606 Online Terms and Conditions

1. INTRODUCTION
We will provide you with a subscription service that allows you to access music in the form of Live Streams, video, audio and other related digital content streamed over the internet via your computer or device. Our service(s) or your subscription means the service provided by us for providing you with access to all our digital content, depending on your chosen subscription tier.

These are the terms and conditions on which we supply our services, including streaming of digital content, to you. Please read these terms and conditions carefully before you sign up for any subscription. In these terms and conditions, ‘we’, ‘us’ or ‘our’ means 606 Club LLP, trading digitally as 606 Online: and ‘you’ or ‘your’ means the person subscribing to our services.
 
2. ABOUT US – AND CONTACTING US
We are registered in England and Wales under company number OC329339. Our registered office is at 90 Lots Road, London, England, SW10 0QD. Our VAT number is GB 976 7796 32. You can contact us by e mailing us at jazz@606club.co.uk or by sending a letter to our registered office. If we have to contact you, we will do so by telephone (where provided) or by writing to you at the email address you provided to us when you created your account.
 
3. THESE TERMS AND CONDITIONS ARE LEGALLY BINDING
3.1 If you subscribe to our services, you agree to be legally bound by these terms and conditions. If you do not agree to these terms and conditions, then you must not use our services. Use of our services and content is for personal and non-business use only. These terms and conditions are only available in English. No other languages will apply to these terms and conditions.
3.2 Our services, websites and third party apps are not intended for the use of children. If you are under the age of 18 you must have parent or guardian consent to subscribe to our services.
3.3 When you subscribe to our services, you also agree to be legally bound by the following, which form part of these terms and conditions:
•    Any extra terms which may add to or replace some of these terms and conditions from time to time. This may happen for as we update our services or if there are any changes to the law, for example.
•    Specific terms which may apply to certain digital content and streaming or other related options and
•    our Privacy Policy.
3.4 When we make material changes to these terms and conditions, we will provide you with appropriate notice, either by displaying a prominent notice on our website or by sending you an email. In some cases, we will notify you in advance, and you will be deemed to accept any changes by your continued use of our services after such changes have been made.
 
4. YOUR PRIVACY AND ACCOUNT INFORMATION
You are responsible for any account you have created with us. You must ensure that you control access to and use of your account. You must also ensure you control any devices that are used to access our services and ensure that you do not reveal your password or any payment details to anyone. You are solely responsible for any activity that occurs through your account. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, available at www.606club.co.uk/privacy-policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
 
5. HOW YOU CAN SUBSCRIBE TO OUR SERVICES FOR THE PROVISION OF DIGITAL CONTENT
In this section, we set out how a legally binding contract is made between us.
5.1 You choose your preferred subscription tier. You must check the terms of any specific subscription before completing your subscription to check any restrictions of limitations to such content.
5.2 As further explained in section 6 below, we may occasionally offer different subscription tiers, including special offers or free trials. You should check the specific conditions of your subscription or any special promotions upon sign-up. You can find specific details regarding your existing subscription by visiting our website and/or logging into your account.
5.3 When you finalise your 606 Online: Premium membership online, at the end of the online subscription process (e.g. when you click on SUBMIT PAYMENT), we will acknowledge it by email.
5.4 Our initial email acknowledgement to you does not, however, mean that your subscription has been accepted. We may contact you to say that we do not accept your subscription request. This is typically because the subscription that you are signing up for is unavailable, we cannot authorise your payment, you are not allowed to enter into a subscription with us or there has been a mistake on the pricing or description of our services or subscriptions.
5.6 We will supply our services, and access to the digital content to you until your subscription expires or is terminated in accordance with these terms and conditions.
 
6. TRIALS
6.1 Any trials are offered in our sole discretion. We may decide whether you are eligible or entitled to a trial, or withdraw or change the terms and conditions of any trial, at any time and at our sole discretion.
6.2 You should carefully check the specific conditions of any trial or any other promotion you sign-up for.
6.3 If you do not want to be charged for a trial, you must ensure that you cancel any applicable fee-paying subscription before the end of the trial period, as communicated to you on sign-up.
 
