SigmArt – Terms of Use
Last updated 1st September 2023.
These are the terms and conditions of SigmArt Ltd, a company registered in England and Wales under company number 14366982 with its registered office at 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF (“we”, “us” or “our”).
These terms and conditions explain the terms under which you:
- Visit our website at https://www.sigmart.net (the “Website”) and our platform at https://webapp.sigmart.net/home (the “Platform”);
- Subscribe to and access content on our Platform via a subscription (“Subscription”)
- Purchase tickets to watch live events on the Website (“Tickets”). (together, the “Services”).
When you use our Services, you are deemed to have accepted these terms and conditions in their entirety and you agree to comply with them. If you don’t accept them, you must not use our Services. We may amend these terms and conditions from time to time, and so you should check the ‘last updated’ date each time you use our Services.
1. SUBSCRIPTIONS
1.1. About our Subscription: With an active Subscription, you will have access to watch all content on our Platform on demand, subject to these terms and conditions.
1.2. Creating an account: You must be at least 18 years old to use and create an account on the Platform and start a Subscription, and have legal capacity to enter into a legally binding contract with us. You have permission for temporary use of the Platform, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.
To enable you to create an account, you will need to provide various information, including your name, email address, phone number and your card details for payment purpose. We will process this personal data in line with our privacy and cookie policy.
1.3. Privacy of your account: You must keep all security information confidential. We have the right to disable your security information if we believe you have failed to maintain confidentiality.
You are not permitted to share access to your account and the Platform with any other person. The Platform is licensed only to you, and you cannot sell or transfer it. You must comply with the law and these terms and conditions when using the Platform. Failure to do so may result in suspension or termination of your Subscription without liability to you.
1.4. Term of the Subscription: The Subscription will start on the date that you make payment, and will continue on an ongoing basis until you cancel your Subscription via your account.
1.5. Subscription Fees: The Subscription Fees are collected by Stripe from the payment method connected with your account. By signing up to a Subscription means that you consent to Stripe collecting the Subscription fees on the same date each month until you end your Subscription. You should read Stripe’s terms and conditions and privacy statements as these will apply to your purchase of a Ticket. These can be found here: https://stripe.com/. It is your responsibility to ensure that your payment method is kept up to date and that payments can be taken on each due date.
Please note that the Subscription Fees exclude VAT, which is not currently chargeable, and any additional charges that may be applied by third party platforms necessary to access the Platform, including without limitation Apple TV and Android. Any change to the Subscription fees will be notified to you in writing at least 30 days before the upcoming changes. You can choose to cancel your Subscription in line with clause 1.7 if you do not agree with the changes proposed, and you will then not be affected by the change.
1.6. No access to Events: It is important that you understand that Tickets to Events (“Ticketed Shows”) are not included in your Subscription and must be purchased separately. Please refer to clause 2 of these terms and conditions for more information.
1.7. Cancelling your Subscription: You can cancel your Subscription at any time through the Platform, and your Subscription will then end at the end of the month.
1.8. Changes to Subscription Fees: We reserve the right to change our Subscription Fees at any time, but we will give you at least 30 days’ notice by email of any upcoming changes. You can choose to cancel your Subscription in line with clause 1.7 if you do not agree to the change, and you will then not be affected by the change.
1.9. Subscription Restrictions: There are certain rules to following in respect of the Platform and the content we make available on it. The Platform content is made available for your own personal, non-commercial use only. You are not permitted to. During your Subscription, you are granted a limited, non-exclusive, non-transferable right to access the Platform and the content made available on it. You are not permitted to:
- (a) sell, license, share, reproduce, modify or otherwise use any content made available on the Platform;
- (b) copy, reverse engineer, or recompile the Platform;
- (c) use any automated means including, without limitation, robots, spiders, or scraper to access the Platform, nor inserting any code in into the Platform; or
- (d) use data mining, data gathering or extraction methods on the Platform.
We reserve the right to terminate your Subscription without liability to you and take legal action against you for a breach of these restrictions.
1.10. Viewing content on the Platform: For you to be able to view the content made available on the Platform, you will need an active internet connection at all times. We make no guarantees about the quality of your display or the speed at which the content streams to your device, as this is affected by factors outside our control, including your internet connection, location, and bandwidth.
2. TICKETS TO EVENTS
2.1. Definitions: In these terms and conditions, the following terms have the following meanings:
- “Event” means the event(s) being live streamed on the Platform;
- “Organiser” means the organiser of the Event; and
- “Ticket” means the electronic ticket to watch the Event.
2.2. Ticket Purchases: To purchase a Ticket through the Website, you must first create an account on the Website and be at least 18 years of age. Tickets are sold subject to availability and to these terms and conditions. To purchase a Ticket, you must follow the instructions on the Website, and you must provide us with accurate and complete information during the Ticket purchase process. The currencies we accept are as stated on the Website. You will be required to provide all payment details to Stripe, the third party payment processor. You should read Stripe’s terms and conditions and privacy statements as these will apply to your purchase of a Ticket. These can be found here: https://stripe.com/.
Once your payment has been processed, you will receive an email with your Ticket. Please ensure that your email address is correct, as we cannot accept any liability if the Ticket does not arrive to you due to your error or omission. It is your responsibility to keep your Ticket safe and secure. We will not be liable for any loss or damage to your Ticket.
We are permitted to sell Tickets globally and, in case of any geographical restriction, we will communicate this specifically for each show.
2.3. Event Access: Your Ticket grants you access to watch the live stream of the Event. It does not grant you any rights to attend the Event in person. We will provide you with instructions on how to watch the Event. For those with Subscriptions, we may make the Event available for free or discounted, but this is not guaranteed.
