Last Updated: 12 October 2015
These Membership Terms apply to use of the website www.piratestudios.co.uk (the “Site”) by Members (as defined below). These terms set out how the Site works and describe any associated rights and responsibilities. Any instructions, guidance and similar information found on the Site also apply to how you use the Site and form a part of these Membership Terms. These Membership Terms form a legal agreement between you and Pirate Studios Limited.
The Site allows you to view, select and reserve rooms at a variety of recording studios. The studios can provide details of their facilities through the Site so Members can search and reserve rooms easily.
The studios are responsible for providing the facilities. If you have any problems please let us know. You can email us at firstname.lastname@example.org or by using the contact us function on the Site.
Please note we are a platform that connects people who want to reserve rooms and the businesses offering those rooms. Unless you are reserving a room at our own Pirate Studios facilities, we do not review listings through the Site by other studios and are not involved in the actual transactions between you and other studios. The Site is a marketplace and we do not have ownership of the facilities listed or sold through it unless indicated otherwise. We are not involved in the actual transaction between Members and studios save in respect of our own Pirate Studios facilities. The contract for the sale is directly between you and the recording studio.
As most of the content on the Site comes from studios, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. If you have any questions or concerns please let us know or contact the studio directly.
ABOUT THE SITE AND THE MEMBERSHIP TERMS
These Membership Terms contain some capitalised words which have been given specific meanings. Some of these defined terms are listed below:
- “Member” means a person who registers with the Site and may go on to make a Reservation.
- “Studio” means a person who registers with the Site to offer Reservations.
- “Allotted Time” means time you may apply towards a Reservation at Pirate Studios as part of a Paid Membership subscription.
- “User” means any person who uses the Site, including Members and Studios.
- “Order” means an order made for a Reservation by a Member via the Site.
- “Paid Membership” means a Membership which incurs a monthly charge and includes Allotted Time as described at clause 5.
- “Reservation” means the reservation and use of a Studio’s premises (or part thereof) by a Member.
- A reference to a “person” in these Membership Terms also includes a reference to businesses, companies and other types of associations.
- By applying to register as a Member you are confirming that you understand and accept (and are able to understand and accept) these Membership Terms and that you agree to be bound by them.
You may only apply to register as a Member:
- if you are 16 or over; and
- if it is lawful for you to do so.
To register as a Member, we may require you to provide us with identification or other documentation in order to help us prevent fraud or money laundering taking place on the Site. This may include photographic identification and recent proof of address. We may also undertake our own identity, fraud and credit checks.
We may make alterations to these Membership Terms or to the Site from time to time. If you are not happy with any alteration, you must stop using the Site. If you keep using the Site, this will indicate your acceptance of these Membership Terms as altered. We may notify key changes to you but you should review these Membership Terms from time to time to ensure you are aware of any changes.
REGISTRATION, ACCOUNT AND PASSWORD
You may only use your membership for your own benefit. By using the Site you confirm that you are not acting for the benefit of any other person.
To register as a Member, you will need to submit personal information and choose an account name (“Username”), a password (“Password”) and a valid email address for your Site account (“Account”).
The Username and Password will be allocated to you if you successfully apply for registration as a Member. Only we can decide whether applications will be successful. You may need your Username and Password to access some parts of the Site. Your Username and Password are personal to you and must not be disclosed to any other person.
You must ensure that all information about you that is held by us is true, complete, not misleading and up to date. You can amend your registration details at any time through the Site.
We are entitled to assume that any use of your Account is made by you. You are solely responsible and liable for any use of the Site under your Account or any other use of your Username and Password.
You may only hold one Account. If you forget your Username or Password, you can use the password recovery option or contact us as we will provide a replacement password.
Do not share your Password with any other person or allow any other person to use your Account. We are not liable for any improper use of your Password or Account or any use of your Password or Account by any other person. If you think any other person knows your Password, or that your Account has been used by any other person, you must inform us immediately.
If you do not log into your Account for 12 months, we may terminate the Account.
RESTRICTIONS AND OBLIGATIONS
You agree to comply with all applicable laws and regulations, these Membership Terms and all rules applicable to the use of the Site.
You agree not to:
- impersonate any other person or entity;
- falsely describe or otherwise misrepresent yourself (including your age and personal circumstances);
- falsely describe your affiliation with another person or entity;
- use or attempt to use another’s account;
- solicit personal information (including passwords and banking information) from another person.
