Welcome to Krew!
Krew is not a gymnasium, place of amusement or recreation, health club, facility, fitness studio or similar establishment and the Sessions we provide are operated and delivered by the applicable Pro and not by Krew.
Please read these Terms carefully before accessing and/or using the Site and/or Sessions.
- INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Krew Live Ltd a company registered in England and Wales. Our company registration number is 12581785 and our registered office is at 13-17 Margett Street, Cottenham, Cambridge, England, CB24 8QY. Our registered VAT number is 374 0509 04.
- How to contact us. You can contact us by writing to us at firstname.lastname@example.org or at Krew Live Ltd, 13-17 Margett Street, Cottenham, Cambridge CB24 8QY.
- How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provide to us.
- “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
- Acceptance of Terms. By accessing and/or using the Site and/or Sessions, or clicking any button to indicate your consent, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site or any Sessions.
- Amendment of Terms. Krew may amend the Terms to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. Such amendments shall be made, at a minimum, by posting updated Terms on the Site (as indicated by a revised "Last Updated" date at the top of this page). Unless we provide a delayed effective date, all amendments will be effective upon the posting of such updated Terms. Your continued access to or use of the Site or Sessions after such posting constitutes your consent to be bound by the Terms, as amended. We may make other changes to the Terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect.
- KREW PLATFORM
- Krew Platform. The Krew platform (the "Krew Platform") enables consumers to reserve, schedule, purchase, access and attend a wide range of live or recorded online fitness, recreational and wellness Sessions offered and operated by fitness studios, gyms, trainers, nutritionists, physiotherapists or other third parties (each a "Pro", collectively, “Pros”). Krew itself is not a gymnasium, place of amusement or recreation, health club, health clinic, physiotherapy clinic, facility, fitness studio or similar establishment and does not own, operate or control any of the Sessions that are offered at or through such facilities unless explicitly stated otherwise.
- Participation Options. There are a number of ways to participate in Krew and to access and attend Sessions as a result of such participation (each a "Plan"), including:
- purchases of time based plans (a "Subscription"); or
- promotional plans.
We reserve the right to modify, terminate or otherwise amend our offered Plans at any time at our discretion. From time to time we may permit non-subscribers to access certain Sessions, services, content or features for a cost or at no cost, in our absolute discretion. Krew makes no commitment as to the quantity, availability, type or frequency at which such Sessions, services, content and features will be available to non-subscribers and may modify, discontinue, remove or suspend access at any time and for any reason in our sole discretion.
- Subscriptions. Each Subscription entitles you to access to the Krew Platform. A Subscription starts on the date that you receive a confirmation email from us confirming your Subscription or reactivation of a pre-existing Subscription. Unless we otherwise communicate a different time period to you at the time of sign up or otherwise (such as a multi-month commitment plan), each billing cycle is one month in length (a “Subscription Cycle”). Your Subscription automatically renews each month, and we will automatically bill the monthly Subscription fee to your Payment Method each month, until your Subscription is cancelled or terminated. For example, if you purchase your Subscription on April 5, your Subscription will automatically renew on May 5 (as further explained in “Subscription Cycles,” below). You must provide us with a current, valid, accepted method of payment (“Payment Method”). We may update the accepted methods from time to times. If you upgrade or downgrade to a different Subscription, all such Subscriptions will be governed by these Terms and will continue indefinitely until cancelled or terminated.
- Session Availability and Allocation.
Krew does not guarantee the availability of particular Sessions, services, experiences, content, inventory, spots or other features, and availability may change over time and at any time (including during the course of any given Subscription Cycle). The type, quantity, allocation and availability of particular Sessions, and other inventory offered, are determined by the Pros and Krew. Krew may take certain steps to release, promote and otherwise make available Sessions and inventory at varying times and in an ongoing and evolving way.
- Sessions Requirements. Krew allows you to access to a variety of audio and video digital Sessions from your computer or mobile device, via live stream and/or on demand. To access these digital Sessions, you need to comply with certain technical and hardware requirements. We cannot be responsible if you are unable to use any features of a Session because you do not comply with such requirements.
- Non-Subscription Purchases. Krew may permit you to purchase certain products or services through the Site, in addition to your Plan or without having a Plan. You acknowledge and agree that these Terms apply to any such purchase you make, and you will be responsible to pay the applicable fees, which may change at any time.
