1. Who Are We and What This Agreement Does
1.1. We are Maestro Media Limited, 10 Kelham Gardens, Marlborough, England, SN8 1PW.
1.2. We operate a platform available at https://www.bbcmaestro.com (the "Platform") which provides individual users and business entities (“you” and “your”) with access to e-learning, informational and/or instructional audio-visual content delivered by celebrities or other well-known experts (the “Content").
1.3.1 form a binding legal agreement between you, as a user of the Platform, and us;
1.3.2 govern your use of the Platform and the terms and conditions by which you can use the Platform and purchase, subscribe for and/or access the Content;
1.3.3 apply to you if you access the Platform from United States; and
1.3.4 apply whether you access the Platform through our website https://www.bbcmaestro.com (the “Website”), via any app we might release from time to time, or through any other means. The term 'Platform' as used in this policy applies to any and all such channels.
1.4 We license you to use and access:
1.4.2 your Permitted Content (see paragraph 2.3); and
1.4.3 any other material ancillary to the foregoing, including general information on the Website,
in each case subject to the terms and conditions set out in these terms. You are not licensed or permitted to use the Platform or any Content in any other manner. The said license is restricted, personal, non-exclusive, non-transferable, and non-assignable.
1.5 If you have any questions about these terms or wish to contact us you can reach us:
1.5.1 using the 'Contact' page of the Website; or
1.5.2 by email at [email protected]
2. Purchasing The Content; Cancellation; Refunds
2.1 Most of the Content requires a fee to be paid before you can access it. This may be:
2.1.1 a fee paid for certain Content (in which case you will have purchased a one-off, personal license to view that Content according to these terms and any terms applicable to that Content or purchase which may be separately communicated to you at checkout); or
2.1.2 a fee paid for the purchase of a subscription, which will give you a limited-time license to view certain Content for as long as your subscription remains active, subject to any terms and conditions applicable to that subscription which will be communicated to you during the order process.
2.2 We may also decide from time to time to allow you to access certain Content for free (for example as part of a promotion or trial period). We can remove access to this Content at any time for any or no reason.
2.3 In these terms, the Content which you have the right to access (because you've purchased a license to access it, because you have purchased a subscription which entitles you to access it, or because we decide to offer it for free from time to time) is called "Permitted Content".
2.4 If you purchase a subscription, your subscription fees will be charged to your payment method at the beginning of each billing period. The length of the billing period depends on the subscription plan that you choose. The information about your billing period is available through your user account (the “Account”).
2.5 Unless the Permitted Content is defective (see paragraph 17.3 for more information), all payments and purchases are non-refundable and cannot be returned, except that where you purchase Content, you have a 48-hours right to change your mind and get a full refund on your Content by contacting us and letting us know that you wish to cancel the contract formed by these terms. Please note, however, that you do not have this right to cancel:
2.5.1 once a download (or stream) of any Content has started (provided you have been told this and have acknowledged it); or
2.5.2 where we have told you during the checkout process that completion of the purchase will give you the immediate right to access the Content such that you won't be able to cancel the contract and get a refund, and you have proceeded with the purchase notwithstanding such disclaimer.
2.5.3 This paragraph 2.5 does not apply to gift cards (the terms of which are covered in our gift card terms and conditions) and does not affect the rights you have in respect of defective Permitted Content as set out in paragraph 17.3 below.
2.6 Occasionally, we may offer users the ability to purchase virtual gift cards which can be redeemed for certain Content. Additional terms are applicable to the purchase of such gift cards, which are available here: https://www.bbcmaestro.com/terms#ca69.
2.7 Payment processing. We use third-party payment service providers to collect any fees due. Such providers may charge you certain fees or taxes for the processing of your payments (e.g., credit card fees); we do not reimburse any of such fees. Please check with your payment provider for further details.
2.8 Payment methods. We accept payment by the following credit or debit cards:
2.8.3 American Express.
We can remove or add accepted payment methods at any time and for any or no reason.
2.9 Prices. All prices are indicated in the United States dollars (USD) and include all applicable sales taxes, unless otherwise stated. The prices remain valid as long as indicated on the Platform.
