Groovin Terms & Conditions

Welcome to Groovin

What parts of these terms apply to me?

This agreement governs your use of Groovin (Platform) and any other services made available through the Platform. By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Cultura Labs Ltd (Company Number 17159433) being a company incorporated in England and Wales with registered office address at 66 Paul Street, London, England, EC2A 4NA (Cultura, the Company, we or us).

The remainder of this agreement is divided into three parts:

Part A (All Users), which sets out terms that apply to all Users;
Part B (Organisers), which sets out additional terms that apply to Organisers, being an independent third-party provider (including any dance school, instructor, studio, company, sole trader or other organisation or person) that uses the Platform to list, offer, manage or deliver classes, workshops, events or related services, and which is solely responsible for those services, including their content, delivery, quality, legality and safety; and
Part C (Customers), which sets out additional terms that apply to Customers, being any individual who uses the Platform to search for, book, purchase or otherwise engage with classes, workshops, events or related services offered by an Organiser through the Platform.

If you intend to use the Platform as an Organiser, only Part A and Part B of these terms will apply to you.

If you intend to use the Platform as a Customer, only Part A and Part C of these terms will apply to you.

When we talk about the "Services" in this agreement, we are referring to the provision and operation of a digital marketplace platform through which Organisers may create, publish, manage and promote Event Listings, and through which Customers may browse, book and pay for those Event Listings. The Services also include related account functionality, booking administration, payment facilitation, communications and other associated services made available by us through our website, mobile applications and any associated interfaces we operate.

For the avoidance of doubt, the Company provides technology, marketplace, booking facilitation and payment facilitation services only. The Company does not itself organise, host, supervise or deliver any classes, workshops, events or other services advertised or made available by Organisers through the Platform. Payments for Bookings are made by Customers directly to the relevant Organiser through our payment partner, Stripe. The Organiser is the merchant of record and seller for every Booking, and the Company does not receive, hold or control Customer payments (see Part A clause 7).

If you access or download our mobile application from the Apple App Store or Google Play Store, you agree to Apple's Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service or the Android, Google Inc. Terms and Conditions including the License Agreement and Terms of Application.

Definitions

Other definitions used in these terms and conditions are as follows:

"Booking": means a booking made by a Customer through the Platform for an Event Listing.
"Event Listing": means a class, workshop, event or other activity listed by an Organiser on the Platform.
"Event Price": means the price set by the Organiser for a Booking, excluding any Platform Service Fee and any applicable taxes unless expressly stated otherwise.
"Platform Service Fee": means the fee charged by the Company to the Customer in connection with a Booking, shown to the Customer at checkout as the "processing fee". It may comprise a percentage of the Event Price and/or a fixed amount, may be subject to a minimum or maximum, and is displayed to the Customer at checkout before the Booking is confirmed.
"Commission": means the fees charged by the Company to the Organiser in connection with a Booking, which may comprise a percentage of the Event Price and a fixed amount per transaction, at the rates shown to the Organiser on the Platform or otherwise agreed with the Organiser in writing in accordance with these Terms.
"Stripe": means Stripe Payments UK, Limited and its affiliates, the third-party payment services provider through which payments made on the Platform are processed.
"Organiser Stripe Account": means the Stripe account that an Organiser opens and holds under its own agreement with Stripe, and connects to the Platform, in order to receive payments for its Event Listings.
"Stripe Fees": means the payment processing, dispute and other fees charged by Stripe in connection with a payment, refund, dispute or payout.

Part A - All Users

1. Eligibility

You must be at least 18 years old to create an Account or to use the Platform, and you must not have previously been suspended or prohibited from using the Platform. By using the Platform, you represent and warrant that:

you are at least 18 years old; and
if you make a Booking for a person under the age of 18 (where the relevant Event Listing permits this), you are that person's parent or legal guardian, you consent to their participation, and you are responsible for their attendance and conduct.

Please do not access the Platform if you are under the age of 18, or if you have previously been suspended or prohibited from using the Platform.

2. Accounts

In order to use most of the functionality of the Platform, all Users are required to sign-up, register and receive an account through the Platform (an Account).
As part of the Account registration process and as part of your continued use of the Platform, you are required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, and other information as determined by the Company from time to time.
You warrant that any information you give to the Company in the course of completing the Account registration process will always be accurate, honest, correct and up to date.
You may register for or sign in to an Account using your Apple, Google or other third-party account where we offer this (Third-Party Account). If you do so, you authorise us to receive certain information from that Third-Party Account, such as your name and email address, and you authorise us to use it to create and operate your Account.
You must not use the Platform to avoid, bypass or undermine the Platform's booking, payment or communication processes. In particular, you must not use your Account, profile, Event Listings, messages or any other part of the Platform to advertise or share contact details, links or other information for the purpose of encouraging another User to complete a booking, payment or other transaction outside the Platform.
Once you complete the Account registration process, the Company may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
The Company reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
The Company may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.

3. User obligations

As a User, you agree:

not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify the Company of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
to not use the Platform for any purpose other than for the purpose of making arrangements to provide or receive services, including by not using the Platform:
1. in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity (including requesting or accepting a job which includes illegal activities or purposes); and
2. in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by the Company;
not to act in any way that may harm the reputation of the Company or associated or interested parties or do anything at all contrary to the interests of the Company or the Platform;
not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of the Company;
that the Company may change any features of the Platform or Services offered through the Platform at any time without notice to you, and may require you to install an updated version of the mobile application in order to continue using the Platform;
that information given to you through the Platform, by the Company or another User including an Organiser, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information; and
that the Company may cancel your account at any time if it considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3.