- Use of Krew. Your Krew account is personal to you and you agree not to create more than one account. You cannot transfer or gift access to the Krew Platform to third parties or allow third parties to use your Krew account, including other Krew users. You must not use or exploit the Site and/or Sessions for commercial purposes. We continually update and test various aspects of the Krew Platform. We reserve the right to, and by using our the Site and/or Sessions you agree that we may, include you in or exclude you from these tests without notice. You understand and agree that Krew may take actions we deem reasonably necessary to prevent fraud and abuse.
You agree that the information you provide to Krew at sign up and at all other times will be true, accurate, current, and complete and that you will keep this information accurate and up-to-date at all times. When you sign up, you will be asked to create a password. You are solely responsible for all activity that occurs under your account, including any activity by unauthorised users. To use the Site you must have access to the Internet and may be required to download a Krew mobile application to use some or all of Krew features. You are solely responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Site and Sessions.
- Eligibility Criteria. You must be 18 years of age or older to use this Site and/or Sessions and/or to purchase a Plan. You further understand that the Site and/or Sessions may not be available in every geography. Your further understand that use of the Site is conditional upon compliance with the Terms and in particular the Health Declaration below.
The availability of all or part of our Site and/or Sessions may be limited based on demographic, age, or other reasonable criteria as we or, in the case of Sessions, a Pro, may establish from time to time.
Krew currently operates in the following countries: Australia, Austria, Belgium, Canada, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States (each an "Operational Location").
Access to our Site is not permitted from other jurisdictions. The Site is not available to any users suspended or removed from the Site by Krew. By using the Site, you represent that you are a resident in an operational location, at least 18 years old and have not been previously suspended or removed.
- Subscribing Organisations. If you are using or opening an account on behalf of a company, entity, or organisation (a “Subscribing Organisation”), then you represent and warrant that you are an authorised representative of that Subscribing Organisation with the authority to bind such organisation to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organisation.
- HEALTH DECLARATION.
- Acknowledgements. You acknowledge that:
- Krew and its staff, agents and subcontractors and the Pros are not medically trained;
- there are certain inherent risks and dangers in exercising and that the Sessions you may attend or participate in offer a range of activity and intensity levels. By using Krew (including but not limited to attending, participating in or using a Session), you acknowledge and agree, on behalf of yourself, your heirs, personal representatives and/or assigns that you are aware of these risks which include, but are not limited to, property damage, illness, loss and bodily injury or death. You acknowledge that some of these risks cannot be eliminated;
- nothing stated or posted on or otherwise available through any aspect of the Site and/or a Session is intended to be, and must not be taken to be, the practice of medical care;
- you are primarily responsible for your own health and wellbeing; and
- Krew and/or any Pro reserve the right to ask you not to participate in any Session beyond what we or a Pro reasonably believe to be your personal ability.
- Declarations. You declare that:
- to the best of your knowledge and belief, you are in good health and not knowingly incapable of engaging in either active or passive exercise and that such exercise would not be detrimental to your health, safety, comfort, well-being or physical condition; and
- you will cease to participate in any Sessions immediately should your health or vulnerability to injury change and will inform the Pro immediately of any changes if they occur during the course of a Session.
- FEES, BILLING, CANCELLATION.
- Recurring Billing. By initiating your Plan, you authorise us to charge you for your initial Plan period and a recurring monthly Plan fee at the then current rate. Increases in the current rate will be notified to you at least two weeks before the changes take effect by e-mail or other notice (such as when you log into your account) or such other means as we may deem appropriate from time to time. You acknowledge that the amount billed each month may vary for reasons that may include differing amounts due to promotional offers and/or changing or adding a Plan, and you authorise us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges. You also authorise us to charge you any other fees you may incur in connection with your use of the Site, such as any applicable sign-up fee, or cancellation or late fees, as further explained below. Note that even if you do not use the Plan or access the Site and/or Sessions, you will be responsible for Plan fees until you cancel your Plan, or it is otherwise terminated.
