Dancing with A Difference™ agree to provide you under license the Business in a box (either Bronze / Silver / Gold) allowing you to teach Dancing with A Difference™ As we want to give our customers the best possible service It is important that you read and understand the following, as Our Terms and Conditions are deemed to have been accepted by you when you place an order with us.
1. What you get for your initial license fee
When you pay the initial Business-in-a-Box purchase price, you will be provided with all you need to start teaching Dancing with A Difference™. This will also include your first year’s license fee.
Our dispatch of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
2. Business in a Box (Including Licence Fee)
You agree to pay to us £250.00 for the Bronze Business in a Box, £400.00 for the Silver Business in a Box and £500.00 for the Gold Business in a Box and all the rights granted in paragraph 4 for the term covered in paragraph 3. We will provide the Business in a Box only when all monies due are received, or if payment is received in the form of a cheque, when the cleared funds are in our bank account. (All cheques to be made payable to: Dancing with A Difference Ltd).
3. Term and Renewal
The duration of the license period is 1 (one) year:
The teaching of Dancing with A Difference without a valid licence is a criminal offence; 30 days before your renewal date, we will contact you to see if you wish to renew your licence.
This fee allows you to continue teaching Dancing with A Difference for a further year. Payment for the renewal is just £100.00 per year.
4. Rights granted
Using the materials provided in your Business in a box, you will, for the duration of your term, be licensed to organise and deliver Dancing with A Difference™ sessions and will be permitted to use the relevant Trade Marks to advertise and publicise such sessions, and licenced free music. For the duration of the licensed term we will list yourself (or your establishment) on our website (www.dancingwithadifference.com) as a provider of Dancing with A Difference™ sessions, we will also where such exists, provide a reciprocal link between our website and a website of your choosing so long as the chosen website will not cause detriment to Dancing with A Difference™. As a license holder you will have regular updates of our new programmes/accessories available.
5. Your Obligations
You agree to put in place all necessary insurance and it will be your responsibility to be Enhanced DBS checked before you start to practice Dancing with A Difference™ in the public domain. You agree to only use the contents of your Business in a Box, or any accessories purchased from the official Dancing with A Difference™ website (www.dancingwithadifference.com) for structuring, publicising and delivering your Dancing with A Difference™ sessions. You agree to structure all sessions associated with the Trade Marks in any way in accordance with the printed matter supplied in your Business in a Box. You cannot share the contents of the Business in a Box with any third party; you must not copy it in its entirety or any part thereof for dissemination by any unlicensed third party. You must not re-sell any part of the Business in a Box.
The license granted can only be operated by yourself as the named license operator (or a named organisation at a site specified at time of purchase) and therefore the license cannot be sub-contracted.
You must not hold yourself as having obtained any qualification, be they dance orientated or in the field of Early Years Foundation Stage or Key Stage 1 other than having purchased a license to teach Dancing with A Difference™ sessions. The materials supplied with the Business in a Box and any additional materials purchased from our official website (www.dancingwithadifference.com) to Dancing with A Difference™ license holders may be used for structuring, publicising and delivering your Dancing with A Difference™ sessions only and are not for resale. All such material is subject to Copyright protection. All use of copyright material must cease immediately upon expiry of your license. Use of any material while not licensed with Dancing with A Difference™ is an infringement of our intellectual property rights and as such we reserve the right to take all necessary legal action and remedies. Any misuse of the Business in a Box, of our Intellectual Property rights, or deception of the public in contravention of the above statements will result in the termination of the rights granted to you in accordance with paragraphs 4 and 6
6. Use of Trade Marks
You can only use the Trade Marks exactly as spelt and displayed on our website (www.dancingwithadifference.com) and in the Business in a Box and you agree to comply with any further instructions issued by us on the way(s) in which the trade Mark can be used. You must not use the Trade Mark to mislead the public or use the Trade Mark to any detriment to Dancing with A Difference™. If we think you are doing this, we reserve the right to terminate your license. You agree to include the statement “Dancing with A Difference™ is the registered Trade Mark of Linda Smith & Charlotte Kelly on all written material making use of our Trade Mark. All Dancing with A Difference™ programmes and original music are the copyright of Linda Smith & Charlotte Kelly All rights reserved.
All rights granted to you under these terms and conditions will automatically cease at termination of the license. We may also terminate the rights granted to you at any time if you do not comply with these terms and conditions. Should the rights granted you be terminated for whatever reason, your name will be removed from the website along with any reciprocal links, and you will no longer be licensed to teach Dancing with A Difference™, and therefore must stop immediately all use of all Trade Marks, materials and programmes supplied.
Unless caused by our negligence or default, you will agree to reimburse us for any loss, cost or expense that we incur as a result of your actions. Our total liability in whatever respect will not exceed the contract price paid by you. Classes must be taught following the guidance notes contained within the Business in a Box. If not you will be responsible for any resulting consequences. If you are dealing with us as a consumer, you statuary rights are not affected.
9. Data Protection
You agree to process all personal data that you might collect in the course of teaching Dancing with A Difference™ in accordance with the Data Protection Act 1998 (“The Act”) or any revision of the same and any other applicable legislation. You also agree to assist in any obligation imposed on us by the act that relate to any personal data held by you. You must contact us to obtain our written consent before you release any written information to the Business in a Box or Trade Marks under the Act. We in turn agree to process all personal data that we might collect on you in accordance with the provision of the Act and any other applicable legislation. You agree that we can store personal details provided by you on our website to indicate that you are a current license holder of Dancing with A Difference™.
10. Governing Law and Jurisdiction
These terms and conditions shall be construed in accordance with English law. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions. You agree to submit to such jurisdiction as do we.
11. Exclusion of Third Party Rights
It is not intended, either by you or by us, that any of these terms and Conditions will be enforceable under the contracts (Rights of Third Parties) Act 1999 by any other persons.