You are responsible for ensuring that you have the necessary equipment and internet connection to watch the Event. We will not be responsible for any issues or delays caused by your internet connection or equipment.
We reserve the right to refuse you access to watch the Event if we have reason to believe that you are in breach of these terms and conditions. The Organiser reserves the right to suspend or cancel the Event if it experiences technical difficulties or if it reasonably believes that the Event is likely to be disrupted or compromised.
2.4. Continued Access: The recording of the Event will be available to you through your account on the Website for a certain number of months after the Event, as stated specifically for each show.
2.5. Ticket Refunds and Exchanges: Tickets are non-refundable and non-exchangeable, except as set out in these terms and conditions or as required by law. If the Event is cancelled or rescheduled by the Organiser, we will provide you with a refund or exchange as required by law. We will not be responsible for any other costs or expenses that you incur as a result of the cancellation or rescheduling of the Event.
2.6. Event Changes: The Organiser reserves the right to make changes to the Event, including the program, performers, and venue. We will provide you with notice of any material changes to the Event as soon as practicable. We will not be responsible for any other costs or expenses that you incur as a result of changes to the Event.
3. WEBSITE AND PLATFORM TERMS OF USE
3.1. Use of our Website and Platform: Our Website and Platform are provided free of charge, but we cannot guarantee its continuous availability. We may suspend or restrict access to the website for business reasons, and we will aim to give you notice of any such changes. It is your responsibility to ensure that anyone using our website through your internet connection complies with our terms and conditions.
3.2. Privacy of accounts: If you are given a user identification code, password, or any other security information, you must keep it confidential and not share it with others. We may disable your access if we believe you have violated our terms and conditions.
3.3. Compute misuse: When using our Website and Platform, you are not allowed to text or data mine, or web scrape. This means you shouldn’t use any automated tools or programs to access or copy any part of our Website or Platform, or any data, content, information, or services accessed through our Website or Platform. Additionally, please don’t use our Website or Platform in any illegal or malicious manner or attempt to collect any information or data from our systems. We reserve the right to take action against any such activity.
3.4. Links to or from our Website or Platform: Links to third-party websites are provided for informational purposes only, and we do not endorse or control the content on those websites. You may link to our Website or Platform home page as long as it is done in a fair and legal manner. You must not create a link that suggests association or endorsement where none exists. We reserve the right to withdraw linking permission.
4. GENERAL LEGAL TERMS
4.1. Intellectual property rights: We own (or have licensed from others) all intellectual property rights such as copyrights, trademarks, and trade secrets. You are not allowed to use, copy, or reproduce, license, lease, alter, modify, disassemble, reserve engineer, or create a derivative version of our intellectual property without our prior written consent. By using our Services, you don’t get any rights or licenses to our Services, or any content we post on it, except for the limited right to use our Services in accordance with these terms and conditions. If you have infringed our intellectual property rights, we can take legal action against you.
4.2. Force Majeure: Where an event outside our control occurs, this is a “force majeure event” and includes, but isn’t limited to, storm, fire, earthquake, an act of God, a natural disaster, a failure of electricity or power supplies, epidemic, pandemic, government rules, regulations or guidance, or a failure of a third-party supplier to do as they’re contracted to do. Where a force majeure event occurs, we are excused from performance under these terms and conditions, and we won’t be liable to you for our failure to perform. We will use our reasonable efforts to continue our obligations under these terms and conditions as soon as we are able to after the force majeure event has stopped.
4.3. Limitation of liability: We won’t be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between you and us.
Except to the extent expressly set out in this clause, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
Nothing in these terms and conditions seeks to limit or exclude our liability for: (i) death or personal injury caused by our negligence (including that of our employees, agents or subcontractors); (ii) fraud or fraudulent misrepresentation; (iii) breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; (iv) defective products under the Consumer Protection Act 1987; or (v) any other matter in respect of which liability cannot be excluded or restricted by law.
Our total liability to you for all other losses arising out of or in connection with your use of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to directly foreseeable loss if you are a consumer, and £500 if you are a business.
4.4. Indemnification: When using our Services, you agree to protect, indemnify and hold us harmless from any liabilities and expenses, such as claims, damages, legal fees, and costs. This includes anything related to the use of our Services, except if it results from a breach of our terms and conditions or our own misconduct. By using our Services, you release us from any legal actions or claims that may arise from your use of our Services.
4.5. Data Protection: We comply with applicable data protection legislation, including the retained EU law version of the General Data Protection Regulations (2016/679) and the Data Protection Act 2018. We will only use your personal data as set out in our privacy and cookie policy.
4.6. Changes to these terms and conditions. We reserve the right to change and amend these terms and conditions from time to time. You should check back regularly to ensure you are reading the most up to date version of these terms and conditions, as the same will apply to your use of our Services at all times.
4.7. No waiver. No failure or delay by us in exercising any of our rights under these terms and conditions shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of these terms and conditions shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
4.8. Severance. In the event that one or more of the provisions of these terms and conditions are found to be unlawful, invalid, or otherwise unenforceable, that or those provision(s) shall be deemed severed from the remainder of these terms. The remainder of these terms and conditions shall be valid and enforceable.
4.9. Entire agreement. These terms and conditions and any other document specifically referred to herein contains the entire agreement between us and you with respect to its subject matter and formation. These terms supersede and extinguish any and all previous agreements, representations, warranties, promises, assurances, and understandings between us and you relating to its subject matter and formation.
4.10. Third party rights. No one else besides you and us has any rights under these terms and conditions.
4.11. Applicable Law. These terms and any non-contractual obligations arising hereunder, shall be governed by, and interpreted according to English law and all disputes arising under these terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.