4. Posted materials

Warranties

By providing or posting any information, materials or other content on the Platform (Posted Material), you represent and warrant that:

you are authorised to provide the Posted Material (including by being authorised to provide any services that you represent you provide);
the Posted Material is accurate and true at the time it is provided;
any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
the Posted Material is free from any harmful, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
the Posted Material does not infringe any Intellectual Property Rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world;
the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
the Posted Material does not breach or infringe any applicable laws.

Licence

You grant to the Company a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in any Posted Material in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Material.
If it is determined that you retain moral rights (including rights of attribution or integrity) in any Posted Material, you forever release the Company from any and all claims that you could assert against the Company by virtue of any such moral rights.
You indemnify the Company against all damages, losses, costs and expenses incurred by the Company arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.

Removal

The Company acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, the Company may, in its absolute discretion, review and remove any Posted Material (including links to you, your profile or listings you have posted on the Platform) at any time without giving any explanation or justification for removing the Posted Material.
The Company uses automated tools to screen images and text submitted to the Platform for unsafe, offensive or otherwise inappropriate content, and such content may be rejected or removed automatically. If you believe Posted Material has been wrongly rejected or removed, you may contact us and a member of our team will review it.
You agree that you are responsible for keeping and maintaining records of Posted Material.

5. Refunds, service interruptions and cancellations

Where a refund is due to a Customer under these Terms or applicable law, it is paid by the relevant Organiser from the Organiser Stripe Account to the Customer's original payment method, as described in clause 7. The Company provides the tools through which refunds are initiated and may, but is not obliged to, facilitate rebookings, rescheduling requests or other support where a Booking is cancelled, disrupted or cannot be completed. The Company does not pay refunds from its own funds and is not liable for any refund owed by an Organiser.
The Company is not responsible for the delivery, quality, safety, legality or performance of any class, workshop, event or other service provided by an Organiser, and any refund or remedy relating to those matters will be governed by these Terms, the relevant Organiser's applicable terms or policies, and applicable law.
Nothing in this clause limits any refund rights expressly set out in these Terms or any rights a User may have under applicable law.
Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

6. Identity verification

(Verification) We may offer or require Users to verify their details (including email address) using our processes or an external identity verification service as applicable (Verification Service).
(Your personal information and privacy) We will collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
1. we may contact and share your personal information with a Verification Service to verify your details;
2. you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(Fees) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(Warranty and Indemnity) You acknowledge and agree that:
1. we are reliant on the information provided by the Verification Service to verify your identity and to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
2. you should make your own inquiries as to other Users' identities before engaging in contracts with those Users; and
3. we do not endorse any User, Event Listing or Verification Service.

7. Payments, Stripe and merchant of record

(Stripe) Payments made through the Platform are processed by Stripe. Each Organiser holds an Organiser Stripe Account under its own agreement with Stripe (including the Stripe Connected Account Agreement and the Stripe Services Agreement, as updated by Stripe from time to time). By using the Platform to make or receive payments, you agree to comply with the terms, conditions and privacy policies of Stripe that apply to you.
(Payment goes directly to the Organiser) When a Customer pays for a Booking, payment of the Event Price, together with the Platform Service Fee and any taxes or charges disclosed at checkout, is made directly to the Organiser Stripe Account of the relevant Organiser. The Organiser is the merchant of record and the seller for that transaction, and the Organiser's name will appear on the Customer's card or bank statement.
(The Company's role) The Company is not the merchant of record, seller, payment service provider, money transmitter, escrow agent or trustee for any transaction between a Customer and an Organiser. The Company does not receive, hold, control or transmit Customer funds. The Company's only involvement in the flow of funds is that Stripe collects the Commission and the Platform Service Fee on the Company's behalf from each payment at the time it is made, and any amount an Organiser owes the Company under Part B clause 4.7 from later payments made to that Organiser, under the authorisation the Organiser gives in Part B.
(Financial responsibility) All financial rights and obligations arising from a transaction, including refunds, disputes, chargebacks, reversals, Stripe Fees, reserves, holds, negative balances and the timing and availability of payouts, are matters between the Customer, the Organiser and Stripe. The Company is not a party to, and is not an actor in, any financial contract or transaction between those persons and, to the maximum extent permitted by law, is not liable for any loss arising from them.
(Payouts) Stripe pays funds held in an Organiser Stripe Account to the Organiser's nominated bank account in accordance with Stripe's payout schedule and policies and the Organiser's agreement with Stripe. The Company does not control, and does not guarantee, the timing or availability of any payout. Any hold, reserve, restriction, verification requirement or delay applied to an Organiser's funds is applied by Stripe under its agreement with the Organiser.
(Refunds) Refunds are paid from the Organiser Stripe Account to the Customer's original payment method. The Platform provides the tools through which a refund is initiated, whether by the Organiser or, where these Terms provide for it, automatically or by the Company. The time taken for a refund to reach a Customer depends on Stripe and the Customer's bank or card issuer, and is subject to Stripe's refund and payout policies.
(Corrections) We may correct, or instruct Stripe to correct, any processing error, pricing error, overpayment or underpayment.
(Stripe outages) To the maximum extent permitted by law, the Company is not responsible for outages, errors, delays or security incidents caused by Stripe or another third-party payment processor, but nothing in this clause excludes any liability that cannot lawfully be excluded.

8. Service limitations

The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that the Company cannot and does not represent, warrant or guarantee that:

the Platform will be free from errors or defects;
the Platform will be accessible at all times;
messages sent through the Platform will be delivered promptly, or delivered at all;
information you receive or supply through the Platform will be secure or confidential; or
any information provided through the Platform is accurate or true.

9. Intellectual property

The Company retains ownership of all materials developed or provided (or both, as the case may be) in connection with the Services (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Service Content) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
You may access and view the Service Content on the Platform, and may make a temporary electronic copy only to the extent technically necessary for that purpose. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Service Content without prior written consent from the Company or as permitted by law.
In this clause 9, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in England and Wales and throughout the world.