2.10. Change in prices. The prices are subject to a change with or without a notice to you. If you hold a subscription plan, we will notify you about any intended changes no later than 30 calendar days in advance. Unless indicated otherwise, the price changes be-come effective as of the beginning of the next billing period (if you own a subscription plan). If, after receiving our notice about planned price changes, you do not agree to the changes, you can cancel your subscription through the Account.
2.11. Cancellation of subscription. If you purchase a subscription, your subscription will continue until terminated. You may cancel your subscription plan at any time through your Account or by contacting us directly. If the cancellation request is submitted at least 3 business days before the expiration of then-current billing period, the subscription will be terminated at the end of then-current billing term; if the cancellation re-quest is submitted later than 3 business days before the expiration of then-current billing period, the subscription will be terminated at the end of the next billing period. Notwithstanding paragraph 2.5, no full or partial fees already paid by you shall be re-funded or credits issued if you cancel your subscription.
2.12. Automatic renewal. Unless you submit us your request to cancel your subscription as explained in paragraph 2.11, you understand that (i) your subscription will automatically renew on a recurrent basis at the beginning of each billing period and (ii) we are authorized to charge your payment method each billing period for any fees due, including the applicable taxes. You can consult the exact billing date through your Ac-count. If you use a trial period, before the start date of the subscription, we will send an email informing you about the charges to be made, including the ongoing transaction amount and billing frequency and date. You will be allowed to easily cancel any subsequent transactions online.
2.13. Failure to charge. If we cannot charge your payment method or our charge is declined (e.g., due to the expiration of your credit card or insufficient funds), we reserve the right to retry billing your payment method a few times. If the billing is unsuccessful, your subscription will automatically cease, unless you provide us with a new payment method. You remain solely responsible for any uncollected amounts. We reserve the right to pursue any amounts due unpaid by you, including any additional fees related thereto (e.g., court costs, attorneys’ fees, collection costs, bank overdraft fees, and collection agency fees).
2.14. Incorrect billing. If you have a reason to believe that we have billed you incorrectly, please contact us immediately and no later than 60 calendar days after the billing date in order to request an adjustment or credit.
2.15. Termination of your access to the Content. We reserve the right, at our sole discretion, to terminate your access to the Content at any time, including without limitation, terminate your access to the Permitted Content or terminate your subscription. If we terminate your subscription, we will issue a pro-rated refund of your subscription fees. Please note that you will not be entitled to the said pro-rated refund if you violate any provision of these terms. If your access to the Platform is terminated due to your violation of these terms, you shall not be entitled to any refunds of the fees paid.
3. Your Privacy
3.1. Under data protection laws, we are required to provide you with certain information around our use of your personal data, including how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information before submitting any personal data to us.
3.2. Please be aware that Internet transmissions are never completely private or secure and that any message or information you send using the Platform may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3.3. If there is any inconsistency between these terms and the terms of our Privacy Notice, the Privacy Notice will prevail to the extent of such inconsistency.
4. Additional Terms
4.1. Sometimes there will be terms and conditions in addition to these terms which apply to your relationship with us, or your use of the Platform. These may include:
4.1.1 the terms and conditions of use applicable to your use of any device or web browser through which you access the Platform;
4.1.2 the terms and conditions applicable to any app store through which you obtain any of our app(s);
4.1.3 additional or bespoke terms and conditions of purchase or subscription which will be communicated to you at the point you make that purchase or subscribe for that subscription; and
4.1.4 the terms and conditions of any promotion or competition which we may run from time to time, which will be communicated to you before or when you sign-up for that promotion or competition.
5. Operating System Requirements
5.1 You must have a valid Account on the Platform in order to use it and in order to purchase and watch any Content. In addition, the Platform has the following minimum and recommended system requirements:
5.1.1 Operating systems: Windows 10 or later. Mac OS X 10.13 or later. Android 5.1.1 or later. iOS 13 or later. Supported browsers: Chrome, Firefox, Opera, Edge stable versions under two years old. Safari latest and previous stable major version. Android native.
