Terms & Conditions

Last Update: 30th September 2024

1. Background

These terms and conditions (“Terms”) set out the Terms for the licensing of the “DJ Teams” software, owned and operated by Happy Lion Media Limited, a limited company registered in England and Wales under company number 06477139, whose registered address is Unit 16 Holyrood Close, Poole, England, BH17 7FJ.

2. Definitions

In these Terms the following definitions apply:

"We/Us/Our/Company""

means Happy Lion Media Limited, a limited company registered in England and Wales, under company number 06477139, whose registered address is Unit 16 Holyrood Close, Poole, England, BH17 7FJ;a

"You/Your” "

means the customer entering into a Licence;

"Content"

means the content inputted by You in the Software, including contact details of Your clients, event date and time and the music choices of Your clients;

"Event of Force Majeure"

means any cause preventing a Party from performing all or any of its obligations under these Terms which arises from or is attributable to acts, events, omissions or accidents beyond its reasonable control including act of God, war, riot, terrorist act, malicious damage, accident, breakdown in systems, fire, flood or storm;

"Intellectual Property Rights"

means all current and future intellectual property rights, equitable interests and proprietary rights of any nature including, without limitation, patents, patent applications, copyright, know-how, technical and commercial information, designs (whether registered or unregistered), design rights, internet domain names, database rights, trademarks, service marks or business names, applications to register any of the aforementioned rights, trade secrets and rights of confidence, in each case in any part of the world and whether or not registered or registrable;

"Licence"

means the licence from Us to You to use the Software;

"Licence Fee"

means the licence fee set out in Schedule 1;

"Licence Period"

means the period starting with commencement of the Licence and ending on the termination date of the Licence (following termination by either You or Us);

"Party"

means either You and/or Us, as applicable”;

"Personal Data"

means “personal data” as defined by the Data Protection Act 1998 (as amended from time to time);

"Software"

means the DJ Teams software, including current and future versions, owned as referred to in paragraph 1 above;

"Terms"

means as defined in paragraph 1 above

"User Account"

means a unique account created for You to access the Software;

"VAT"

means value added tax or any other sales tax replacing value added tax;

"Website"

means https://djteams.co.uk;

3. Acknowledgement

3.1 Your access to and use of the Software is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Software.

3.2 By accessing or using the Software You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Software.

3.3 You represent that you are over the age of 18. The Company does not permit those under 18 to use the Software.

3.4 Your access to and use of the Software is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Software.

3.5It is Your responsibility to make sure that You only input limited Personal Data relating to your clients in to the Software (such as clients’ names and contact details) and that You obtain all required consents (under relevant data protection laws) to do this. It is also Your responsibility to make sure that such data is processed, handled and deleted in accordance with applicable data protection laws.

3.6It is agreed that Your clients’ Personal Data will not be transferred to us and there is no intention for Us to access such Personal Data.

4. User Accounts

4.1When You create a User Account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your User Account and the right to use Our Software.

4.2You are responsible for safeguarding the password that You use to access Our Software and for any activities or actions You carry out using Your password, whether Your password is with Our Software or via third-party single sign-on software.

4.3You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your User Account.

4.4You agree not to use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.

5. Content

Your Right to Post Content

5.1Our Software allows You to record Content. You are solely responsible for the Content that You record within the Software, including its legality, reliability, and appropriateness.

5.2You retain any and all of Your rights to any Content You record within the Software and You are responsible for protecting those rights.

5.3You represent and warrant to Us that: (i) the Content is Yours (You own it) or You have the right to use it; and (ii) the recording of Your Content on or through Our Software does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

5.4The Company is not responsible for the Content of the Software's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your User Account.

5.5You agree not to transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable.

5.6Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content but You acknowledge and agree that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

6. Intellectual Property

6.1All Intellectual Property Rights in the Software and its content (excluding Content provided by You or other users) and its features and functionality are and will remain the exclusive property of the Company and its licensors.

6.2All Intellectual Property Rights in the name “DJ Teams” and the Website (including Website content and its features and functionality) are and will remain the exclusive property of the Company and its licensors.

