Terms and Conditions

By Subscribing to the Service, you confirm that you have fully understood these Terms and Conditions and that you are bound by these Terms and Conditions, including any changes to them or to the Service in accordance with these Terms and Conditions.

To operate the Venue Service, you must:
have access to the internet;
possess necessary audio and visual equipment;
have an internet enabled device in order to manage your Account, and;
hold all necessary licenses in order to operate Karaoke and Music Services within your Venue premises.

1. Interpretation

1.1 In these Terms:

“BUSINESS DAY” means a day (other than a Saturday, Sunday or public holiday in England) when banks in London are open for business;

“CUSTOMER”, “YOU” or “YOUR” means the Venue, person or entity who accepts the Suppliers agreement for the supply of the Services on behalf of the Venue;

“SERVICE” means the Karaoke.co.uk online and offline karaoke service and all equipment;

“PAYMENT METHOD” means the Card Payment details that You have provided to our secure payment gateway for each recurring subscription payment;

“SESSION” means a period of time whereby the Service is in operation by the Customer;

“SIGN UP” means the process the Customer completes in order to Subscribe;

“SUBSCRIBE” or “SUBSCRIPTION” means the Rolling Agreement entered between Supplier and Customer for the Service provided;

“SUPPLIER”, “US” or ‘”WE” means Yousing Limited (registered in England under number 10417802);

“SUPPLY” shall mean in relation to the Services and any supporting equipment the provision thereof by the Supplier;

“TERMS” means the standard terms set out in this document and (unless the context otherwise requires) includes any special terms agreed in Writing between the Customer and the Supplier;

“TRACKS” means the songs available on the service;

“VENUE” means the location where the Service shall be installed / operated and whether such installation shall be carried out by the Customer or by the Supplier and shall include all buildings and structures thereon;

“VISITOR” means any person, logged in or not and who interacts with the Service during a Session;

“WRITING”, and any similar expression, includes post, electronic mail and other forms of electronic communication;

1.2 The headings in these terms are for convenience only and shall not affect their interpretation.

2. Basis of the Supply

2.1 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Customer and the Supplier. 

2.2 The Supplier’s employees or agents are not authorised to make any representations concerning the Services unless confirmed by the Supplier in Writing. In entering into the Contract the Customer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.

2.3 Any advice or recommendation given by the Supplier or its employees or agents to the Customer or its employees or agents as to the storage, application or provision of the Services by the Supplier is followed or acted upon entirely at the Customer’s own risk, and accordingly the Supplier shall not be liable for any such advice or recommendation.

2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier.

3. Billing

3.1 Subscription pricing details are displayed on our website.

3.2 The total cost of a Subscription will be charged as specified, along with the next Payment Due date, within your Account Login, which can be accessed by logging in to your ‘My Account’ section.

3.3 You can change your Payment Method from within the ‘My Account’ section. If a payment is not settled, due to expiration, insufficient funds, or any reason otherwise, and you do not change your Payment Method or Cancel your Subscription, we may suspend your access to the Service until we have received full payment from a valid Payment Method. When you update your Payment Method, you agree and authorise us to continue charging the updated Payment Method, and you remain responsible for any uncollected amounts.

3.4 We use Payment Gateway Providers to process card payment transactions. During the Subscription Sign Up process you will need to provide certain information that will allow the Payment Gateway Providers to collect payments on our behalf and you authorise the Payment Gateway Providers to collect payments on our behalf. If a payment fails, the Payment Gateway Providers will try to collect payment again but if they are still unable to process the payment, you will not be able to access the Service.

3.5 We may change the terms of the Service Subscriptions and any other part of the Service, including any pricing, occasionally. It may be necessary for us to increase pricing due to new content, services, support levels and any other continued investment in the delivery of the Service. We reserve the right that we may need to increase pricing at any point for any reasons other than those stated.

3.6 We will provide you with 30 days’ notice of any changes to pricing and you are entitled to cancel your Subscription prior to the pricing changes taking effect.

4. Use of the Service

4.1 The Customer agrees to only operate the Service when providing a karaoke Session for visitors to the Venue and will deactivate the Service, when not in use for Karaoke.

4.2 You must be 18 years of age to subscribe to the Service. Due to the nature of some Tracks available on the Service, minors may only use the Service under the supervision of an adult

4.3 You are solely responsible for any Advertisement content and/or any images that you upload to be displayed and shown via your Venue Service.

4.4 The Customer agrees not to resell, loan or in any other capacity allow the use of the Service provided to the Venue to anyone else other than visitors who are physically within the Customer venue during a session that is in operation and available to all Venue visitors.

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

4.6 It is the sole responsibility of the Customer to ensure that any licenses required and any legal requirements are held in order that the Customer can operate the Service at the Venue. The Supplier will not be held liable in any case arising in which the Customer is not legally able to use the Service within the Venue.