5.2 It is your responsibility to make sure your equipment, systems and connectivity are suitable to enable you to access the Platform or the Content before you start using the Platform or obtain access to the Content. We will not be responsible for any inability to use the Platform (or any particular functionality thereof) or access any Content due to your hardware and/or software not meeting these requirements.
5.3 You are responsible for any costs or other charges or expenses from your Internet service provider or network operator in relation to your internet service, your mobile service and any use of the Platform.
6. Support For the Platform and How to Tell Us About Problems
6.1 Support. If you want to learn more about the Platform or have any problems using it, please take a look at our support resources at https://bbcmaestro.zendesk.com
6.2 Contacting us (including with complaints). If you think the Platform is faulty or misdescribed, you are having any technical difficulties, or you wish to contact us for any other reason, please contact us using one of the methods set out in paragraph 1.5 above. Please note that we operate and support the Platform and you should not contact the BBC or any other third party as they will not usually be able to assist you with your request or complaint.
6.3. How we will communicate with you. If we have to contact you we will do so by email or by pre-paid post, using the contact details you have provided to us.
6.4. Electronic communication. When you use the Platform or contact us by email or text messages, you understand that you communicate with us electronically. You hereby agree to receive electronic service-related notices from us regarding your use of the Platform, the Account, your payments, privacy and security, and other important matters. You acknowledge and agree that such electronic communication satisfies any legal requirement that such communication be in writing. You are entitled to retain copies of any communication exchanged by and between you and us for your personal records.
6.5. Commercial communication. If we have your email address or phone number and, in certain cases, if we obtain your consent, we will, from time to time, send you a news-letter or an SMS to keep you informed about our new services and special offers that may be of interest to you. If you do not wish to receive any further commercial communication from us, you can decline it at any time free of charge by clicking on the “unsubscribe” link contained in any of the newsletters or SMS or by contacting us directly.
7. How You May Use the Appp, Including How Many Devices You May Use It on
7.1 In return for your agreeing to comply with these terms you may:
7.1.1 download (in the case of an app) or stream (in the case of a website) our Platform and stream (or download, if and when we offer a 'download to own' feature) any Permitted Content through the Platform, in each case on one device at a time and for your personal, non-commercial and domestic purposes only;
7.1.2. use any documentation and material on our website(s) or app(s) to support your permitted use of the Platform; and
7.1.3 receive and use any free supplementary software code or update of any app we offer from time to time incorporating "patches" and corrections of errors as we may make available to you. We will try to undertake scheduled maintenance during times when we anticipate that online use is lower than normal. However, we may undertake emergency maintenance and/or suspend access to the Platform where we reasonably think the need to do that outweighs any inconvenience of our users (for example to fix an urgent security flaw).
8. You Must Be 18 To Accept These Terms And Purchase or Access Content
8.1 You must be 18 or over and in a capacity of forming legally binding contracts in your local jurisdiction to accept these terms, use the Platform and purchase Content.
8.2 You acknowledge and agree that certain Content may be subject to an age rating and you undertake to ensure that nobody under the required age views such Content.
9. Changes to These Terms
9.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will give you at least 30 days' notice of any change by sending you an email with details of the change or notifying you of a change when you next access the Platform.
9.3. If you do not accept the notified changes you will either: (i) be able to continue to use the Platform and access any Permitted Content in accordance with the existing terms but certain new features may not be available to you; or (ii) in certain circumstances, you will not be permitted to continue to use the Platform or access Permitted Content (in which case you may be eligible for a refund and we will contact you separately about this).
10. Update to the Platform and Changes to the Service
10.1 From time to time we may automatically update the Platform to improve performance, enhance functionality, reflect changes to our hardware or software or address security issues. Alternatively, we may ask you to update the Platform for these reasons.
10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Platform or access Permitted Content.
10.3. We reserve the right, at our sole discretion, to discontinue the Platform or change any feature or functionality thereof at any time with a prior notice to you.
11. If Someone Else Owns the Phone or Device You are Using
11.1 If you download or stream the Platform onto any computer, phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the device.