10. Third party content

The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform (Third Party Content). The Company accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.

11. Third party terms

Certain services or functionality made available through the Platform may involve third-party providers, including payment processors, app stores, hosting providers and authentication providers, and your use of those services may also be subject to that third party's terms and conditions (Third Party Terms).
You are responsible for reviewing any applicable Third Party Terms that apply to your use of the Platform or any third-party service integrated with it, including any payment, authentication, hosting, app store or communications service used in connection with the Platform.

12. Disputes between users

You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to the Company via email, in the app or as directed by the Company. We will assess the complaint and attempt to quickly and satisfactorily resolve it.
Any costs you incur in relation to a complaint or dispute will be your responsibility.
The Company may, at its discretion, suggest mediation or another informal dispute resolution process to help resolve a dispute, but neither party is required to use ADR unless both parties agree after the dispute has arisen.
Where a dispute, chargeback or suspected fraud arises in connection with a Booking, the Company may suspend the relevant Event Listing, Booking or Account while the matter is investigated, may provide relevant Booking, attendance and transaction records to the Customer, the Organiser or Stripe, and may ask Stripe to delay payouts from the relevant Organiser Stripe Account. Any hold on funds is applied by Stripe under the Organiser's agreement with Stripe, and the Company is not liable for it.
Nothing in these Terms prevents any User from exercising any legal rights or remedies available to them, including bringing a claim before the courts where appropriate.
Notwithstanding any other provision of this clause 12, you or the Company may at any time cancel your Account or discontinue your use of the Platform.

13. Security

The Company does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.

14. Disclaimer

(Marketplace role) The Company provides and operates the Platform as an intermediary technology marketplace through which Customers may discover, book and pay for Event Listings offered by Organisers. The Company does not itself provide, organise, host, supervise, control or deliver the underlying classes, workshops, events or related services advertised by Organisers through the Platform.
(Organiser-delivered services) Organisers are solely responsible for the content of their Event Listings and for the delivery, quality, legality, safety and performance of the classes, workshops, events and related services they provide.
(Platform liability) To the maximum extent permitted by law, the Company is not liable for any loss arising from:
1. any act or omission of an Organiser or Customer;
2. the delivery, non-delivery, cancellation, postponement, rescheduling or quality of any organiser-delivered class, workshop, event or related service;
3. any content, statements or materials provided by Users; or
4. any outage, interruption or error caused by a third-party provider, except to the extent caused by the Company's own breach of these Terms or negligence.
(Payments) Without limiting clause 7, and to the maximum extent permitted by law, the Company is not liable for any refund, chargeback, dispute, reversal, Stripe Fee, dispute fee, negative balance, reserve, hold, payout delay or other financial loss arising from a transaction between a Customer and an Organiser, or from any act or omission of Stripe.
(Excluded losses) To the maximum extent permitted by law, the Company is not liable for any indirect, consequential or special loss, or for any loss of profit, revenue, business opportunity, goodwill or anticipated savings.
(Non-excludable liability) Nothing in these Terms excludes or limits liability for:
1. death or personal injury caused by negligence;
2. fraud or fraudulent misrepresentation; or
3. any liability or statutory right that cannot lawfully be excluded or limited.
(Indemnity) Organisers indemnify the Company against losses, claims, damages, costs and expenses arising from:
1. any breach by the Organiser of these Terms;
2. any Event Listing, organiser-delivered service or organiser-side cancellation;
3. any allegation that organiser content infringes third-party rights; or
4. the Organiser's breach of law, except to the extent caused by the Company's own breach, negligence or misconduct.

15. Confidentiality

You must not disclose any confidential information of the Company that you obtain through the Platform, except as required by law or with the Company's prior written consent.
You must not misuse any non-public information relating to another User that you receive through the Platform, and must only use such information as reasonably required for the administration, booking or delivery of the relevant Event Listing, or as otherwise permitted by these Terms or applicable law.
Nothing in this clause prevents you from making a complaint, leaving a lawful review, reporting a safeguarding or safety concern, or making any disclosure required by law.

16. Privacy

You agree to be bound by the clauses outlined in the Company's Privacy Policy, which can be accessed here.

17. Collection notice

We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy. Where you allow it through your device settings, this may include your device's location, which we use to suggest classes, socials and events near you. Location access is optional and you can choose an area manually instead.
Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

18. Notice regarding Apple

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

this agreement is between you and the Company and not with Apple. Apple is not responsible for the Services or any content available on the Services;
Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;
in the event of any failure of the Company to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be the Company's responsibility;
Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:
1. product liability claims;
2. any claim that the Services fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation;
in the event of any third party claim that the Services or your use of the Services infringes any third party's intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
that you represent and warrant that:
1. you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
2. you are not listed on any U.S. Government list of prohibited or restricted parties;
you must comply with applicable third party terms of this agreement when using the Services; and
Apple, and Apple's subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary.

19. Termination

The Company may suspend, restrict or terminate a User's access to all or any part of the Platform, or cancel any Account, where it reasonably considers this necessary for legal, regulatory, operational, safety, security, fraud-prevention or reputational reasons, or where the User has breached these Terms. Where reasonably practicable, we will give notice of that action.
In the event that a User's Account is terminated:
1. the User's access to all posting tools on the Platform will be revoked;
2. the User will be unable to view the details of all other Users (including contact details, geographic details, any other personal details and Event Listings or requests); and
3. the User may be unable to view the details of other Organisers (including contact details, geographic details and any other details), and all Event Listings previously posted by the respective User will also be removed from the Platform.
Users may terminate their Account, and any other membership they hold in connection with the Platform, at any time by using the Platform's functionality, where such functionality is available. Where such functionality is not available, the Company will effect such termination within a reasonable time after receiving written notice from the User.
Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part A and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.