7. SUBSCRIPTIONS, BILLING, PAYMENT AND CANCELLATION
7.1 Our Free subscription, known as 606 Online: Live, does not require payment.
7.3 Our fee-paying subscription, known as 606 Online: Premium Membership, is available only on an annual basis. For more information, please visit www.606club.co.uk/membership-options/become-an-online-member/
7.4 We may change the price for our fee-paying subscription and will communicate any price changes to you in advance and, if applicable, how you can accept those changes.
7.5 Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use our services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from your current subscription prior to the price change going into effect or simply by not renewing your subscription.
7.8 You may terminate your subscription with us at any time. For more information about how to terminate your subscription, please contact us at jazz@606club.co.uk
7.9 If you terminate your fee-paying subscription, known as 606 Online: Premium Membership, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid. In the event of cancellation not related to your right to cooling off (see section 8 below), you may be responsible for paying the entirety and/or remainder of your current fee-paying subscription period.
7.10 This section does not affect your statutory rights. More details on how you can learn about your statutory rights can be found at section 16.2.
 
8. FEE-PAYING SUBSCRIPTIONS – NO RIGHT TO CANCEL OR CHANGE YOUR MIND ONCE STREAMING STARTS
8.1 If you register for a fee-paying subscription, known as 606 Online: Premium Membership, you have the right to change your mind for any reason and receive a full refund of any subscription fees that you have paid within fourteen days starting from the date on which you received the Confirmation Email. This is known as a cooling off period. You accept that your right to this cooling off period is cancelled once you use our services or start to stream digital content during that period.
8.2 If you sign up for a trial (see section 6), you agree that the Cooling-off period for the fee-paying subscription you are trialing ends fourteen days after which you received the Confirmation Email confirming your trial. If you don’t cancel before your trial ends, you lose your right of cooling off in respect of the trial and any follow-on subscription, and you accept that you will be automatically charged at the price of the relevant fee-paying subscription you accepted on sign-up to the trial, until you cancel your subscription.
 
9. UPDATES TO DIGITAL CONTENT
We may update any digital content supplied to you at any time, provided that the digital content shall always match the description provided to you before you signed up to our services.
 
10. PERMISSION TO USE THE DIGITAL CONTENT AVAILABLE THROUGH YOUR SUBSCRIPTION
10.1 We do not own any of the digital content that we provide to you through your subscription. To be able to provide you with such digital content, we have obtained permission to do so (also known as a licence) from the artists and/or relevant third parties. We act as Agent for the relevant artists or third parties featured on our site and as such you accept and give permission for us to distribute the monies collected on accessing such digital content to those artists and/or related third parties.
10.2 When you subscribe to our services you will not own any digital content you have access to. Instead we give you a limited, non-exclusive, non-transferable right to access our service and use and enjoy our digital content according to these terms and conditions. You will not obtain any rights of ownership or other rights (of whatever nature) in any digital content or in any copies of it. You must not conceal, change or remove any markings which show who owns any digital content such as copyright (^©), registered trademark (^®) or unregistered trademark (^™) markings.
 10.3 You acknowledge, understand and accept that any charges levied for access to our Digital content are inclusive of Credit card processing fees.

11. USE OF OUR SERVICES
11.1 Your subscription must not be used for public performance. Your subscription and access to and use of the digital content is personal and exclusive to you and you are therefore not permitted to transfer it to any other third party. Accordingly, no other person shall have any rights to enforce your subscription or these terms and conditions.
11.2 Our provision of subscriptions and digital content is non-exclusive to you. This means we may supply the same or similar subscription services and digital content to other users. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if we plan do to this.
11.3 Your use of the subscription, our website and any related third party apps and digital content may not be:
•    changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from our services, website or any content except where any of this is allowed by law);
•    combined or merged with, or used in, any other computer program; or
•    distributed or sold by you to any third party.
 