- Subscription Cycle. When you sign up and purchase your Subscription, your first Subscription Cycle will be billed immediately. Unless we expressly communicate otherwise, your Subscription will automatically renew each month and you will be billed on the same date each month (being the date on which you signed up), provided that, where such date does not exist in particular renewal month, your Subscription will be deemed to auto-renew on the day immediately following the date of expiry of your current Subscription Cycle. For example, if you signed up on January 31st, your next auto-renew date will be March 1st, and payment will be taken using your Payment Method on (or as soon as practically possible) after that date. All Subscription auto-renews will continue to take place on the new auto-renew date (i.e., in this example, the 1st of each month). Payment will be taken on the effective date of your auto-renew (a “Renewal Date”), provided that, if we are unable for any reason to take payment on a Renewal Date, we will take payment as soon as practically possible thereafter.
- Refunds. Generally, our fees (including the monthly fee for your Plan and any other fees) are non-refundable, unless we specifically communicate otherwise at the time of purchase. However, we will provide a refund in the following circumstances: (i) if you are cancelling as set forth in Section 5f), Section 5h), Section \* MERGEFORMAT \* MERGEFORMAT 7b) below or (ii) if your Plan is cancelled prior to the end of a period for which you have incurred a charge, due to your disability or death, in which case we reserve the right to charge a fee to cover the cost of any Session or other services or products you may have used or received prior to your cancellation and to ask for proof of such changed condition, to the extent permitted by law (such class fee charges not to exceed the cost of the Plan itself). We do not provide refunds for any prior months.
- Price Changes. The Pros and Krew both reserve the right to adjust pricing at any time. Unless we communicate otherwise, any price changes to your Subscription will take effect on your next Subscription Cycle. If you do not cancel your Subscription, you will be deemed to have accepted these new fees.
- Payment Methods. We accept most major credit and debit cards, but not cash or cheque. You may edit your Payment Method information by logging onto our website or mobile app and editing it in your account settings. If a payment is not successfully settled, due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. If we cannot charge your account, we reserve the right, but are not obligated, to terminate your access to our Site or any portion thereof.
- Cancellation of Plans. Unless we communicate otherwise, and in addition to your right to cancel within 14 days of initial purchase as set out below, you may terminate your Plan at any time before your Plan renews, by going into your account settings on the Krew website and letting us know you would like to cancel. Unless we communicate otherwise, and except for during a trial, following any cancellation you will continue to have access to your Plan through the end of any current prepaid Subscription Cycle, unless you cancel and receive a refund, in which case your access will be terminated immediately. Note that if you do terminate your Plan, we reserve the right to charge a reactivation fee if you want to return to Krew in future months or to restrict your access in future months.
- Reservation and Cancellation of Sessions. As a Krew user you must reserve and cancel your Sessions only through the Site. It is a breach of these Terms if you reserve or cancel a service directly with a Pro, including through any online or mobile account you have with a Pro, independent of Krew.
- Right To Cancel Within 14 Day Of Initial Purchase. You have the right to cancel your Plan within 14 days of your initial sign-up without giving any reason.
The cancellation period will expire after 14 days from the day of the conclusion of the contract. To exercise the right to cancel, you must inform us either at your option, by clicking on the button ‘End Subscription’ in the customer dashboard page, and following the steps described. You can also contact us via email to email@example.com or postal mail to Krew Live Ltd, 13-17 Margett Street, Cottenham, Cambridge CB24 8QY of your decision to cancel this contract by a clear statement. You may use the model cancellation form appended to the end of these Terms at Appendix 1, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract within the 14-day cancellation period, we will reimburse to you all payments received from you, save that we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to length of time you had access to the Krew Platform in comparison with the full coverage of the contract.
We will make any refund without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.
We will make the refund (subject to any deductions as described in these Terms) using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
- Third Party Fees for Using Krew. You are also responsible for all third-party charges and fees associated with connecting to and using the Site and/or Sessions, including fees such as internet service provider fees, telephone and computer equipment charges and any other fees necessary to access the Site and/or Sessions.