20. Tax

Organisers are solely responsible for determining, collecting, reporting and remitting any taxes, duties, levies or similar charges arising in connection with their Event Listings, bookings, payouts or organiser-delivered services, except to the extent the Company is expressly required by law to collect or remit any such amount. As the merchant of record for each Booking, the Organiser is responsible for any VAT or other tax on the Event Price and for issuing any receipt or invoice that the law requires it to give a Customer.

21. Record / audit

We may keep records of Bookings, payments, account activity, communications made through the Platform and other Platform interactions where reasonably necessary for operating the Platform, customer support, fraud prevention, legal compliance, dispute resolution, safeguarding, security and enforcement of these Terms. Our collection, use, storage and disclosure of personal data is governed by our Privacy Policy.

22. Notices

A notice or other communication to a party under this agreement must be:
1. in writing and in English; and
2. delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
1. 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in England and Wales, in which case the notice will be taken to be given on the next occurring business day in England and Wales; or
2. when replied to by the other party,
whichever is earlier.

23. General

Governing law and jurisdiction

This agreement is governed by the law applying in England and Wales. Each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

Third party rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

Waiver

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

Severance

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

Joint and several liability

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

Assignment

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

Costs

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

Entire agreement

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

Changes to these Terms

We may update these Terms from time to time, including to reflect changes in the law, in the Platform or in the way payments are processed. We will publish the updated Terms on the Platform and update the "last updated" date at the top. Where a change is material, we will give you reasonable notice through the Platform or by email before it takes effect, and Organisers will receive the notice of any increase in Commission described in Part B clause 4. Your continued use of the Platform after a change takes effect means you accept the updated Terms; if you do not agree to a change, you must stop using the Platform. Changes do not affect Bookings confirmed before the change takes effect, except where required by law.

Interpretation

(singular and plural) words in the singular includes the plural (and vice versa);
(gender) words indicating a gender includes the corresponding words of any other gender;
(defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(headings) headings and words in bold type are for convenience only and do not affect interpretation;
(includes) the word "includes" and similar words in any form is not a word of limitation; and
(adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

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Part B - Organisers

1. Eligibility, safeguarding and qualifications

You must ensure that any Event Listing you publish, and any services you provide through the Platform, comply with all applicable laws and regulatory requirements.
If, in any Event Listing or elsewhere on your Account, you state or imply that you hold any qualification, accreditation, licence, insurance, training or experience, you warrant that this is accurate and current, and you must promptly provide evidence of it if reasonably requested by the Company.
Where any Event Listing involves, or may reasonably be expected to involve, participation by or direct contact with any person under the age of 18, you must:
1. comply with all applicable laws, regulations and safeguarding requirements relating to children and young people;
2. ensure that you, and any of your personnel involved in delivering the relevant services, hold and maintain any DBS checks, barred list checks, vetting, screening, consents, licences or other approvals that are legally required for the relevant role or activity;
3. not permit any person who is barred, disqualified or otherwise prohibited from working with children to deliver or assist with the relevant services;
4. maintain and apply appropriate safeguarding policies and procedures, including procedures for responding to concerns, incidents, allegations or complaints involving children or young people; and
5. promptly provide the Company with such information or evidence of compliance as the Company may reasonably request from time to time.
The Company is not responsible for assessing whether your activities require a DBS check or other safeguarding clearance, and is under no obligation to verify your compliance with this clause.
You indemnify the Company against any loss, liability, claim, damage, cost or expense arising out of or in connection with your breach of this clause 1.

2. Event Listings

You acknowledge and agree that:

you may create, publish and manage Event Listings through the Platform, subject to our approval, moderation rights and these Terms;
you are solely responsible for each Event Listing you publish, including its content, pricing, dates, times, venue details, capacity limits, restrictions, cancellation settings and compliance with applicable laws;
all information in an Event Listing must be accurate, complete, current and not misleading;
by publishing an Event Listing on the Platform, you are inviting Customers to make Bookings through the Platform for the relevant class, workshop or event on the terms disclosed in that Event Listing and these Terms;
once a Booking is made and confirmed through the Platform, you must provide the relevant services in accordance with the relevant Event Listing, these Terms and all applicable laws, unless the Booking is cancelled in accordance with these Terms;
we may remove, suspend, edit, refuse to publish or require changes to any Event Listing at any time where we reasonably consider it necessary to do so, including for legal, safety, reputational, operational or compliance reasons; and
any additional terms you wish to apply to an Event Listing must be consistent with these Terms and applicable law, and must be clearly disclosed in advance through the Platform where we permit this.

Without limiting any other right under these Terms, the Company may, where it reasonably considers it necessary for legal, regulatory, safeguarding, safety, security, operational, payment, reputational or compliance reasons, suspend or remove an Organiser or any Event Listing, require changes to an Event Listing, ask Stripe to delay payouts from the Organiser Stripe Account, or cancel, refuse, move, reschedule or otherwise restrict any Booking or Event Listing. The Company will use reasonable efforts to notify affected Users where practicable. This includes where the Company reasonably believes there is a safeguarding concern, unsafe or inappropriate behaviour, fraud, non-payment by the Organiser, breach of these Terms, or conduct likely to cause harm to Users or reputational damage to the Platform.

3. Provision of services

You must ensure that all services specified in a Event Listing that is booked by a Customer are provided:
1. in accordance with all applicable laws, regulations, tax obligations and industry standards;
2. with due care and skill and in a professional, punctual and diligent manner;
3. so that the services are fit for their intended purpose; and
4. on the date and at the times set out in the Event Listing.
You acknowledge and agree that a Customer may review any Event Listing or services you provide under a Event Listing on the Platform in accordance with clause 5 of Part C of this agreement.
If a Customer requests to reschedule the delivery time for the services listed in an Event Listing, you may choose to accept or reject such a request.

