_edited.png)
Terms & Conditions of Use
1. Acceptance of Terms
THESE TERMS & CONDITIONS (the “Terms”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“customer”, “user”, “you”, “your”) AND SING UP FOUNDATION (“Sing Up Foundation”, “we”, “us”, “our”) governing your use of the Sing Up Foundation website www.singupfoundation.org (“Site”, “website”), which includes but is not limited to products, software, and services offered by way of the website, and other Membership services.
​
Please review the Terms fully before you use the Site and Services or create an account. By using the Site and Services, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site, Shop, or individual Services. If you do not agree, please discontinue the use of the Site, Shop, and Services.
2. Changes and Updates
2.1. Changes to the Terms. The published date (“Last Updated Date”) states when the Terms were last modified. Sing Up Foundation may change the Terms at any time for a variety of reasons, including but not limited to reflecting changes to the business, applicable law, Services, Site functionality. It is your responsibility to review the Terms regularly. At Sing Up Foundation’s discretion, if an amendment to the Terms includes a substantial change, Sing Up Foundation will notify you. This may be done via email, notification on the Site, or via publishing a news article or blog post. The most current version of the Terms will always be posted on the Site and will be effective as of the Last Updated Date. Your continued access or use of the Site and Services after the Last Updated Date indicates your acceptance of the Terms as modified.
​
2.2. Changes to the Site and/or Services. Sing Up Foundation changes and improves the Site and/or Services on a regular basis, which may add, alter, or remove functionality at any time without prior notice. Sing Up Foundation also reserves the right to withdraw, limit, or suspend access to the Site and/or Services at any time and without notice. Sing Up Foundation will not therefore accept any liability in case of temporary or indefinite unavailability of the Site and Services. At Sing Up Foundation’s discretion, if changes to the Site and Services are of substantial impact and if practicable under the circumstances, Sing Up Foundation will endeavour to notify you before changes take effect.
​
2.3. Changes to songs and other content. Sing Up Foundation reserves the right to make changes to or remove songs and other content without prior notification. Sing Up Foundation has no obligation to continue to make available any particular song, resource, or content which has appeared on the Site previously.
3. Disclaimers and Limitations of Liability
3.1. Availability. Please note that the Site and Services are provided on an "AS IS" basis and it is not technically possible for us to guarantee or warrant that this Site and Services will be bug-free, error-free, uninterrupted, or offered indefinitely. You understand and accept that this Site and Services may be inaccessible on occasions due to essential maintenance or technical difficulties or discontinued at any time and without prior notice. Sing Up Foundation will not therefore accept any liability in case of temporary or indefinite unavailability of the Site and Services. Sing Up Foundation have made and will continue to make reasonable efforts to prevent Site and Services unavailability and we endeavour, at Sing Up Foundation’s discretion and if practicable under the circumstances, to notify you of the unavailability or discontinuation.
​
3.2. Information posted on the Site or in any communication. The information posted on the Site or in any communication, which we may send to you in accordance with our Privacy Notice, is indicative only and is not intended to be representations or advice on which you should solely rely. Whilst Sing Up Foundation makes reasonable efforts to check the accuracy of information provided on the Site or in any communication, it is nonetheless provided on as "AS IS" basis. Sing Up Foundation will not therefore accept any liability for any errors or omissions. If you are in any doubt as to the accuracy of information made available on the Site or in any communication, we recommend you seek verification by contacting us.
​
3.3. Third party resources. The Site and Services may contain links to websites operated by third parties. Sing Up Foundation does not imply endorsement in any way of the third-party websites, and has no control over these websites, the contents within these websites, or the Privacy Notice of these websites. Sing Up Foundation will therefore accept no liability in this respect.
​
3.4. Events outside of Sing Up Foundation’s control. Sing Up Foundation will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Terms that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:
​
i. Strikes, lock-outs or other industrial action.
ii. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
iii. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
iv. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
v. Impossibility of the use of public or private telecommunications networks.
vi. The acts, decrees, legislation, regulations or restrictions of any government.
Sing Up Foundation’s performance under the Terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
3.5. Limitation of Liability. Sing Up Foundation accepts no liability for losses you suffer as a result of us breaking the Terms of this agreement including deliberate breaches. You expressly acknowledge and agree that Sing Up Foundation shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sing Up Foundation has been advised of the possibility of such damage). This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
​
3.6. Extent of Liability. Sing Up Foundation's Site and Services act entirely independently from Sing Up's Site and Services. Sing Up Foundation accepts no liability for Sing Up's Site and Services.
4. Ownership and Intellectual Property
4.1. Sing Up Foundation’s proprietary rights. Sing Up Foundation is the owner or the licensee of all intellectual property rights within the Site and Services (including any content made available through the Site and the underlying source code) that is protected by applicable intellectual property and other laws. You acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Site and Services or advertisers is protected by third party copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Sing Up Foundation or advertisers, you agree not to reproduce, duplicate, copy, modify, rent, lease, loan, sell, resell, distribute, exploit or create derivative works based on the Site and Services in whole or in part. This includes the sharing of content on Virtual Learning Environments.