- Trials. From time to time we may offer a trial membership that includes access to the Krew Platform during the trial period (a "Trial"). Trials will have the duration and price communicated at the time you sign up. Unless otherwise communicated, a Trial begins at the moment of sign up (even if you choose not to take your first Session until a later date) and ends at 11:59pm local time on the last day of the Trial (for a one-week trial, this would be the same weekday of following week). If you cancel your Trial, your cancellation will be processed and your Trial period will end immediately, and your upcoming reservations will be cancelled, unless we communicate otherwise. Each trial membership automatically will convert to a regular monthly Subscription and price unless cancelled by 12pm local time on the day before the last day of Trial. Customers that cancel and do not convert to a regular Subscription may not attend Sessions taking place after the end of the trial membership period (even if booking occurred before the end of the applicable trial period). Unless we expressly communicate otherwise, Trials are not transferable, may not be combined with other offers or redeemed for cash and are void where prohibited. You understand and agree that unless we expressly communicate otherwise, Trials are available only to new users that have never had a Krew account before and there is only one Trial permitted per credit card or payment method and it is a violation of these Terms to sign up for a Trial if you have signed up for an account or trial in the past or to have more than one account or Trial at the same time. Krew reserves the right, in its absolute discretion, to determine your eligibility for a Trial. If in our discretion we believe you are not eligible for a Trial, we reserve the right to prevent you from signing up for a Trial. If we terminate your Trials because you have violated these Terms, you understand that you will not be eligible for a refund.
- Gift Cards. From time to time we may make available gift cards for Krew Plans. Other than gifting a gift card as described in the gift card terms, you may not gift access to the Krew Platform to the third parties and your use of Krew is personal to you.
- Refer a Friend. From time to time we may make available certain incentives for Krew users to refer a friend to use Krew. The current terms that apply to referrals shall be found where and when such a scheme is made available.
- Other Promotions. Krew may offer additional types of offers and promotions which will be subject to additional terms and conditions that Krew may provide.
- TERMINATION OR MODIFICATION BY KREW
- Termination by us for breach. We may end our contract by notifying you accordingly if you breach these Terms. If Krew deletes your account as a result of your breach of these Terms, you may not re-register for or use the Site and/or Sessions under any other user name, email, payment method or profile. Krew may block your access to the Site to prevent re-registration.
- Stopping access to the Site or Sessions. We may write to you to let you know that we are going to stop providing the Sessions or access to the Site or particular Plans. We will let you know in advance of our stopping access to the Site or any Sessions or any Plans and will refund any sums you have paid in advance for access to the Krew Platform that will not be provided.
- PROHIBITED CONDUCT
Without limiting the prohibitions and restrictions found elsewhere throughout the Terms, you agree not to:
- Harass, threaten, stalk, disrupt or defraud users, members or staff of Krew or Pros or any other person, or otherwise create or contribute to an unsafe, harassing, threatening or disruptive environment;
- Act in a deceptive or fraudulent manner by, among other things, impersonating another person or access another user’s account without that person’s permission;
- Share Krew passwords with any third party or encourage any other user to do so;
- Permit anyone to use any Sessions booked under your own Plans;
- Reserve or cancel any class directly with a Pro, rather than through the Site;
- Reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, use for commercial purposes or otherwise exploit any portion of the Site;
- Misrepresent the source, identity, or content of information transmitted via the Site, including deleting the copyright or other proprietary rights or notices from any portion of the Site;
- Upload material (e.g. virus) that is damaging to computer systems or data of Krew or users of the Site or otherwise use the Site in any manner that could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Site;
- Upload copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
- Upload or send to Site users pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libellous, or otherwise inappropriate content;
- Decompile, reverse engineer or disassemble the Site, in whole or in part, except as may be permitted by applicable law;
- Link to mirror or frame any portion of the Site;
- Cause or launch any program or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site or unduly burdening or hindering the operation and/or functionality of any aspect of the Site;
- Attempt to gain unauthorised access to or impair any aspect of the Site or its related systems or networks or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- Make unsolicited offers, advertisements, proposals, or send junk mail or “spam” to users;
- Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Site, any features that prevent or restrict use or copying of any content accessible through the Site, or any features that enforce limitations on the use of the Site or the content therein;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorised access to the Site;
- Use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site;
- Use the Site for or in connection with any purpose that is unlawful or prohibited by these Terms.