6.3You agree that you will not: (i) copy nor reproduce the Software and its content (excluding Content provided by You); (ii) use the Software nor the Website; except under these Terms; nor (iii) sub-contract or allow anyone else to use the Software without Our express prior written consent.

6.4You agree that You will not use Our Intellectual Property in connection with any product or software without Our prior written consent.

6.5You agree that We have and retain Intellectual Property Rights in the music choices made by Your clients (on an anonymised basis).

7.Licence, Licence Fee and Payment

7.1The Company will grant You a non-exclusive and non-assignable right to use the Software. That licence is personal to You and You are not permitted to allow anyone else to use. Additional licence fees will be payable for additional users. You agree to pay the Licence Fee each month, within 7 days of receipt of invoice, during the Licence Period.

7.2 In accordance with relevant legislation and regulations all invoices or other requests for payment under these Terms shall be subject to VAT at the prevailing rate.

8.Links to Other Websites

8.1Our Software may contain links to third-party web sites or software that are not owned or controlled by the Company.

8.2The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or software. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or software available on or through any such web sites or software. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or software that You visit.

9.Termination

9.1We may terminate or suspend Your User Account immediately, without prior notice or liability, for any reason whatsoever, including if You breach any of these Terms, including, without limitation, if you fail to pay the Licence Fee.

9.2You may terminate your Licence with Us:
9.2.1 upon giving Us not less than 90 days written notice, at any time; or
9.2.2if We are in material breach of these Terms, upon written notice to Us.

9.3Upon the termination date: (i) Your right to use the Software will cease immediately; and (ii) You will pay any outstanding amount of Licence Fee payable at that date.

10.Limitation of Liability

10.1Nothing in these Terms shall exclude or limit Our or Your liability for: (i) death or personal injury resulting from that Party’s negligence; (ii) fraud or fraudulent misrepresentation; (iii) breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other liability which may not be excluded or limited by law.

10.2In no event shall We be liable to you, whether in contract, tort (including, without limitation, negligence and misrepresentation), under statute or otherwise for any indirect or consequential loss or damage, or any loss of profit (whether direct or indirect).

10.3Our total liability of whatever nature, whether in contract, tort (including, without limitation, negligence and misrepresentation), under statute or otherwise to You for any losses caused by Us shall be limited to the aggregate amount of the Licence Fee paid by You to Us in the previous 12 month period.

11."AS IS" and "AS AVAILABLE" Disclaimer

11.1 The Software is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of quality and fitness for a particular purpose. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Software will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications or systems, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

11.2 Without limiting the foregoing, the Company makes no representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Software will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Software; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components. You will ensure You have Your own anti-virus protection in place.

12.Dispute Resolution, Governing Law and Jurisdiction

12.1 If You have any concern or dispute about the Software, You agree to first try to resolve the dispute informally by contacting the Company.

12.2 These Terms and any dispute or claim arising in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

12.3 The parties irrecoverably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arise in connection with these Terms.

13.General

13.1Each Party agrees that it will perform its obligations under these Terms in accordance with all applicable laws.

13.2Neither Party shall be liable to the other to the extent it is prevented from or hindered in performing its obligations under these Terms due to an Event of Force Majeure.

13.3You are not permitted to assign or sub-contract any of Your rights and/or obligations under these Terms.

13.4These Terms (and any documents referred to in them) constitute the entire agreement and understanding between the Parties and supercede any previous agreement relating to their subject matter.

13.5If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Changes to these Terms

14.1We reserve the right, at Our sole discretion, to modify or replace these Terms at any time.

14.2By continuing to access or use Our Software after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Software.

15. Notices and Contact

Any notice relating to these Terms or if you have any questions about these Terms should be directed to:
Email address: info@djteams.co.uk
Postal Address: Unit 16 Holyrood Close, Poole, England, BH17 7FJ.

Schedule 1 – Licence Fee

£24.99 per calendar month, plus applicable VAT or such other amount as may be notified by Us to You on not less than 90 days’ notice.