Effective date: 5 July 2021
Last updated: 28 August 2024
These Terms & Conditions (“Terms”) apply to The Choral Hub Ltd trading as Biiah (collectively, “Biiah”, “we”, “us”, or “our”) websites at https://biiah.com/ and https://singforce.com and any other websites and apps on which these Terms are posted, including our mobile application (the “App”)(collectively, the “Site”).
The Choral Hub is a company which provides resources, blogs, and an educational/wellness app for singers called Biiah (the “Services”). Our contact details are set out at the end of these Terms.
By using this Site, you signify your agreement to these Terms.
We may modify these Terms at any time. If we make a material change to these Terms, we will notify registered users by email. Your continued use of the Site and our Services following the posting of revised Terms means that you accept and agree to the changes. You should visit this page periodically to review these Terms.
We may change our Services to reflect changes in relevant laws and regulatory requirements, to improve security of our Services, or to update digital content provided it matches the description we have given you.
- General
These Terms were last updated on 28 August 2024. The Services are only available to legal residents of the United Kingdom. Our mobile app is for those aged 18 and above and is available in iOS operating system 13.4 and above and Android operating system 8.0 and above.
- Your account
Some of our Services permit or require you to register and create an account to participate. You agree to provide, maintain, and update accurate, current and complete information about yourself by our registration process. You must not share your account details with any third party.
You agree to notify us promptly using the contact details listed at the end of these Terms of any unauthorised use of your account details, including your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site or our Services.
- Rights granted
3.1 Unless otherwise indicated, the Services and all content, information and other materials on our Service, including our trademarks and logos, the visual interfaces, graphics, design, information, software, computer code, services, text, images, sound files and any other files, and the selection and arrangement thereof (collectively, the “Materials“) are protected by relevant intellectual property rights and laws. All Materials contained on our Services are our property and/or that of third party licensors.
3.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to make use of our Services and a limited, non-exclusive, non-transferable, revocable licence to make personal, non-commercial use of the Materials. We reserve all rights not expressly granted in these Terms.
3.3 You agree not to remove, obscure or alter any of the Materials appearing on our Services. You may not sell, license, distribute, copy, modify or otherwise make any derivative use of, publicly perform or display, transmit, publish, edit or adapt the Materials. If we find that you have made unauthorised use of the Materials found on this Services we may terminate this licence at any time (and without notice).
4. Your use of our services
4.1 The Services are provided free of charge to end-users (may not be the case when provided to organisations or groups). You are responsible for the internet connection or mobile charges that you may incur for accessing or using our Services. If you are unsure what these charges will be, you should ask your mobile operator or internet service provider before you access and/or use our Services.
4.2 You promise that all the information you provide to us on accessing and/or using our Services is true. You agree that when you create an account with us, you shall take all steps necessary to protect your login details and keep them secret. You agree that you shall not give your login details to anyone else or allow anyone else to use your login details or account.
4.3 We may suspend, restrict or terminate your account and your access to our Services with or without notice if we believe that you have breached these Terms or applicable laws. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
4.4 You agree that you will not:
a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use our Services for any unlawful purposes including to upload, share or submit content that is or may be interpreted as obscene, indecent or unlawful;
b) disrupt or interfere with our Services or networks or servers that provide our Service;
c) attempt to access the accounts of other users or upload, share or submit content containing any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
d) disable or modify any copy protection technology used on our Services nor alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Services; nor
e) collect, harvest or ‘scrape’ any data from any web pages contained in our Services.
5. Limitation of liability
5.1 Nothing in these Terms limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law. Consumers are also entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms shall have the effect of excluding or limiting those statutory warranties which may not be excluded or limited under applicable law. For further information about your legal rights, contact your local authority (for example, in the United Kingdom, this includes the Trading Standards Department or Citizen’s Advice Bureau).
5.2 Save as set out in 4.1, to the extent permitted by law, we do exclude all conditions, warranties, representations or other terms which may apply to our Services or any content on it, whether express or implied. We will not be liable to you for any lack of performance, or the unavailability or failure of any of our Services, or for any failure by us to comply with these Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. Any liability we do have for losses you suffer is limited to losses that were foreseeable, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is only foreseeable where they could be contemplated by you and us at the time of you agreeing to these Terms.
5.3 We will not be liable for any damage that may be caused to any device on which you access or use our Services that is caused in any way by our Services, unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the Services. We assume no responsibility for the content of websites linked on our Site or on our Services. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
5.4 There may be times when our Services or any part of it is not available for maintenance or technical related reasons, whether on a scheduled or unscheduled basis.
5.5 To the extent permitted by applicable law in no event will we be liable to the users’ employers or organisations, where our Services are used at a workplace, for any indirect, special, consequential or pure economic losses, costs, damages, charges or expenses of any kind arising out of or in connection with these Terms (whether in warranty, contract or tort, including negligence, delict, or product liability even if informed about the possibility thereof), including without limitation medical expenses, legal fees, loss of revenue or profits (whether direct or indirect), loss or interruption of business, loss of goodwill, loss of anticipated savings, loss of use, or loss or corruption of data or information.
6. Other important terms
6.1 We collect personal information about you through your use of our Services. See our Privacy Policy at biiah.com/privacy-policy/ for further information.
6.2.1 this sub-section applies to the extent you are using our mobile application(s) on an iOS device in connection with the Services. These Terms are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the Services and the content thereof;
6.2.2 the licence granted to you to use the Services is a non-transferable license to use the Services on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service;
6.2.3 Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;
6.2.4 we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;
6.2.5 Apple is not responsible for addressing any claims relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
6.2.6 in the event of any third party claim that the Services or your possession and use of the Services infringe that third party’s intellectual property rights, we not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and
6.2.7 Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof;
6.2.8 this sub-section applies to the extent you are using our mobile application(s) on an Android device in connection with the Services. These Terms are concluded between you and us only, and not with Alphabet Inc., and we, not Alphabet Inc., are solely responsible for the Services and the content thereof.
6.3 If any part of these Terms is deemed to be unenforceable the enforceability of any other part of these terms will not be affected.
6.4 This contract is between you and us and we are the only beneficiaries of these Terms. If permitted under applicable law, we may transfer our rights and obligations under the contract to another organisation. This will not affect your rights or our obligations under these Terms. All other transfers of rights and obligations must be agreed with us in writing prior to the transfer taking place. Provisions which by their terms or intent are to survive termination of these Terms and will do so.
6.5 If we delay exercising or fail to exercise or enforce any right available to us under these Terms, such delay or failure does not constitute a waiver of that right or any other rights under these Terms.
6.6 These Terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.
6.7 Unless you are domiciled in Northern Ireland or Scotland in which case the local courts and law shall have jurisdiction, these Terms between you and us shall be governed by and interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have non-exclusive jurisdiction to resolve any claims, disputes or disagreements relating to these Terms.
7. Termination
These Terms shall continue in full force for as long as you have an account with us. You may close your account at any time by accessing the “Profile” page. We may terminate your account for your breach of the Terms or applicable laws with or without notice. We may also terminate your account for no reason by giving you 30 days written notice. Your employer may end their engagement with us which may also result in closure of your account.
8. How to contact us and further information
8.1 If you have any feedback, questions or complaints or any requests for technical support, then please e-mail us at: feedback@biiah.com.
8.2 The Services are operated by The Choral Hub Ltd (registered in the UK with company number: 12418248) located at: Office 259, 23 King Street, Cambridge, CB1 1AH