- USER SUBMISSIONS
- General. The Site provides certain features which enable you and other users to submit, post, and share content, which may include without limitation text, graphic and pictorial works, or any other content submitted by you and other users through the Site (“User Submissions”). Krew does not guarantee any anonymity or confidentiality with respect to any User Submissions, and strongly recommends that you think carefully about what you upload to, share with or make accessible to the Site. You understand and agree that User Submissions may be made public without any additional notice to or consent by you and you should assume that any person (whether or not a user of Krew’ platform), including any Pro, may read or have access to your User Submissions. Krew is not responsible for the use or disclosure of any information that you disclose in connection with User Submissions, including any personal information. User Submissions are displayed for information purposes only and reflect the opinions of the person making the submission. They are not controlled by, and may not reflect the opinion of, Krew. You understand that all User Submissions are the sole responsibility of the person from whom such User Submission originated. This means that you, and not Krew, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available through the Site.
- Right to Remove or Edit User Submissions. Krew makes no representations that it will publish or make available on the Site any User Submissions, and reserves the right, in its sole discretion, to refuse to allow any User Submissions on the Site, or to edit or remove any User Submission at any time with or without notice. Krew may, but is not obligated to, monitor and edit or remove any activity or content, in whole or in part, including but not limited to content that Krew determines in its sole discretion to violate the standards of this Site. Krew takes no responsibility and assumes no liability for any User Submissions.
- Licence Granted by You to Krew. You retain all your ownership rights in original aspects of your User Submissions. By submitting User Submissions to Krew, you hereby grant Krew and its affiliates, sublicensees, partners, designees, and assignees of the Site (collectively, the “Krew Licensees”) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use and otherwise exploit your User Submissions and derivatives thereof in connection with the Site and Krew’s (and its successors’) business for any purpose, including, without limitation, for marketing, promoting, and redistributing part or all of the Site (and derivative works thereof), in any media formats and through any media channels now known or hereafter discovered or developed.
- User Submissions Representations and Warranties. You are solely responsible for your own User Submissions and the consequences of posting, sharing, displaying, publishing them or otherwise making them available. In connection with User Submissions, you affirm, represent, and warrant that: (i) you own, or have the necessary licences, rights, consents, and permissions to use and authorize Krew to use all patent, trade mark, copyright, or other proprietary rights in and to your User Submissions to enable inclusion and use of your User Submissions in the manner contemplated by Krew and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, Krew’s or any Krew Licensee’s use of such User Submissions pursuant to these Terms, and Krew’s or any of Krew Licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trade mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) contain any material that is illegal, threatening, obscene, racist, defamatory, libellous, hateful, pornographic, purposely false or otherwise injurious to third parties, promotional in nature, promotes any illegal activity or harm to groups or individuals, or consists of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice or false advertising; (c) violate these Terms or any applicable law or regulation, or these Terms; or (d) exploits minors or (e) require obtaining a license from or paying fees or royalties to any third party for the exercise of any rights granted in these Terms, including, by way of example and not limitation, the payment of any royalties to any copyright owners, including any royalties to any agency, collection society, or other entity that administers such rights on behalf of others.
- Inaccurate or Offensive User Submissions. You understand that when using the Site, you may be exposed to User Submissions from a variety of sources and that Krew does not endorse and is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable.
You acknowledge and agree, to the fullest extent permitted by applicable law, that Krew (nor any subsidiary of such entity), has any liability to you in respect of any such User Submissions.
- Feedback. If you provide Krew with any comments, bug reports, feedback, or modifications proposed or suggested by you to the Site (“Feedback”), Krew shall have the right to use such Feedback at its discretion, including, but not limited to the incorporation of such suggested changes into the Site. You hereby grant Krew a perpetual, irrevocable, nonexclusive license under all rights necessary to incorporate and use your Feedback for any purpose without notice to, consent by or compensation to you or any third party.
- Infringing or Illegal Activity. In the event of infringing or other illegal activities, we have no obligation to, but reserve the right to terminate access to the Site and remove all content submitted by any persons who are suspected or found to be infringers. Any suspected illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Krew may have at law or in equity.
- Krew Ratings. You may be required to rate your Sessions and/or other Krew experiences that you reserve.