4. Fees

An Organiser may set the Event Price for its Event Listings using the functionality made available through the Platform. Where the Platform allows you to enter a price with the Platform Service Fee included or shown on top, the Event Price is in either case the part of the price attributable to your services, excluding the Platform Service Fee.
For each paid Booking, the Company charges the Organiser a Commission. The Commission may comprise a percentage of the Event Price and a fixed amount per transaction. The rates that apply to you are shown in your Organiser account on the Platform, including when you connect your Organiser Stripe Account, or are otherwise agreed with you in writing. Rates may differ between Organisers, and different rates may apply to online payments and to in-person payments taken through the Platform.
The Company also charges the Customer a separate Platform Service Fee in connection with the Booking. The Platform Service Fee is payable by the Customer in addition to the Event Price and is disclosed to the Customer at checkout before the Booking is confirmed.
The Customer's total payment at checkout will therefore usually comprise:
1. the applicable Event Price;
2. the applicable Platform Service Fee; and
3. any taxes or charges stated to apply.
(Collection) The Commission and the Platform Service Fee are collected by Stripe on the Company's behalf from each payment at the time it is made to your Organiser Stripe Account. You authorise the Company to instruct Stripe to collect those amounts, and any other amount properly payable by you to the Company under these Terms, from payments made to your Organiser Stripe Account.
(Stripe Fees) Stripe's standard processing fees on successful online payments made through the Platform are borne by the Company out of the Commission. Stripe does not return its processing fees when a payment is refunded, disputed or reversed, and Stripe may charge additional fees for disputes, in-person payments, currency conversion or other services under your agreement with Stripe. Responsibility for Stripe Fees on refunded, disputed or reversed payments is set out in clause 6.
(Amounts you owe us) If any amount is payable by you to the Company under these Terms and has not been collected from a payment (for example, Stripe Fees for which you are responsible under clause 6), the Company may deduct it from later payments made to your Organiser Stripe Account, by collecting it under clause 4.5 together with the Commission and the Platform Service Fee on those payments, up to what each payment would otherwise pay you, until it has been recovered in full. The Company may also recover it by any other lawful means.
The Company may change the amount or basis of the Commission on written notice to the Organiser. Unless a shorter period is required for legal or regulatory reasons, we will give the Organiser at least 14 days' prior notice of any increase in Commission.
The Company may change the Platform Service Fee from time to time. Any updated Platform Service Fee will be disclosed to Customers before checkout and will apply only to future Bookings.

5. Your Stripe account and merchant of record

(Opening an Organiser Stripe Account) To receive payments through the Platform you must open an Organiser Stripe Account through the Stripe onboarding process made available on the Platform, and keep it in good standing. Stripe may require identity, business and bank account information to verify you, and may restrict payments or payouts until verification is complete or where it has concerns about your account. The Company has no control over Stripe's verification, restriction or risk decisions.
(Your agreement with Stripe) Your Organiser Stripe Account is governed by your agreement with Stripe, including the Stripe Connected Account Agreement and the Stripe Services Agreement. You must comply with that agreement, with Stripe's acceptable use and prohibited business policies and with applicable card network rules. Stripe's payment services are provided to you by Stripe, not by the Company, and the Company is not a party to your agreement with Stripe.
(Merchant of record) You are the merchant of record and the seller for every payment a Customer makes for your Event Listings. Payments are made directly to your Organiser Stripe Account and are never held by the Company. As merchant of record you are responsible for delivering the services purchased, for issuing any receipt or invoice the law requires, for any taxes on the Event Price, and for all refunds, disputes, chargebacks, reversals and fees arising from your transactions, as set out in clause 6.
(Statement descriptor) The business name you set on the Platform is used to identify you on Customers' card and bank statements. You must ensure it accurately identifies your business.
(Authorisation) You authorise the Company, through its integration with Stripe, to:
1. create charges on your Organiser Stripe Account for Bookings of your Event Listings;
2. collect the Commission, the Platform Service Fee and any other amount payable to the Company under these Terms from those payments, in accordance with clause 4;
3. initiate refunds from your Organiser Stripe Account where you request them through the Platform, where these Terms provide for an automatic refund (including under clause 6), or where the Company reasonably determines that a refund is required by these Terms or applicable law; and
4. create and maintain customer records for your Customers within your Organiser Stripe Account so that payments and refunds can be processed.
(Payouts) Stripe pays the funds in your Organiser Stripe Account to your nominated bank account on Stripe's payout schedule and subject to Stripe's policies, reserves, holds and verification requirements. The Company does not control the timing of payouts and is not liable for any delay, hold, reserve, restriction, reversal or failure of a payout.
(In-person payments) Where you take in-person card payments using the Platform's in-person payment features, those payments are processed by Stripe to your Organiser Stripe Account and are subject to Stripe's terms for in-person payments. The Commission and Platform Service Fee rates that apply to in-person payments are shown in your Organiser account. You are responsible for the accuracy of any customer details you enter when taking an in-person payment, for collecting those details lawfully and for any price you choose to apply at the door.
(Information sharing) You acknowledge that the Company and Stripe exchange information about you, your Organiser Stripe Account and your transactions to the extent necessary to operate the Platform's integration with Stripe, as described in our Privacy Policy.
(No liability) To the maximum extent permitted by law, the Company is not liable to you for any loss arising from a refund, chargeback, dispute, reversal, Stripe Fee, dispute fee, negative balance, reserve, hold or payout delay, or from any act or omission of Stripe.