12. We May Collect Technical Data About Your Device
12.1 By using the Platform, we may collect and use technical information about the devices you use the Platform on and related software, hardware and peripherals to improve our products and to provide any Content and services to you. More information is available in our Privacy Notice. https://www.bbcmaestro.com/privacy
13. Affiliate Disclosure. We are Not Responsible for Linked Content
13.1. The Platform may contain links to other independent websites, apps and other con-tent which are not provided by us. Such independent sites (including those operated by the BBC) are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
13.2. This Platform contains affiliate links. We receive a small percentage of a final sale if you buy something after following any of those affiliate links. But your trust is of utmost importance to us. That’s why, even though we sometimes receive affiliate compensation, we always provide only our honest ratings, reviews, opinions or experiences on everything you see on our Platform.
13.3. You will need to make your own independent judgement about whether to use any third-party sites, including whether to buy any products or services offered by them.
14. Licence Restrictions
14.1 You agree that you will:
14.1.1 keep your login credentials secure, not give them to any third party, and promptly notify us if you believe that somebody else has access to them;
14.1.2. comply with our reasonably instructions regarding your use of the Platform and your use and viewing of any Permitted Content;
14.1.3. not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or any Content in any form, in whole or in part to any person with-out prior written consent from us;
14.1.4. not copy, download, lend, hire, broadcast, stream or display to the public, capture or rip, archive, share or distribute the Platform, any Content or any other materials on our website(s) or app(s), except as part of the normal and permitted use of the Platform (e.g. to use any 'download to own' feature which we may offer from time to time);
14.1.5. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform, Content or any other material on our website(s) or app(s), nor permit them (in whole or in part) to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and access Permitted Content as permitted by these terms (e.g. through a third party web browser). This includes the use of through-linking, framing and similar such methods;
14.1.6. not create or seek to create any works or materials derived from or based on the Platform or any Content;
14.1.7. not remove or seek to remove any copyright information or proprietary notic-es from the Platform or any Content;
14.1.8. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or any Content nor attempt to do any such things, except to the extent that such actions cannot be prohibit-ed by law; and
14.1.9. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform.
14.2. We use security and digital rights management technology to protect Content from unauthorized use and copying. You agree that you will not seek to obtain, view or otherwise use any Content which is not Permitted Content, and you must not penetrate, remove, or otherwise alter or interfere with any such security measures, or attempt to do so, or assist any other person in doing or attempting to do so.
14.3. The Content may be available in certain territories only. It is due to technical and other restrictions imposed by the providers of the Content. The availability of the Content vary over time and by location. We reserve the right to use technologies to verify territory in which you are based. You are not allowed to obscure or disguise your actual lo-cation.
15. Acceptable User Restrictions
15.1.1. not (and not allow any other person to) use the Platform or any Content: (i) in any unlawful or immoral manner, (ii) for any unlawful or immoral purpose, (iii) in any way which is or may reasonably be regarded as causing distress, harm or offence or being defamatory or harmful to any third party, us, our Platform, any Content or our brand, or (iv) in any manner inconsistent with these terms;
15.1.2. not act fraudulently or maliciously, for example, by using somebody else's login credentials, ripping or otherwise procuring unauthorized access or making unauthorized copies of the Content, or by hacking into or inserting malicious code, such as viruses, or harmful data, into the Platform or any Content;
15.1.3. not infringe our intellectual property rights or those of any third party in relation to your use of the Platform and any Content;
15.1.4. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the Platform;
15.1.5. not seek to block, disable, obscure or impair any promotional material, sponsorship material or advertising on our Platform;
15.1.6. not use the Platform or any Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
15.1.7. not collect or harvest any information or data (including metadata) from the Platform or our systems or attempt to decipher any transmissions to or from the servers running the Platform. This includes scraping any content, material or data on our Platform.
16. Intellectual Property Rights
16.1. All intellectual property rights in the Platform, the Content and any other materials on our website(s) or app(s) throughout the world belong to us (or our licensors) and the rights in the Platform and the Content are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform, the Content or any other such material other than the right to use them in accordance with these terms.
16.2. Without prejudice to the preceding paragraph, you acknowledge that the BBC mark and logo is used by us under license from the BBC and that you will acquire no rights in or to the same.