4.7 Risk of damage to or loss of the Service shall pass to the Customer:

4.8 It shall be the responsibility of the Customer at all times to ensure that their own equipment shall be properly used and maintained at all times in such a way that the use of the Karaoke Service by the Customer through thier Equipment shall not cause any damage or loss to the Venue. The Supplier shall be under no liability to the Customer for any loss or consequential loss arising from the Customer’s failure to comply with this provision.

4.9 Any passwords or log in credentials chosen and used by the Customer to access their account are the responsibility of the Customer, the Customer agrees that they will not share their details with any other person or entity and the Customer must be satisfied that their chosen access credentials are of a secure nature.

4.10 The Supplier shall not be liable to the Customer by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, or (in particular but without limiting the severability of this clause) in respect of any damage or loss caused by impact damage, third party intervention (e.g. vandalism), for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Supplier, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods / Services (including any delay in supplying or any failure to supply the Goods in accordance with the Contract or at all) or their use by the Customer, and the entire liability of the Supplier under or in connection with the Contract shall not exceed the price of the Equipment / Services, except as expressly provided in these Terms.

5. Cancellation

5.1 Subscriptions are provided on a rolling monthly basis, however in some instances a minimum term for your Subscription may apply and your Subscription will automatically renew for the same period of time as the minimum term. You can prevent your Subscription from automatically renewing at any time. You can do this from within your Account Login.

5.2 Cooling Off Period - Customers are entitled to a statutory cooling-off period of 14 business days from the moment of the order of the subscription and/or paid for period. Important – The 14-business day period will no longer be valid if you have accessed the Service during the cooling-off period. If you wish to receive a full refund before the end of the cooling-off period, you must contact us.

6.  Service Fair Usage Policy

Use of the Service is based on a Fair Usage Policy. The Fair Usage Policy ensures that all Customers are provided with a reliable, cost effective Service. The Service is subject to a Fair Usage limit of approximately 10 hours per day. Based solely at the discretion of the Supplier, if the Customer exceeds the limits of the Fair Usage Policy, the Supplier may request that a higher fee is agreed, or may temporarily suspend the Service until such a time an agreement with the Customer has been finalised.

7. Availability of the Service

7.1 Whilst the Supplier monitors and carries out updates to the service, the Supplier will not be liable for any loss or damage, tort (including negligence), breach of statutory duty, or otherwise, even if forseeable, arising under or in connection with:

• use of, or inability to use, our service; or
• use of or reliance on any content displayed on our site.

We will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

We may, from time-to-time need to carry out essential maintenance to the service. We will, where possible carry this out during times when the service is unlikely to be in operation. In the event that we have to carry out emergency maintenance, we reserve the right to temporarily disable the service to carry this out without providing any prior notice.

8. Tracks

8.1 We are dedicated to the continual growth of the Track catalogue and to make these available to the Customer for the Service provided. We produce Tracks and the Service also provides Tracks from third party Track providers. The Supplier reserves the right to remove Tracks from the Service at any time if required to do so by any of the licensing bodies that the Supplier reports to, or by any of the third party Track providers, or for any other unspecified reason.

9. Support

9.1 If you are experiencing any technical difficulties, you must contact us immediately on the Support details provided with your Account Login.

9.2 Service Failures is outlined in clause 14.

16. Intellectual Property

10.1 Except as expressly set out in this Agreement, all Intellectual Property Rights in our Service will remain with us.

10.2 Where Software is provided to enable the Customer to make use of the Services, We grant to the Customer a non-exclusive non-transferable licence to use the Software solely for the purpose of receiving the Services. Where any additional terms and conditions apply to its use of the Service We will make these known to the Customer and the Customer will, if requested, sign any agreement reasonably required to protect the owner’s rights in the Service.

10.3 The Customer will not copy, decompile or modify the Service without prior written consent from us (except as permitted by law) and will not distribute or disclose the Service to any third party.

10.4 The Customer acknowledges that We has no obligation to review or edit any of its information or third party information which the Customer stores, transmits, or uses in connection with the Services. However, We reserve the right to access, retain and disclose copies of such information for the purposes of:

a correcting, maintaining and improving the Services;

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

c observing the performance of the Services;

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

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

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

11. Visitor Data

Visitors do not need to Register to interact fully with the Service in the Venue, they can however choose to Register if they wish.

11.1 Without Registering;  Visitors interacting with the Karaoke using the Venue Code to request tracks do not need to sign in and the only data stored is anoymised track data, and any screen name the Visitor may have entered.

11.2 Registered Visitors; Visitors who choose to Register with the Service are required to provide a name, email addess and password. This data and how it is used is outlined within the Privacy Policy here.

12. Temporary or permanent disabling of the Service

12.1 The Supplier reserves the right to temporarily disable or completely withdraw the Service at any time and without reason.