6. Refunds, cancellations, disputes and chargebacks

Organisers are responsible for the fulfilment of the classes, workshops, socials, events and courses they list on the Platform.
(Refunds at your discretion) Bookings for classes, workshops, socials, events and courses are for leisure activities provided on a specific date or dates. Customers do not have a right under these Terms to cancel such a Booking and receive a refund because they change their mind, can no longer attend or do not attend, and the Platform does not offer Customers self-service cancellation. Whether to refund a Customer in any other case is your decision, and Customers are directed to ask you. You issue a refund through the Platform, in the Groovin app or the organiser hub, by choosing the payment and the items on it to refund and whether to refund everything left on those items, a set amount or a percentage of it. A refund cannot exceed what remains unrefunded on the payment, is paid from your Organiser Stripe Account to the Customer's original payment method under the authorisation in clause 5, and cannot be reversed once issued. Nothing in this clause removes any statutory rights a Customer has, including where your services are not provided with reasonable care and skill or as described.
(Organiser cancellation or change) If you cancel an Event Listing, a session or a Booking, reduce capacity so that a Booking can no longer be honoured, or make a material change to a Booking (such as a change of date, time, venue or duration):
1. affected Customers are entitled to a refund in accordance with Part C clause 3, being the Event Price for the affected Booking (or, where you cancel a course, what remains unrefunded of the price paid for it) and, for classes, workshops, socials, events and courses, the corresponding Platform Service Fee. Cancelling or changing one or more sessions of a course without cancelling the course does not of itself entitle the Customer to a refund: their enrolment stands, and whether to refund them for that session is your decision under clause 6.2;
2. where you make a material change, the Platform will notify affected Customers and offer them the choice of keeping their Booking on the changed terms or receiving a refund, and Bookings for which no choice is made before the deadline shown are refunded;
3. where you make a material change within the period before the start time that is specified on the Platform (currently 48 hours), affected Bookings are cancelled and refunded automatically; and
4. the refund is made automatically, drawn from your Organiser Stripe Account and initiated through the Platform under the authorisation in clause 5. The Platform will show you the refund amount before you confirm a cancellation or change.
(The Company's fees on refunds) Whenever a payment is refunded in whole or in part, whether by you under clause 6.2 or automatically under clause 6.3, the Company returns to the Customer the part of the Platform Service Fee attributable to the amount refunded, in the same proportion as the refund bears to the amount paid for the refunded items, and funds that part of the refund itself. The remainder of the refund, being the Event Price refunded, is funded by you from your Organiser Stripe Account. The Commission is not returned: the Company keeps the Commission collected on a payment whether or not that payment is later refunded, in whole or in part. The Platform shows you how a refund is made up, and an estimate of what it will cost you, before you confirm it.
(Stripe Fees on refunds) Stripe does not return its processing fees when a payment is refunded. You are responsible for the Stripe Fees on every refund of a payment for your Event Listings, whether you issue it under clause 6.2 or it is made automatically under clause 6.3, in proportion to the amount refunded. The Company bears Stripe's fees on successful payments under clause 4.6, so once Stripe confirms the Stripe Fees on a refund, the Company deducts them from a later payment to you under clause 4.7. An estimate is shown to you before you confirm a refund.
(Negative balances) Refunds and chargebacks are drawn from your Organiser Stripe Account and may exceed the balance held in it, for example where the funds have already been paid out to you. In that case your Organiser Stripe Account may have a negative balance, which Stripe may recover from your future payments, from your bank account or otherwise under your agreement with Stripe. You are solely responsible for any negative balance and for settling it with Stripe.
(Disputes and chargebacks) A Customer may dispute a payment with their card issuer or bank. Chargebacks and disputes are raised against you as merchant of record and are handled through your Organiser Stripe Account under Stripe's dispute process. You are responsible for responding to disputes within Stripe's deadlines, for providing evidence, and for the amount of any chargeback and any dispute fee Stripe charges. The Company may provide you with Booking, attendance and transaction records from the Platform to help you respond, but is not responsible for the outcome of any dispute.
(No liability) The Company is not liable to you for any loss arising from a refund, chargeback, dispute, reversal, Stripe Fee, dispute fee, negative balance or payout hold, whether or not initiated through the Platform, except to the extent caused by the Company's own breach of these Terms or negligence.
(Credits) Where a Booking was paid for with credits from a membership or class pack, a refund is made by returning the credits to the Customer rather than in money, unless the Company determines otherwise.
(Customer complaints) If a Customer seeks a refund, reschedule or other remedy in relation to an Event Listing, the Company may, but is not obliged to, investigate the matter and facilitate a resolution. The Organiser must provide all information and assistance reasonably requested by the Company in connection with that process.
Nothing in this clause limits any rights a Customer may have under applicable law.

7. Anti-circumvention

While you are an Organiser on the Platform, you must not, directly or indirectly, use the Platform to solicit, divert or attempt to divert any Customer away from the Platform for the purpose of completing a booking, payment or other transaction outside the Platform.
Nothing in this clause prevents reasonable communications with a Customer after a Booking has been confirmed where those communications are genuinely necessary for the administration or delivery of the relevant Event Listing, including venue information, attendance instructions, timetable changes, safety updates, rescheduling or other operational matters relating to that Booking.
You must not use contact information obtained through the Platform except as reasonably required for the relevant Booking or as otherwise permitted by these Terms or applicable law.
The Company may, in its absolute discretion, suspend or cancel your Account or otherwise restrict your use of the Platform if it finds or reasonably suspects that you have breached this clause 7.

8. Binding contract

Each Event Listing is an invitation for Customers to make a Booking through the Platform.
When a Customer completes the checkout process for an Event Listing through the Platform and the Booking is confirmed through the Platform, a binding contract is formed directly between the Customer and the relevant Organiser for the provision of the relevant class, workshop, event or other service.
The Company is not a party to that customer-organiser contract and acts solely as an intermediary technology platform facilitating discovery, booking and payment.
Payment under that contract is made by the Customer directly to the Organiser Stripe Account and is processed by Stripe under the Organiser's agreement with Stripe. The Organiser authorises the Company to initiate that payment, to collect the Company's fees from it and to initiate refunds from it, in each case as set out in clauses 4 to 6.