16.3. If you submit any user-generated content through the Platform (e.g., reviews of the Content), you grant us a non-exclusive, royalty-free, worldwide, sublicensable, and transferable, license to use, copy, store, modify, transmit and display your user-generated content to the extent necessary to provide and maintain the Platform.
16.4. Copyright infringement claims (DMCA Policy). We respect intellectual property rights. If you have any grounds to believe that any Content or any content available on the Platform violates your or third party’s intellectual property rights, please contact us by email at [email protected] In order to write a proper copyright infringement notice, please follow the below-listed steps:
16.4.1 Identify with sufficient detail the copyrighted work that you believe has been infringed;
16.4.2 Identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
16.4.3 Provide us with information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
16.4.4 Add the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
16.4.5 Add the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
16.4.6 Sign the document; and
16.4.7 Send the document to us by email.
16.5 Please note that you will be liable for damages, including costs and attorney’s fees, if you materially misrepresent that material is infringing your copyright(s). Therefore, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may need to consult a lawyer.
17. Disclaimer of Warranty; Limitation of Liability
17.1. EVERYTHING WE PROVIDE ON THIS PLATFORM IS ON AN “AS IS” BASIS, TO BE RE-LIED ON AT YOUR OWN RISK. DO YOUR OWN RESEARCH BEFORE RELYING ON ANY-THING ON THIS PLATFORM. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, SAFETY, FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE PERFORMANCE. WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CON-SEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE FEES WE RECEIVED FROM YOU, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITA-TION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
17.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. For more information regarding your rights, contact us using the details set out in paragraph 2.
17.3. Defective Permitted Content. If any Permitted Content you have purchased is faulty, you are entitled to receive a replacement copy of such faulty Content. If the fault can-not be fixed, or if it hasn't been fixed within a reasonable time and without significant inconvenience, you are entitled to a partial or full refund.
17.4. When we are liable for damage to your property. If you can show that defective Permitted Content that we have supplied damages a device or digital content belonging to you and we haven't used reasonable skill and care, we will either repair the dam-age or issue a refund. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
17.5. We are not liable for business losses. The Platform is for domestic and private use only. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.6. Limitations to the Platform. The Platform and the Content are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refrain-ing from, any action on the basis of information obtained from the Platform or any Content. Although we make reasonable efforts to update the information provided by the Platform, we make no representations, warranties or guarantees, whether ex-press or implied, that such information is accurate, complete or up to date.
17.7. Please back-up data used with the Platform. We recommend that you back up any data used in connection with the Platform, to protect yourself in case of problems with the Platform. This does not extend to you making any copy of the Content, which you do not have the right to do unless and to the extent that we offer a 'download to own' feature from time to time, and then in accordance with any additional terms which apply to that feature.
17.8. Check that the Platform and Content is suitable for you. The Platform and Content have not been developed or produced to meet your individual requirements. Please check that the facilities and functions of the Platform and the description of any Con-tent meet your requirements prior to using, purchasing, subscribing for, and accessing them.
17.9. We are not responsible for events outside our control. If our provision of the Platform or any Content is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Permitted Content you have paid for but not received.
17.10. Bugs and Errors. The Platform relies in part on software to work. Although we take care in developing and maintaining the Platform, all software has bugs or potential for bugs. We cannot guarantee that the Platform or any individual feature of the Plat-form will be error free, available all the time and/or free from viruses.
18. Deleting Your Account
18.1 You can delete your Account using the links on the user section of our Website or by contacting us. When you delete your Account, most of your personal data will be deleted (see our Privacy Notice for more information). https://www.bbcmaestro.com/privacy
18.2. If you delete your Account, your purchase history may be deleted, and this means that you will not be able to access any Permitted Content which you have previously purchased. This includes if you delete your Account before your subscription period has expired (if applicable). You waive and forfeit your rights to the Content in these circumstances and acknowledge that we will not be able to recover your Account or your access to the Content you may have purchased, even if you subsequently sign-up for a new account.
19. The Duration of These Terms
19.1 These terms constitute a contract between you and us relating to your use of the Platform and any Content which you may purchase or otherwise have access to from time to time.
19.2 That contract continues for as long as: (i) you use our Platform; or (ii) you have access to any Content (whichever is longer). You can terminate the contract sooner by deleting your Account in accordance with paragraph 18 above. We can terminate the contract sooner if you break these terms, as set out in paragraph 20 below.