We will not be liable for:

a loss of profits, sales, business, or revenue;

b business interruption;

c loss of anticipated savings, or;

d loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.

13. Confidentiality

13.1 Neither party shall disclose to any third party without the prior consent of the other party any confidential information which is received from the other party as a result of this contract. Both parties agree that any confidential information received from the other party will only be used for the purposes of providing and receiving Services. These restrictions do not apply to any information which:

a was or becomes generally available to the public other than as a result of a breach of an obligation under this clause 13;

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

c was known to a party before the information was disclosed to it by the other party.

13.2 Notwithstanding clause 13.1 We will be entitled to disclose the Customer’s confidential information to a third party to the extent required by any court of competent jurisdiction or by a governmental or regulatory authority, or where there is a legal right, duty or requirement to disclose such confidential information.

14. Service Failures

14.1 We will use reasonable endeavours to provide the Services but We shall not be liable for any Service Failure resulting from factors outside of our control.

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

14.3 The Customer shall promptly report to our Support line referred to in clause 9. any Service Failure it experiences (receipt of which will be logged by us), giving sufficient information to enable us to investigate the claim.

14.4 If no Service Failure is found after such investigation, the Customer shall pay such charges as may be notified from time to time in respect of reasonable costs and expenses incurred.

14.5 Where any Service has been unavailable to the Customer for a continuous period of more than seven (7) days (the "Unavailable Period") and not as a result of any action or omission of the Customer or any event beyond our reasonable control, the Customer may apply to us for a rebate of any time based Charges in respect of the Unavailable Period (from the time the fault report is logged by us until the Service is restored) and We shall allow the Customer a proportionate rebate of such time based Charges and may credit such amount against subsequent invoice(s). We shall have no other liability for failure or unavailability of the Service.

15. Communications to You

15.1 If we need to contact you, including any Notices of Pricing Changes, Cancellations or otherwise, we will do so via email to the email address you provided to us upon Subscribing. Notifications will be deemed to have been delivered to you on the day they are sent. It is your responsibility to make sure that you have provided us with the correct contact email address and to inform us immediately if they change.

16. Changes to Terms and Conditions

We may, from time to time, change these Terms and Conditions. We will aim to notify you with at least 30 days before any new Terms and Conditions apply, unless any changes are required to be implemented swiftly, in which we will notify you as quickly as is reasonably possible. By continuing to use the Service we take this as acceptance of the amended Terms and Conditions. The most up to date Terms and Conditions will always be available to view from within the ‘My Account’ section.

17. General

17.1 The Customer acknowledges that it has not been induced to enter into this Agreement by any representations made before or on entering into this Agreement (whether made negligently or innocently or whether oral or written) that are not set out in this Agreement.

17.2 The Customer acknowledges that the only remedy it has against us for any misrepresentation or untrue statement shall be a claim for damages for breach of this Agreement. However, if We have made any fraudulent representations upon which the Customer has relied, the Customer may pursue us, and the Customer shall be entitled to all available remedies under English law.

17.3 This Agreement shall supersede all prior representations, arrangements, understandings and agreements between the parties relating to the subject-matter contained herein and this Agreement shall constitute the entire, complete and exclusive agreement and understanding between the parties hereto.

17.4 No variation of this Agreement or waiver hereunder shall be effective unless agreed in writing by us.

17.5 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provisions in questions shall not be affected as a result.

17.6 The Customer shall not assign transfer or sub-contract or try to assign any or all of its rights and responsibilities under the Agreement. We may sub-contract transfer its rights and obligations hereunder to any third party or transfer the same to a new service provider.

17.7 The Customer shall not resell or otherwise make the Services available to any other person, or sell or transfer any part of the Service to any third party without the prior written consent from us.

17.8 This Agreement is governed by English Law and the English Courts shall have exclusive jurisdiction as regards any dispute.

18. Our Right to Cancel

18.1 We can cancel your Subscription (and/or any part of it) at any time. If we cancel your subscription, or any part of it, after you have paid to use the Service, we will provide as much advance notification as is reasonably possible and you will either:

(1) have access to the Service (or part of) for the remainder of your usage period; or (2) be provided with a refund for any usage period remaining after the date of termination.

In any event we may immediately suspend or restrict your use of the Service without refund or compensation, if:

a you fail to make a payment that you owe us, or if your Payment Method fails;

b you breach these Terms and Conditions;

c we suspect or believe that yo have, or may be committing fraudulent activity against us or against any other person or organisation through your or their use of the Service;

d you have acted towards our staff or agents in a way that we consider unacceptable and serious enough to end your use of our Service;

e you have not purchased a Subscription directly from Us;

f you use the Service in a manner that may negatively influence the reputation and/or business of Yousing Limited, our affiliates, our commercial partners and payment processors and any other third party who are conducting services on our behalf in relation to the Service, or;

g it is not reasonably avoidable due to any operational or technical issues which are beyond our reasonable control.