9. Warranties

By listing yourself as an Organiser on the Platform, posting an Event Listing you represent and warrant that:

you are able to fulfil the requirements of the services specified in the Event Listing;
you will provide services to each Customer:
1. using suitably qualified and trained personnel exercising due care and skill in a professional, efficient, diligent and safe manner, and to the best industry standards; and
2. in compliance with all applicable laws; and
any individuals involved in your performance of services to any Customer have not been previously convicted of an indictable offence, and any companies involved in your performance of services have no current legal, criminal, civil or administrative proceedings against them.

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Part C - Customers

1. Bookings, pricing and fees

Customers may browse Event Listings and make Bookings through the Platform.
Each Event Listing will state the relevant Event Price and key booking information, including the date, time, location and any important restrictions or conditions notified by the Organiser.
When you make a Booking through the Platform, you agree to pay:
1. the applicable Event Price set by the Organiser;
2. the applicable Platform Service Fee charged by the Company; and
3. any taxes or other charges disclosed at checkout.
The Platform Service Fee is a separate fee charged by the Company for use of the Platform and related booking facilitation services. It may comprise a percentage of the Event Price and/or a fixed amount, may be subject to a minimum or maximum, and is charged in addition to the Event Price. Where an Event Listing shows a single price that includes the Platform Service Fee, the checkout will show you how much of that price is the Event Price and how much is the Platform Service Fee. In every case the amount you will pay is shown to you before you complete your Booking.
Once your Booking is confirmed through the Platform, a binding contract is formed between you and the relevant Organiser for the relevant class, workshop, event or service. The Company is not a party to that contract and does not itself provide the underlying event or service.
(Who you are paying) When you pay for a Booking, your payment is made directly to the Organiser through Stripe. The Organiser is the merchant of record and seller for your purchase, and the Organiser's name will appear on your card or bank statement. The Platform Service Fee and the Company's Commission are collected from that payment by Stripe on the Company's behalf. The Company does not receive or hold your money, and any refund due to you is paid by the Organiser as described in clause 3.
The Company may correct any obvious pricing error, and if this occurs after a Booking request is submitted but before fulfilment, we may contact you to offer you the option to proceed at the correct price or cancel for a full refund.

2. Payment

Unless otherwise stated on the Platform, all Bookings must be paid for in full at the time of booking.
Payments are processed by Stripe, or another payment processor we nominate from time to time, and are subject to Stripe's terms and privacy policy. Your payment details are collected by Stripe and, where you pay with Apple Pay or Google Pay, by that provider; the Company does not store your full card details.
You authorise the payment method you provide to be charged, through the Platform's integration with Stripe, for all amounts due in connection with your Booking, with the payment being made to the Organiser Stripe Account of the relevant Organiser.
You must ensure that your payment details are current, valid and authorised for use.
If a payment fails, is reversed, is subject to chargeback, or is otherwise not successfully processed, we or the Organiser may cancel or suspend the relevant Booking and/or we may suspend your Account.
(In-person payments) Some Organisers accept payment in person through the Platform, including by card. Those payments are also made directly to the Organiser and processed by Stripe. If you pay in person without an Account, the Organiser may enter your name and contact details so that you can receive a confirmation and check-in details; our Privacy Policy explains how that information is used.

3. Cancellations and refunds

(No refund for change of mind) Classes, workshops, socials, events and courses booked through the Platform are leisure activities provided on a specific date or dates. Because of this, the 14-day cancellation ("cooling-off") right that applies to many purchases made online under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 does not apply to these Bookings. You do not have a right under these Terms to cancel a Booking and receive a refund because you change your mind, can no longer attend or do not attend, and the Platform does not offer self-service cancellation of Bookings.
(Organiser discretion) An Organiser may choose to refund you, in whole or in part, or to move or re-book you, in other circumstances. Any such arrangement is between you and the Organiser, so please contact the Organiser directly. A refund the Organiser agrees to is issued by the Organiser through the Platform, for the amount the Organiser chooses up to what remains unrefunded on your payment, and the Platform Service Fee on the refunded amount is returned to you with it in the same proportion (see clause 3.4).
(When you are entitled to a refund) You will be entitled to a refund where:
1. the Organiser cancels the Event Listing, the session or your Booking, or reduces capacity so that your Booking cannot be honoured;
2. the Organiser makes a material change to your Booking (such as a change of date, time, venue or duration) and you do not accept the change, you do not respond before the deadline shown to you, or the change is made within the period before the start time specified on the Platform (currently 48 hours), in which case your Booking is cancelled and refunded automatically;
3. the relevant class, workshop, social, event or session does not take place; or
4. a refund is required by law.
(Amount) Where clause 3.3 applies, you will be refunded in full for what will not be delivered: the Event Price paid for the affected Booking or, where the Organiser cancels a course, what remains unrefunded of the price you paid for it, together with the Platform Service Fee on that amount. Where an Organiser refunds you under clause 3.2, you are refunded the amount the Organiser chooses, together with the Platform Service Fee in the same proportion as that amount bears to what you paid for the refunded items. In every case the Platform Service Fee on the refunded amount is returned by the Company and the Event Price refunded is paid by the Organiser.
(How refunds are paid) Refunds are paid from the Organiser Stripe Account to the payment method you used, and are initiated through the Platform by the Organiser or, where clause 3.3 applies, automatically. Where you paid with credits, the credits are returned to you instead. The time a refund takes to reach you depends on Stripe and on your bank or card issuer, and is subject to Stripe's refund and payout policies; the Company does not control it. The Company facilitates refunds as a technology intermediary only, does not pay refunds from its own funds, and does not assume responsibility for the underlying event or service.
(Platform Service Fee) The Platform Service Fee is returned only as part of a refund under clause 3.2 or 3.3, in proportion to the amount refunded, or where required by law. It is not refundable on its own, and the Company does not refund it in other cases.
(Problems and chargebacks) If you have a problem with a Booking, please raise it with the Organiser first and then, if it is not resolved, with us in accordance with Part A clause 12. If you ask your bank or card issuer to reverse a payment (a chargeback), that process is between you, your card issuer, the Organiser as merchant of record, and Stripe. We may share Booking, attendance and transaction records with the Organiser and Stripe to help resolve it, and a Booking that is the subject of a chargeback may be cancelled.
(Your statutory rights) Nothing in these Terms excludes or limits your statutory rights, including your rights under the Consumer Rights Act 2015 if a service is not provided with reasonable care and skill, is not as described, or is not provided within a reasonable time. Those rights are against the Organiser as the provider of the service, and this clause does not limit them.