20. If You Break These Terms
20.1. We may terminate the agreement constituted by these terms (and so end your rights to use the Platform and access any Content (including Permitted Content)) at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so.
20.2. If we end your rights to use the Platform or access any Content:
20.2.1. you must stop all activities authorized by these terms, including your use of the Platform and access to any Content (including Permitted Content);
20.2.2. you must delete or remove the Platform from all devices (to the extent downloaded) in your possession and immediately destroy all copies of the Platform and Content (to the extent downloaded) which you have and con-firm to us that you have done this;
20.2.3. we may, if our technology allows and without prejudice to the preceding sub-paragraphs, remotely access your devices and remove the Platform and any Content (or your right to access the same) from them and cease providing you with access to the Platform and Content; and
20.2.4 You will not be entitled to a refund of any fees paid by you.
21. We May Transfer This Agreement to Someone Else
21.1 We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
22. You Need our Consent to Transfer Your Rights to Someone Else
22.1. We are giving you personally the right to use the Platform and access any Permitted Content. Whilst you may of course watch the Permitted Content with others (but nev-er as part of a public display), you may not otherwise transfer your rights in the Plat-form or any Permitted Content to someone else, whether for money, for anything else or for free.
22.2. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
22.3. If you sell any device on which the Platform is installed or any Content is downloaded, you must remove the Platform or such Content first.
23. No Rights for Third Parties
23.1 No-one other than a party to this contract has a right to enforce these terms.
24.1 Each of the paragraphs of these terms operates separately. If arbitrator(s), court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
25. Even If We Delay In Enforcing This Contract, We Can Still Enforce It Later
25.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
26 Which Laws Apply To This Contract And Where You May Bring Legal Proceedings, Class Action Waiver
26.1. Arbitration. You agree to resolve any disputes arising out of or relating to these terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding arbitration of the American Arbitration Association in New York in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall be governed by the laws of the State of New York. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. You understand that this Section means that, by using the Platform, you agree to arbitrate, thus, waiving your rights to sue in court and have a jury trial.
26.2. Class action waiver. You acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and us otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
27. Complaints And Policies
27.1. A copy of our complaints procedure can be requested from [email protected]
27.2. Details of our policies and codes of conduct can be requested from [email protected]
MAESTRO MEDIA LIMITED GIFT CARD TERMS
V1.0 – LAST UDPATED 17 November 2021
1. These Terms
1.1 These Maestro Media Limited Gift Card Terms (the “Terms”) apply to the purchase and redemption of gift cards on the platform BBC Maestro available at https://www.bbcmaestro.com (as it may be renamed or rebranded from time to time) (the "Platform") operated by Maestro Media Limited, a company registered in England and Wales with company number 11996244 and registered office at 10 Kelham Gardens, Marlborough, England, SN8 1PW ("we", "us", "our" or "Maestro").
1.2 By 'gift cards', we mean a digital code attributable to a particular course on the Platform which can be used (subject to these terms) to redeem that course for no additional charge to the redeemer.
1.3 Maestro does not currently sell gift cards which operate as 'pre-paid' vouchers in relation to which a credit balance can be redeemed against products on the Platform generally. Each gift card can only be used to redeem the particular course for which it was purchased in accordance with these Terms.
1.4 If you purchase a gift card for somebody else, you should ensure that they are aware of these terms.
1.5 Please note that gift cards will expire if not redeemed within a certain timeframe. Please refer to clause 4.2.2 below.
2. Do any Other Terms Apply?
2.2 Personal data processed by Maestro in connection with your purchase or use of gift cards will be processed in accordance with the Privacy Notice available here. https://www.bbcmaestro.com/privacy
3. How do I use a Gift Card?
3.1 Head to https://www.bbcmaestro.com/giftcards and click the 'Have a gift card to redeem?' link. If you have an account, login. If you don't have an account, you will need to create one (for free). You will then be able to insert your gift card code to redeem the relevant course.