- OWNERSHIP; PROPRIETARY RIGHTS
The Krew website and mobile applications are owned and operated by Krew or a subsidiary of Krew. The content, recordings, visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of the Site provided by Krew (“Materials”) are protected by local copyright, trade dress, patent, and trade mark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for your User Submissions, all Materials contained on the Site are the copyright of Krew or its subsidiaries or affiliated companies and/or third-party licensors whether registered or unregistered and may not be used in connection with any product or service or in any manner that is likely to cause confusion as to our endorsement, affiliation or sponsorship of any person, product or service. All trade marks, service marks, and trade names used by us on the Site are proprietary to Krew or its affiliates and/or third-party licensors. Except as expressly authorized by Krew, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials and may only access the Materials for your personal, non-commercial use. In the event that Materials are downloaded to your computer or mobile phone, you do not obtain any ownership interest in such Materials. All rights not expressly granted in this Agreement are reserved.
- THIRD-PARTY SITES, PRODUCTS AND SERVICES; LINKS
The Site may include links to other web sites or services (“Linked Sites”) solely as a convenience to users. Krew does not endorse any such Linked Sites or the information, material, products, or services contained on other linked sites or accessible through other Linked Sites. Furthermore, Krew makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of Linked Sites, including the information, material, products, and services on linked sites or available through Linked Sites, is solely at your own risk.
Sometimes promotional plans are offered in conjunction with the provision of third party products and services. We are not responsible for the products and services provided by such third parties, and use of such products and services is at your own risk.
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Site are solely between you and such third party.
You agree that Krew will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party on the site.
- LIMITATION OF LIABILITY
- General. Nothing in these Terms shall limit or exclude Krew’s liability for (a) death or personal injury caused by its negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability which cannot be limited or excluded by applicable law.
- Exclusions of liability for Pros. Sessions and any other products and services made available via the Site are provided by third party hosts (and the descriptions of the foregoing posted on the site are provided by such third parties), not Krew. Subject to Section 1a) Krew shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms due to any acts or omissions of the Pros.
- General limitation of liability. Subject to Section 1a) and Section 1b) Krew' total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with your use of the Site and any Sessions shall be limited to a maximum of the total fees paid by you to Krew.
- Force majeure. Krew shall not be liable for any delay in performance or breach of any of its obligations under this Agreement resulting from any cause beyond its reasonable control including but not limited to fires, earthquakes, floods, storms, drought, Acts of God, epidemic, pandemic, network or power failure, strikes (of its own or other employees) insurrection or riots, acts of terrorism, embargoes, shortages or delays in transportation, telecommunications failure and requirements or regulations of any civil or military authority.
- HOST WAIVERS AND TERMS
Your participation in any Session may be subject to addition policies, rules or conditions of the applicable Pro and you understand and agree that you may not be permitted to reserve or attend Sessions or services if you do not comply with these Terms or the policies of the Pros or as otherwise determined by a Pro. If you have questions about a Pro's waiver or other terms, please contact the Pro directly.
- DISPUTE RESOLUTION
Generally, if a dispute arises between Krew and you, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Krew agree that the parties will resolve any claim or controversy at law or equity that arises out of these Terms or the Site (a “Claim”) in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of England and Wales. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions may apply irrespective of the choice of the laws of England and Wales. Subject to any consumer protection regulations in your country of residence, you agree the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with our contract with you.
- Assignment. We may assign our rights and obligations under these Terms. The Terms will enure to the benefit of our successors, assigns and licensees.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This (including the documents referred to herein), as each may be amended as set forth herein, is the entire agreement between you and Krew relating to the subject matter herein.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms will in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms will not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms. Further, in the event we choose to grant an exception to these Terms, any such exception is in our sole discretion and does not entitle you or anyone else to any exceptions in the future for similar circumstances.
- Notices. Notices will be sent to you at the email address that you provided to Krew during the registration process. Notices may be sent to us here. Notice will be deemed given 24 hours after email is sent, unless the sender receives an automatic, electronic notification that such notice was not successfully received. Without prejudice to the foregoing, we may serve you legal notice by post to the address provided during the registration process. In such case, notice will be deemed given three days after the date of posting.
Appendix 1 (Model Cancellation Form)
(Complete and return this form only if you wish to withdraw from the contract)
To: Krew Live Ltd., The Barn, 13-17 Margett Street, Cottenham, Cambridge. CB24 8QY, firstname.lastname@example.org.
I hereby give notice that I cancel my contract for the supply of the following service: [*]
Ordered on [*]
Name of consumer: [*]
Address of consumer: [*]
Signature of consumer: (sign only if this form is notified on paper instead of via electronic mail).