You acknowledge, agree and undertake:
- that you are responsible for the safety of all individuals who accompany you to the premises of a Studio as part of a Reservation and shall not permit unknown members of the public to access the Studio premises;
- not to damage any equipment or other property made available at or by a Studio, and to compensate the Studio for any such damage;
- to clear all of your own equipment, any rubbish or other materials brought by you into a Studio before leaving Studio premises, to refrain from smoking in Studio premises, and to reimburse the Studio for reasonable cleaning costs which arise from your use of the Studio premises;
- to ensure that you and all such persons are aware of all applicable fire evacuation procedures and all fire and other safety rules available on the Site and provided on the premises by the Studio;
- to ensure that you and all such persons shall keep secret any entry codes provided to enable you to access the premises of a Studio, and to let us know immediately if such entry codes are disclosed to any other person;
- to vacate the premises of a Studio by the end of the time allotted to you as part of a Reservation, failing which that Studio may charge you for any additional time at their standard rates prevailing from time to time;
- to immediately report to us any damaged or missing equipment found by you on the premises of a Studio either through the Site, by email or by telephone, failing which you may be charged for such loss or damage;
- that you are responsible for any equipment you bring onto Studio premises, that you do so and/or use a Locker at your own risk, and that neither we nor the Studio shall have any responsibility for damage, theft or loss of your equipment;
- not to bring any dangerous or unlawful equipment, substances or materials onto Studio premises;
- to report any suspicious behaviour or mistreatment of Studio premises to us and the Studio immediately.
For the avoidance of doubt, the indemnity (an obligation to compensate us or the Studios) at clause 10.9 requires you to compensate us or the Studios for any loss, damage, liability, expenses and costs (including reasonable legal fees) which we or they incur as a result of your breaching the terms of this clause 3.
When you place an Order the Site will indicate an amount which you authorise us to pre-authorise on your debit or credit card. You further authorise us to take payment of this pre-authorised amount or part thereof to reimburse either us or the Studios in respect of any loss, damage, liability, expenses or costs incurred as a result of your breaching the terms of this clause 3 or which are otherwise the subject of the indemnity set out at clause 10.9. Provided that you have complied with these Membership Terms, we shall remove any such pre-authorisation in respect of a Reservation within [1 week] of the date of that Reservation.
In accordance with clause 11, we may also suspend or terminate access to your Account or the Site or cancel a Reservation if you breach any of these Membership Terms including this clause 3.
We permit Studios to sell Reservations on the Site, enabling the Site to be used as a platform on which transactions with Studios can take place. We are therefore providing a forum in which you can enter transactions with Studios. Reservations may only be made up to 2 months in advance, and recurring Reservations are not accepted.
If you choose to make an Order, you do so at your own discretion. This is an offer to enter a contract with the Studio to make a Reservation. If the Studio accepts the Order you will be entering a contract with that Studio which will be confirmed by the Studio by email.
If you encounter any difficulties in connection with a Reservation, you are encouraged to contact the Studio directly. You accept that we have no control over Reservations and are not liable for the fulfilment of the Order in any way, unless your Reservation is in respect of our own premises.
There is no guarantee that Orders will be accepted. The Studio may reject your Order at any time, provided they return any payment you have made for that Order.
Save where your Reservation relates to our own premises, we are not responsible and have no control over refunds. You should enquire directly with the Studio in relation to this.
Subject to clause 4.5 above, where your Reservation relates to our own premises, you may cancel and claim a refund under the circumstances described below:
- if you cancel more than 48 hours before the Reservation, we will reimburse you the whole of your payment, less any bank charges and other costs incurred by us in administering that refund;
- if you cancel 24-48 hours before the Reservation, we will reimburse you half of your payment, less any bank charges and other costs incurred by us in administering that refund;
- if you cancel within 24 hours of the Reservation, you will not receive a refund.
The Studio shall have the right to make any changes to a Reservation which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of that Reservation, in which case the Studio shall use its reasonable endeavours to promptly notify you of any such changes.
Certain Paid Memberships are available through the Site which entitle you to a certain amount of time to apply towards Reservations in each calendar week starting from Monday in lieu of payment (“Allotted Time”). Unused Allotted Time may not be carried over to the following week.
Allotted Time may only be applied towards Reservations made with Pirate Studios in respect of our own facilities, and not with other Studios unless indicated otherwise.
Where your Reservation is made using Allotted Time, then a reference to payment in clause 4.6 shall be interpreted as referring to that Allotted Time, such that if you cancel that Reservation:
- if you cancel more than 48 hours in advance you will be free to reuse 100% of the applicable Allotted Time;
- if you cancel 24-48 hours in advance you may reuse 50% of that Allotted Time;
- otherwise you may not reuse any of the Allotted Time.
