Studio Reception Terms of Use
Welcome to the www.studioreception.net online software management website (the ʺWebsiteʺ). The Website enables you to manage calendars, memberships, and communications for your business (collectively, the ʺServiceʺ). The Website is owned by Winona e Solutions Limited (“Winona e Solutions”, “Winona Studio Reception”, “we”, ”our” or “us”). PLEASE READ VERY CAREFULLY THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE.
1. Acceptance of Terms. These Terms and Conditions of Use (these ʺTermsʺ) set forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by these Terms. If you do not accept the terms of these Terms, you should leave the Website and discontinue use of the Service immediately. We may modify these Terms from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to these Terms when you use the Website after any such modification is posted; it is therefore important that you review these Terms regularly.
2. General Registration Requirements. If you wish to become a “Member” for access and use of the Service, you must register on the Website. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract or have accepted the Terms stated through a parent or guardian and are not a person barred from receiving services under the laws of the United Kingdom or other applicable jurisdiction.
IF YOU ARE AN EMPLOYEE OR AGENT OF A COMPANY AND YOU ARE ENTERING ACCEPTING THESE TERMS TO OBTAIN THE SERVICE FOR USE BY OR FOR THE BENEFIT OF THE COMPANY FOR THE COMPANY’S OWN BUSINESS PURPOSES, YOU HEREBY AGREE THAT YOU ACCEPT THESE TERMS ON BEHALF OF THE COMPANY AND THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS SET FORTH HEREIN.
You also agree to: (a) provide true, accurate, current and complete information about yourself and your company (if applicable) as prompted by the registration form available on the Website (the ʺRegistration Dataʺ) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse any and all current or future use of the Website and Service (or any portion thereof). Use of the Service and membership on our Website is void where prohibited.
3. Children. Due to the nature of the internet, we cannot prohibit minors from visiting our Website. If you are a minor, your acceptance of the terms and conditions stated herein must be through a parent or lawful guardian. We have the right to presume that you as a Member have lawfully represented your capacity to enter into these Terms whether directly or through a parent or guardian.
4. Member Accounts, Passwords and Security. If you register on the Website or otherwise become a Member, you will be required to choose one or more passwords and provide your email address, and you may be asked for additional information regarding your account(s). You are responsible for maintaining the confidentiality of the password(s) and account(s) information, and are fully responsible for all activities that occur under your password(s) or account(s). You agree to (a) immediately notify us (by e‐mail to help@studioreception.net, or call us at +44(0)20 7387 8885 (9:00 a.m. to 5:30 p.m) of any unauthorised use of your password(s) or account(s) or any other breach of security, and (b) ensure that you log out from your account(s) at the end of each session. Winona Studio Reception is not liable for any loss or damage arising from your failure to comply with this Section.
5. User Content. You acknowledge, consent and agree that Winona Studio Reception may access, use, preserve and disclose your account(s) information, including, but not limited to, any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (collectively “Content”) you have posted or made available through our Website (together with your Registration Data ʺUser Contentʺ) if required to do so by law or in good faith believe that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Winona Studio Reception, its Members and the public; and/or (f) otherwise provide you with access to and use of the Service.
By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content does not infringe or violate any privacy or other rights of any party. You further agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, the Service or the Website and that you will be solely responsible for all User Content that you submit to the Site, including the consequences of posting or publishing such User Content. It is strictly prohibited to upload User Content of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms. Without limiting the foregoing, you acknowledge and agree that all User Content is subject to our Privacy Policy described below.
6. Security Components. You understand that our Website and software embodied within our Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Winona Studio Reception and/or content providers who provide content to Winona Studio Reception. You may not attempt to override or circumvent any such security components and usage rules embedded into our Website.
7. Winona Studio Reception and Third Party Content. Our Website contains Content of Winona Studio Reception, and Content of third party licensors to Winona Studio Reception which is protected by copyright, trademark, patent, trade secret and other laws. In addition, Winona Studio Reception has developed processes, concepts and online tools to manage and grow membership‐based businesses. By utilising this Website, you acknowledge and agree that Winona Studio Reception owns and retains all rights, title and interest in the content. Except for User Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through our Website or Service.
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Winona Studio Reception Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Winona Studio Reception and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Winona Studio Reception Content. Use of the Winona Studio Reception Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Winona Studio Reception under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Winona Studio Reception does not waive any rights to use similar or related ideas previously known to Winona Studio Reception, or developed by its employees, or obtained from sources other than you.
8. Other Sites. Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their websites. Winona Studio Reception does not assume any responsibility or liability for the actions, product, and content of any such websites. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of our Websites does not imply Winona Studio Reception’s endorsement of such third party website. If you decide to access any such linked websites, you do so at your own risk.
9. Payment of Fees. The fees for the Service provided are posted on our Website and are subject to change without notice. You agree to pay Winona Studio Reception in advance the applicable fees for the Service provided by Winona Studio Reception under these Terms. Unless other arrangements are pre-approved by Winona Studio Reception. Winona Studio Reception is not responsible for any charges or expenses (e.g., for overdrawn accounts, etc.) resulting from charges billed by Winona Studio Reception. Winona Studio Reception payments are non-refundable, but in certain circumstances credit may be applied to your future bills. All fees will be paid as set forth on our Website. All fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties. You may cancel your Service at any time by providing 30 days of advanced notice. For example, if you would like to cancel your Service on June 30, then you need to provide notice by May 30.