12. QUALITY OF OUR STREAMING SERVICES AND DIGITAL CONTENT
12.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that our digital content and streaming services are of satisfactory quality, are fit for purpose and matches the description provided to you.
12.2 We must provide you digital content that complies with your legal rights. When we supply the digital content, we will use all reasonable efforts to ensure that it is free from defects, viruses and other malicious content. However, we do not promise that it is compatible with any third-party equipment except where we have said so on our website, and you acknowledge that there may be minor errors or bugs in it.
12.3 To avoid faults in the digital content happening, you must install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that such updates are available.
12.4 The quality of the sound and display of our digital content may vary from one device to another, and may be affected by a variety of factors, including your location, your bandwidth and the speed of your internet connection.

13. SUSPENSION AND TERMINATION BY US
13.1 These terms and conditions will continue to apply to you until suspended or terminated. If these terms and conditions or your subscription terminates, it will not affect our right to receive any money which you owe to us under these terms and conditions.
13.2 We will take all commercially reasonable efforts to ensure that our services remain in operation but sometimes you may experience temporary interruptions. Reasons we may suspend your access to our services include to allow us to deal with technical problems or make minor technical change and to allow us to update our services and content to reflect changes in relevant laws and regulatory or contractual and licensing requirements.
13.3 We may also terminate these terms and conditions and your subscription, or suspend your access to our services and digital content at any time, including in the event of your actual or suspected unauthorised use of to our services and digital content or failure to comply with these terms and conditions.
13.4 We may also suspend or terminate these terms and conditions and your subscription or if we withdraw our services and digital content, provided that we give you reasonable notice before doing so. Notwithstanding the foregoing, if you have paid for a subscription that we permanently discontinue (prior to the end of your paid-up subscription period), we will refund you the portion of any pre-paid subscription amounts after our services are permanently discontinued.
13.5 If we terminate these terms and conditions, or we suspend your subscription or access to our service and digital content, notwithstanding clause 13.4, you accept that we shall have no liability or responsibility to you, and that (to the extent permitted by law) we will not refund any amounts that you have already paid.
 
14. LIMIT ON OUR RESPONSIBILITY TO YOU
14.1 If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms and conditions or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you took out your subscription, both we and you knew it might happen, for example, if you discussed it with us.
14.2 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, breach of privacy laws or any other liability which the law states we cannot exclude or limit.
14.3 If defective digital content which we have supplied as part of your subscription damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow providers installation instructions. Furthermore, we are not responsible for the cost of repairing any pre-existing faults or damage to your device or in any of your pre-existing digital content.
14.4 We only supply our services and digital content for domestic and private use. If you use our services or digital content for commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
 
15. THINGS THAT ARE OUTSIDE OF OUR CONTROL
We are not responsible for delays outside our control. If your access to our services and content 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 minimise 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 subscription and receive a refund for any subscription you have paid for but not received access to.
 
16. IF YOU ARE NOT SATISFIED WITH OUR SERVICES
16.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the digital content, our services, your subscription or any other matter, please contact us and we will try to resolve the matter as soon as possible, and in the event of any dispute, using our internal complaint handling procedure.
16.2 For more detailed information on your rights and what you should expect from us, please contact us using the contact details at the top of this page or visit the Citizens Advice website: www.citizensadvice.org.uk or call 03454 04 05 06.
 
17. THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS AND WHERE YOU MAY ISSUE LEGAL PROCEEDINGS
17.1 These terms and conditions and the provision of our services and content are governed by English and Welsh law and you can bring legal proceedings in respect in the English courts.
17.2 If you live in Scotland you can bring legal proceedings in respect of these terms and conditions and our services and content in either the Scottish or the English courts.
17.3 If you live in Northern Ireland you can bring legal proceedings in respect of these terms and conditions and our services and content in either the Northern Irish or the English courts.