Paid Membership includes access to a locker in the course of a Reservation at no additional charge, however such access is strictly subject to availability and no discount will be offered if a locker is not available.
You may cancel a Paid Membership at any time by giving us 1 months’ written notice. If we do not receive your payment in advance for a Paid Membership in accordance with clause 6 we may cancel your Paid Membership immediately without further notice. Any Reservations made using Allotted Time which are scheduled for a date after such termination may be cancelled by us.
PAYMENT FOR MEMBERSHIP AND RESERVATIONS
Payment for Memberships shall be made one month in advance by direct debit.
Payment in respect of each Order will be made immediately by debit or credit payment card.
We fund the Site by receiving a commission from Studios, which is based on the amounts paid for Reservations.
THE RELATIONSHIP BETWEEN PIRATE STUDIOS, YOU AND OTHER STUDIOS
All Reservations are sold on the basis of a contract between you and the Studio. We are not a party to any contracts or transactions you may enter with other Studios. We are not the seller or supplier of any Reservations made available on the Site or displayed on the Site, save in relation to our own premises. This is the case whether or not the transaction for Reservations takes place on the Site or through any external channel.
Reservations may be offered subject to additional terms requested by the Studio. You should ensure you are aware of any additional terms and agree to being bound by them before making a Reservation.
Subject to clause 7.4, we have no control over and are not responsible for:
- the quality, safety or legality of any Reservations sold by Studios on the Site or through external channels; or
- any failure of any Studio to make good any offer of a Reservation, reward or special offer; or
- the personnel of any Studio; or
- the availability, power supply, connectivity, standard, layout, size, cleanliness, equipment, appearance, location, or any other characteristic of the facilities which are the subject of a Reservation, including whether they meet any description provided on the Site.
Notwithstanding clause 7.3, in respect of Reservations made between you and Pirate Studios we warrant that the Reservation will be provided using our reasonable care and skill, and that the facilities which are the subject of such a Reservation shall conform in all material respects with their description on the Site.
PROVISION OF INFORMATION
In some cases, Studios will require more information from you. Studios will request this information from you directly and you must promptly provide any information that they request in order to properly provide the Reservation.
When you make a Reservation, we will provide the Studio with any information you have supplied to us, which is required by the Studio to honour the Reservation.
If you have any dispute with a Studio, you should take this up with the Studio directly.
In instances where you feel the Reservation provided by the Studio is harmful, dangerous or otherwise unsuitable you should alert us so that we may remove the Studio from the Site.
We have no obligation to mediate or attempt to settle any disputes, but in some instances we may do so. Whether or not we decide to mediate is totally up to us. If we decline to do so, we do not have to give any reasons for this decision and our decision is final.
We provide and maintain the Site on an “as is” and “as available” basis and we are liable only to provide our services with reasonable skill and care.
We give no other warranty in connection with the Site and we disclaim all liability for:
- the accuracy, currency or validity of information and material contained within the Site, including the accuracy of any ratings or reviews given to Studios;
- any changes in applicable law or regulation, or the acts of any legislator or regulator in any part of the world;
- any interruptions to or error of the Site or other communications network;
- the infringement by any other person of any copyright or other intellectual property rights of any third party through any User Content or use of the Site;
- the availability, quality, content or nature of external sites;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a User’s computer equipment, software, data or other property caused by any other person accessing, using or downloading the Site or any User Content; and
- all representations, warranties, conditions and other terms and conditions which, but for this notice, would have effect.
We have not verified or reviewed any additional terms of any Reservation and we are not liable for the additional terms of any Reservation.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
To the maximum extent permitted by law, we exclude liability (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for any indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware.
To the maximum extent permitted by law, our aggregate liability in respect of any claims made in connection with or arising out of the use of the Site (whether in contract, tort (including negligence), breach of statutory duty, or otherwise) for direct losses will be limited to the amount paid by you to us under these Membership Terms in the 12 months immediately prior to the date upon which the cause of action arose.
You agree not to use the Site in any way which: – is unlawful; – may give rise to civil or criminal liability for Pirate Studios; or – may bring Pirate Studios into disrepute.
You hereby agree to indemnify, defend and hold us and our officers, directors, owners, agents, information providers, affiliates, licensors and licensees, and all Studios (collectively, the “Indemnified Parties”) harmless from and against any and all damage, loss, liability, expenses and costs (including reasonable legal fees) incurred by the Indemnified Parties in connection with any claim arising out of:
- any fraud or fraudulent misrepresentation you commit;
- any inaccuracy or defect in any of the information you have provided to us;
- any breach of applicable law or regulation you commit;
- any other person’s use of your Account;
- any breach by you of these Membership Terms; and
- third party claims arising from your use of the Site or any use of your Account (whether or not such use was by you) and any of your Reservations.