4.2.1 can be redeemed only once;
4.2.2. do not have an expiration date;
4.2.5 may be redeemed only against the gifted course for which the gift card was purchased, provided that:
18.104.22.168 if that course is not available at the time of redemption, a replacement course of equal value will be offered at point of redemption;
22.214.171.124 if the redeemer already owns the gifted course, a replacement course of equal value will be offered at point of redemption; and
126.96.36.199 if the redeemer already owns all courses available at the time, the gift card can be saved for future use (subject to expiry in accordance with clause 4.2.2 above) when new courses are added to the Platform, or used on a different account; and
4.2.6 can only be redeemed in the country and in respect of the version of the Platform for which they are bought (so for example, a gift card purchased in the US can only be redeemed by a redeemer located in the US and accessing the US version of the Platform).
5. Risk and Liability
5.1. As soon as you receive your gift card, the risk (including for loss, destruction, theft or unauthorised use) associated with the gift card passes to you. In particular and with-out limitation, you are responsible for maintaining the secrecy and confidentiality of your gift card code. Maestro cannot be held liable for any loss, destruction or theft of gift cards, any use of gift cards without your consent, or your failure to keep gift card codes confidential.
5.2. Nothing in clause 5.1 excludes or limits Maestro's liability should any unauthorised access or use of gift cards be caused wholly or primarily by it (for example, due to a system security breach within its reasonable control).
5.3. To the extent permitted by law, Maestro's liability in respect of your purchase, or use (or attempted or prospective use) of gift cards:
5.3.1. will be limited to the amount of the pre-payment you have made on the gift card; and
5.3.2. will exclude all indirect, consequential, special or punitive loss or damage.
6. Fraud prevention
6.1. We have the right to suspend use of gift cards if we know, or have a reasonable basis to suspect, that:
6.1.1. a gift card has been obtained dishonestly or fraudulently;
6.1.2. a person redeems or attempts to redeem a gift card dishonestly or fraudulently; or
6.1.3. any person using or attempting to use a gift card is doing so in circumstances where our systems are being hacked, subverted or otherwise misused.
7. Refunds and Returns
7.2. Gift cards have no cash value other than to be applied as payment for the courses available on the Platform in accordance with these Terms. They must be applied at the point of purchase and cannot be applied to previous purchases.
7.3. Any refunds of products bought using gift cards will be refunded as a gift card balance only.
8. Ending this Contract
8.1. These Terms constitute a contract between you and us relating to the purchase and use of any gift cards. That contract begins on the date of purchase of a gift card and ends:
8.1.1. when you redeem the gift card; or
8.1.2. if the gift card expires in accordance with clause 4.2.2.
8.2. You can terminate this contract sooner on 30 days' notice by contacting us, but please note that by doing so you:
8.2.1. will not be entitled to a refund (other than in the circumstances described in clause 7.1); and
8.2.2. no longer have any rights under these Terms, and in particular will no longer have the right to redeem the gift card.
8.3.1. will not be entitled to a refund (other than in the circumstances described in clause 7.1); and
8.3.2. no longer have any rights under these terms, and in particular will no longer have the right to redeem the gift card.
9.1 If you have any questions about these Terms or gift cards, please contact Maestro by email at [email protected]
9.2 If any provision of these Terms shall be found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable under the law of any jurisdiction, such illegality, invalidity or unenforceability shall not affect the legality, validity or enforceability in that jurisdiction of the other provisions of this agreement or the legality, validity or enforceability in any other jurisdiction of that provision.
9.3 These terms are governed by the federal laws of the United States (including the Federal Arbitration Act) and the laws of the state of Washington, without regard to principles of conflict of laws.
9.4. You agree to resolve any disputes arising out of or relating to these terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the binding arbitration of the American Arbitration Association in New York in accordance with its rules for arbitration.
9.5 These paragraphs 9.3 and 9.4 do not affect any statutory rights that you are entitled to as a consumer (e.g., to bring action in court). You may be entitled to other consumer protection rights under the laws of your local jurisdiction.
9.6 If you are not happy with how we have handled any complaint, please contact us and we will advise you regarding whether we offer any forms of alternative dispute resolution and how to follow up on your complaint. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. It won't prevent you from bringing legal proceedings.