10. International Use. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
11. Privacy Policy. Winona Studio Reception respects your privacy and permits you to control certain aspects of the treatment of your personal information. Our complete privacy policy is posted on our Website.
12. Term and Termination. These Terms shall remain in full force and effect for so long as it is posted on our Website. You may terminate your membership for the service at any time, for any reason, by contacting Winona Studio Reception email at: help@studioreception.net. Winona Studio Reception cannot provide partial refunds for memberships that are terminated in the middle of the billing period. Winona Studio Reception reserves the right to terminate your account(s) or your access to our Website and the Service immediately, with or without notice to you, and without liability to you, if Winona Studio Reception believes that you have breached any of the terms and conditions of these Terms, furnished Winona Studio Reception with false or misleading information, or interfered with use of the Website or the Service by others. The termination of these Terms or your use of the Service will not relieve either party of representations, warranties or obligations that are intended to survive or to be performed after, the termination or expiration of these Terms or the Service. Without limiting the generality of the foregoing, along with your payment obligations, will survive termination of these Terms or termination of your use of the Service. Upon termination, your data will no longer be accessible.
13. Disclaimer of Warranties. You expressly understand and agree that: YOUR USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN ʺAS ISʺ AND ʺAS AVAILABLEʺ BASIS. WINONA STUDIO RECEPTION AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WITH RESPECT TO THE SERVICE, THE WEBSITE, AND ANY THIRD PARTY WEBSITES WITH WHICH THEY ARE LINKED.
Winona Studio Reception are not responsible for any health problems that may result from training programs, exercises, drills (alone or with a partner), products, or events you learn about on the service, or any action or inaction on your part as a result of information you have obtained from the Service. If you engage in any exercise program you receive through the Service, you agree that you do so voluntarily at your own risk, and agree to release and discharge Winona Studio Reception from any and all claims or causes of action, known or unknown, arising out of your use of the exercise program.
WINONA STUDIO RECEPTION MAKE NO WARRANTY (I) THAT THE WEBSITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR‐FREE, OR FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES); (III) REGARDING ANY RESULTS YOU MAY OBTAIN FROM THE USE OF THE WEBSITE OR SERVICE; AND (IV) THAT THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICE WILL MEET YOUR EXPECTATIONS. WINONA STUDIO RECEPTION DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALISED SETTINGS, OR OTHER DATA. ANY MATERIAL DOWNLOADED, UPLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL.
14. LIMITATION ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL WINONA STUDIO RECEPTION BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE, THE WEBSITE OR ANY WEBSITE WITH WHICH THEY ARE LINKED, EVEN IF ANY OF WINONA STUDIO RECEPTION HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF WINONA STUDIO RECEPTION TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WINONA STUDIO RECEPTION FOR THE SERVICES.
15. Exclusions and Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of these Terms remain in full force and effect.
16. Indemnity. You agree to indemnify, defend, and hold harmless Winona Studio Reception from any and all third party claims, losses, liability, damages, and/or costs (including reasonable legal fees and costs) arising from your breach of the terms and conditions of these Terms, or your infringement, or infringement by any other user of your account(s), of any intellectual property or other right of any person or entity. Winona Studio Reception will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. Additional Terms. We may also require you to follow additional rules, guidelines or other conditions (ʺAdditional Termsʺ) in order to participate in certain promotions or activities available through our Website, to obtain certain premium Content through our Website, or for other reasons. These Additional Terms will be posted on the relevant portions of our Website or on the portions of our Website that describe the specific promotions, Content, or activities. These Additional Terms are part of these Terms, and you agree to comply with them when you participate in those promotions, purchase items from our online stores, or otherwise engage in activities governed by such Additional Terms.
18. Modification and Discontinuation. We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Service or any of our Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or our Website. You are free to download your User Content at any time to provide backup.
19. Independent Contractors. No joint venture, partnership, employment, or agency relationship exists between you and Winona Studio Reception as a result of these Terms or use of the Website or the Service.
20. Entire Agreement. These Terms, together with any other terms or policies referenced herein (including without limitation the Privacy Policy and Additional Terms), constitutes the entire agreement between you and Winona Studio Reception regarding the subject matter hereof and governs your use of the Website and Service, superseding any prior agreements between you and Winona Studio Reception with respect to the Website and Service.
21. Waiver and Severability of Terms. The failure of Winona Studio Reception to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the partiesʹ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
23. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
24. Storage of Data. User logs will be kept for a minimum of three years (e.g. attendance data). Automatic system logs will be kept for six months (e.g. when a user logs in). Email logs will be stored for four weeks. Data beyond these time periods may be permanently purged.
25. Credits. In the event of a request for credit or cancellation, Winona Studio Reception will provide credit for future services. Winona Studio Reception will not provide cash refunds.
26. Questions. If you have any questions regarding these Terms, please contact us by email at help@studioreception.net by phone at +44 (0)20 7387 8885.