You shall cooperate with us in the defence of any claim. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
BREACH, SUSPENSION AND TERMINATION
Without limiting any other rights we have, we may suspend or terminate access to your Account or the Site if you breach any of these Membership Terms.
If we have grounds to suspect that you are using the Site fraudulently or improperly, we will suspend your Account until you are able to demonstrate to our satisfaction:
- your identity; and
- that no fraud or impropriety has occurred or been attempted.
We will try to give you reasonable notice of any anticipated termination of the Site.
If you become aware of or suspect another User’s breach of these Membership Terms, or any fraud or impropriety by another user, you must contact us immediately.
We may cancel, amend or suspend a Reservation at any time for any reason.
The Site enables the display of third party content, including Users’ reviews and ratings of Studios (“User Content”). You accept that the ratings and reviews given by Users of the Site form an essential part of the Site’s internal regulation process and are a key function of the Site for all Users. The reviews and ratings expressed in any User Content are for information purposes and do not constitute advice from us or reflect our views. To the fullest extent permitted by law we assume no liability for any loss or damage incurred by Studios and / or Members as a result of the User Content.
You accept that we have no control over the User Content as we do not moderate it. However, if you alert us to inflammatory, erroneous or salacious User Content we may in our absolute discretion remove it from the Site.
Although we are not obliged to do so, we may remove or reject any User Content.
You agree that we may process and store any content you submit to the Site (“Your Content”).
You may send Your Content to other Users of the Site, and other Users of the Site may send User Content to you.
You agree to the distribution of Your Content by us both internally and externally. Therefore you should ensure that Your Content does not contain information which you intend to keep confidential or private.
By making available, posting or transmitting Your Content to the Site, you are granting us a non-exclusive, transferrable, sublicensable, royalty-free, irrevocable, perpetual worldwide licence to use and exploit Your Content for any purpose.
You agree that you are entitled to make available, post or transmit Your Content to the Site.
You will not make available, post or transmit to the Site any statement, material or other content, nor use the Site in any way, that:
- is unlawful or may give rise to civil or criminal liability;
- infringes any copyright or other intellectual property right of any third party;
- infringes any third party’s rights of privacy or rights of publicity;
- includes any computer virus or other malicious software;
- is abusive, pornographic, defamatory, discriminatory or obscene;
- harasses any other person (including Studios and their employees);
- interferes with another user’s use and enjoyment of the Site;
- impersonates any moderator, administrator or any staff or any other person connected with Pirate Studios;
- contains the confidential information of any other person;
- solicits passwords or personal information;
- contains video, photographs, or images of any other person without his or her permission (or in the case of a minor, the minor’s legal guardian);
- exploits any other person;
- we consider inappropriate; or
- encourages or provokes any other person to do any of the acts listed above.
If you discover any material which you believe contravenes these Membership Terms, please inform us.
The Site provides means by which you can communicate with us. We will communicate with you at the email address you have provided or through other means of communication provided by the Site. Notices that are applicable to all our customers shall be made available on the Site publicly. You will be deemed to have received a notice at the time the email is sent or the time the notice is posted on the Site. We will be deemed to have received a notice when we issue confirmation to you.
All emails (or other messages) we send are intended for the addressee only.
Some features and services of the Site may be subject to additional terms. We will draw these terms to your attention before you use those features or services. Those additional terms will be incorporated into these Membership Terms when you indicate your agreement to those additional terms.
These Membership Terms are subject to your statutory and common law consumer rights and will not limit any rights you might have that cannot be excluded under applicable law. These Membership Terms will not exclude or limit our liability for death or personal injury resulting from our negligence nor any fraudulent acts or representations.
We may deduct any monies you owe us from any monies we owe you.
Our failure to enforce any term does not constitute our waiver of that term.
If any part of these Membership Terms is found to be unenforceable, it will be amended to the minimum extent necessary to make it enforceable and the remainder of the provisions will remain in full force and effect.
The Site is intended for and directed at the United Kingdom. No representation or warranty is made as to whether the Site complies with the laws of any other country.
These Membership Terms are subject to the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English courts.
Pirate Studios will be entitled to assign and otherwise transfer the agreement covered by these Membership Terms by giving you reasonable notice, which may include notice given via the Site.
All questions, comments or enquiries should be directed to us and we will try to respond to within 48 hours.
Pirate Studios Limited of Deben House, 1-5 Lawrence Hill, Bristol, BS5 0BY, United Kingdom. Registered company number 09669260.
07912 22 22 31