acknowledgments, and other documents that are required to be provided or made available to you during the course of our relationship. You can receive all the disclosures and notices electronically.
We may give you notices by posting on the Site or by sending them to your Personal Data or to the email address on file for you. It is your responsibility to ensure that your email address and other contact information is updated, current, and correct.
7.4 Warranty Disclaimer. You expressly agree that the services are available on an "as is" basis. Without warranty of any kind, express or implied, and that your use thereof is at your own risk. Without limiting the generality of the above, we disclaim to the maximum extent permitted by law and all warranties, express or implied, including, without limitation, any (i) warranties of merchantability or fitness for particular purposes, (ii) warranties against infringement of any third party intellectual property or proprietary rights, (iii) warranties relating to delays, interruptions, errors, or omissions in the services, or any part thereof, (iv) warranties relating to the transmission or delivery of services, (v) warranties relating to the accuracy or correctness of data, and any other warranties otherwise relating to the performance, nonperformance, or other acts or omissions by us. Further, and without limiting the generality of any of the above,, there is no warranty that the services will meet your requirements or the needs or requirements of any other person. In addition, you acknowledge and agree that our warranty does not cover anything or otherwise outside of our control. The services may be limited by many factors, in which we do not provide any warranty against whatsoever.
7.5 Limitation of Liability. In no event shall we, our divisions, subsidiaries, employees, shareholders, members, managers, owners, and agents be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages or losses of any kind, or any damages or losses whatsoever, whether or not foreseeable or if we have been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with: (i) the access, consumption or use of of the inability to access or use any part of the services; (ii) any information that is sent or received or not sent or received; (iii) any services available that are delayed or interrupted, (iv) Any website referenced or linked to from the services; (v) Your access to or use of or inability to access or use any linked site; (vi) your reliance upon any material, product, service, or any content or other information available on the services; or (VII) the loss or corruption of data or information.
To the extent permitted by law, our total liability for any claim arising out of or relating in any manner to your use of the services is limited to the greater of £100 and the subscription fees collected paid by you during the one month period immediately preceding the date on which the claim rose.
Because we are not responsible for services rendered by teachers, if a dispute arises between a customer and teacher with respect to services rendered (other than regarding the delivery of such services rendered), then you release us (and our affiliates, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby expressly waive any rights you may have in connection to such claims, demands, and damages, under any statutes or common law principles of similar effect. You acknowledge and agree this waiver is an essential and material term of this agreement, and that without such waiver, we would have not entered into this agreement.
7.6 Intellectual Property. The Services are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant you any express or implied right to use the Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sub-license or reverse engineer any of the Services. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights.
7.7 Governing Law. This Agreement shall be governed by the laws of England without giving effect to conflicts of law principles. Any claim against us arising from the Agreement shall be adjudicated on an individual basis, and shall not be consolidated in any proceeding with any claim or controversy of any other party. Any action relating to this Agreement must be brought in the courts located in England, and you irrevocably consent to the jurisdiction of such courts.
7.8 Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision. You shall not assign or transfer this Agreement or any right or obligation hereunder to any third party. This Agreement, together with any other documents or agreements referred to herein, sets forth the entire Agreement between you and us.