4. Courses, memberships, class packs and gift cards

The Company may allow Customers to purchase multi-session courses, memberships, credits, class packs or gift cards through the Platform. Each is sold by the relevant Organiser, which is the merchant of record for the purchase, and is paid for in the way described in clauses 1 and 2.
Any specific terms applying to those products, including validity periods, redemption conditions, expiry dates, usage limits and refund rights, will be disclosed on the Platform at the time of purchase.
(Courses) A course is a series of sessions on specified dates, sold as one purchase. Once you have enrolled, clause 3 applies: you cannot cancel your enrolment for a refund because you change your mind. If the Organiser cancels the course, you will be refunded what remains unrefunded of the price you paid for it, together with the corresponding Platform Service Fee. If the Organiser cancels or changes one or more sessions of the course without cancelling the course, your enrolment stands and you are not refunded automatically for that session; any refund, including for a change you do not accept, is at the Organiser's discretion under clause 3.2, and you should ask the Organiser. A course is not pro-rated by session.
(Memberships and class packs) Where the Platform offers memberships, credits or class packs, they are fixed-term products and do not renew automatically. Credits expire at the end of the validity period shown at purchase, and unused credits are not refunded on expiry. The Platform does not offer self-service cancellation of a membership or class pack, and clause 3 applies to it in the same way as to a Booking: a refund is at the Organiser's discretion under clause 3.2, for an amount the Organiser chooses up to what remains unrefunded on your payment, and if the Organiser cancels your membership or class pack you are refunded the value of your unused credits. In each case the Platform Service Fee is returned with the refund in the same proportion. Where a cancellation right applies to a membership or class pack under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you exercise it by contacting the Organiser, and the refund is issued through the Platform in the same way.
(Gift cards) Unless otherwise stated at the time of purchase or required by law, gift cards are non-refundable once purchased, are not redeemable for cash, and may only be redeemed through the Platform in accordance with their stated terms.
Nothing in this clause excludes or limits any rights a Customer may have under applicable consumer law.

5. Ratings and reviews

Customers may rate an Event Listing (Rating) and/or may provide feedback to Organisers regarding the services Customers received from them (Review).
Customers' Ratings and Reviews can be viewed by any User and will remain viewable until the relevant Organiser Account and/or Event Listing is removed or terminated.
Customers must only provide true, fair and accurate information in their Reviews.
If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review and/or ban the relevant Customer from posting further Reviews. We do not undertake to review each Review made by Customers.
To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You may not publish Reviews of Organisers to whom you have a personal or professional relationship (separately from the Platform).
You may only write a Review about an Organiser if you have had a buying or service experience with that Organiser, which means that:
1. you have purchased a product or service from that Organiser via the Platform; or
2. you have placed an order with the Organiser via the Platform; or
3. you can otherwise document your use of the Organiser's service, including via correspondence or other interaction with the Organiser via the Platform,
(collectively referred to as a Service Experience).
You may only write about your own Service Experience. You are not permitted to write a Review about somebody else's Service Experience, such as that of a family member or friend.
You may not write a Review about an Organiser you have previously owned, currently own, or which an immediate family member currently owns, or if you are an executive or employee of that Organiser, or work for the Organiser. Similarly, you may not write a Review about a direct competitor to the Organiser you own, are employed by or work for.
Your Service Experience must have occurred within the last 12 months when you submit a Review.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by an Organiser to write a Review, you should include information about this in your Review. Incentives include the Organiser offering you a gift, reward, discount or advantage for writing a Review about the Organiser.

6. Linked businesses

You acknowledge and agree that:

the Platform provides links and introductions to Organisers owned and operated by third parties that are not under the control of the Company;
the provision by the Company of introductions to Organisers does not imply any endorsement or recommendation by the Company of any Organiser;
the Company does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Organiser who uses or is listed on the Platform; and
the contract for any class, workshop, event or related service booked through the Platform is between you and the relevant Organiser once the Booking is confirmed through the Platform in accordance with clause 1 and does not involve the Company in any way.

7. Communication outside the Platform and anti-circumvention

Before a Booking is confirmed, you must not communicate with an Organiser, or request, encourage or entice an Organiser to communicate with you, outside the Platform for the purpose of avoiding, bypassing or undermining the Platform, including to complete a booking, payment or other transaction outside the Platform.
After a Booking has been confirmed, you and the relevant Organiser may communicate outside the Platform where this is reasonably necessary for the administration or delivery of the relevant Booking, including for venue directions, arrival arrangements, timetable changes, safety information, emergency communications, accessibility arrangements or other legitimate operational matters connected with that Booking.
You must not use any contact information obtained through the Platform or through a Booking for unrelated marketing, solicitation or off-platform dealing, except where expressly permitted by law or with the relevant person's clear consent.
The Company may suspend or cancel your Account, cancel Bookings, or take any other action it reasonably considers appropriate if it believes you have breached this clause 7.

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