​
Sing Up Foundation grants you a non-transferable and non-exclusive right and licence to use the Site and Services for its intended purpose, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the websites for purposes prohibited by these Terms; to compete with Sing Up Foundation; to create derivative works based on the content of the websites; or download or copy the Site other than page caching.
​
If you use the Site in a manner that exceeds the scope of this license or you breach these Terms, Sing Up Foundation may deactivate your account and revoke the Membership license granted to you and your organisation, and may take appropriate legal action against you.
​
4.2. Linking to the Site and or Services. Sing Up Foundation may authorise you to create a link to the Site and Services provided always that it is done fairly and legally. However, Sing Up Foundation will not accept the following:
​
i. 'framing' of a part of our Site and Services on any other website
ii. any suggestion that Sing Up Foundation in some way endorses or sponsors your website or your activities, or that there is a formal relationship of any kind between you and Sing Up Foundation unless this is true.
​
Sing Up Foundation may withdraw any authorisation in relation to linking at any time and without notice.
5. Privacy and Security
5.1. Privacy Notice. Sing Up Foundation is committed to protecting your privacy and maintaining the security of any personal information received. Our Privacy Notice forms part of the Terms and you hereby acknowledge and agree that your personal data received through the use of this Site and Services will be handled in accordance with our Privacy Notice.
​
5.2. Security. Sing Up Foundation stores and processes your data in a manner consistent with industry standards. Sing Up Foundation has implemented appropriate technical, organisational, and administrative systems, policies, and procedures to help ensure the security, integrity, and confidentiality of your data and to mitigate the risk of unauthorised access. Further details on the security of the Site are detailed within our Privacy Notice. You agree that you will not do anything or allow anything to be done to compromise the security of this website.
​
5.3. Your responsibility. If you have a Sing Up Foundation user account with which you access the Site and Services, you agree to
​
i. provide true, accurate, current, and complete information about yourself and your organisation as prompted by the registration form(s) ("Registration Data");
ii. maintain and promptly update the Registration Data to keep it true, accurate, current, and complete;
iii. keep safe the Registration Data.
You should not share your Sing Up Foundation user account and are responsible for any activity occurring in your account, whether authorised by you or not. You agree to
iv. immediately notify Sing Up Foundation of any unauthorised access to your account or any other breach of security;
v. exit from your account at the end of each session using the ‘log out’ button;
vi. defend, indemnify, and hold harmless Sing Up Foundation from any loss or damage arising from unauthorised use of your Registration Data.
​
5.4. Children. The Sing Up Foundation Site and Services are not intended for use by children under the age of 18. If you are a child under the age of 18, you may not use the Site and Services. By using the Site and Services, you represent and warrant that you are not a child under the age of 18.
6. Sing Up Foundation Account
6.1. Sing Up Foundation user account. When signing up with Sing Up Foundation as a member of staff or independent provider, a user account (“Sing Up Foundation user account”, “Sing Up Foundation user”) is created. This is a single-user Membership account. Sing Up Foundation user accounts are not subject to an expiry date and will remain registered until the account is closed either by yourself or by Sing Up Foundation (subject to 6.3 or 6.4).
​
6.2. Sing Up Foundation and Sing Up accounts. Sing Up Foundation accounts apply to use of Sing Up Foundation Site and Services only. There is no relationship or connection between Sing Up Foundation and Sing Up user accounts and/or memberships.
​
6.2. Account Management and Use. The Sing Up Foundation user owning the single-user Membership account is the account administrator and is responsible for
​
i. providing true, accurate, current, and complete information about the single-user Membership account as prompted by the registration form(s) ("Account Data");
ii. maintaining and promptly updating the Account Data to keep it true, accurate, current, and complete.
​
It is against the Terms to allow anyone else other than the account owner access to the single-user Membership account and Membership benefits.
​
The single-user Membership account holder is responsible for any activity occurring on their Membership account, whether authorised or not, and agrees to
​
iii. immediately notify Sing Up Foundation of any unauthorised access to the Membership account or any other breach of security;
iv. defend, indemnify, and hold harmless Sing Up Foundation from any loss or damage arising from unauthorised use of your Account Data.
​
6.3. Termination of Sing Up user account. By you. The Membership period does not have any termination date.
​
In accordance with our Privacy Notice, requests to terminate a Sing Up Foundation user account may be made any time. To terminate a Sing Up Foundation user account, the account holder should contact Sing Up via the contact form.
​
Sing Up Foundation will permanently terminate a Sing Up Foundation user account and remove user data to the extent permissible by applicable law.
​
6.4. Termination of Sing Up Foundation user account. By Sing Up. In accordance with our Privacy Notice and best practice with regards to data protection laws, Sing Up Foundation will terminate a Sing Up Foundation user account after inactivity of two years or longer. A Sing Up Foundation user account termination actions the permanent deletion of user data to the extent permissible by applicable law. A notification as well as reminders will be sent via email to the registered email address, asking the Sing Up Foundation user account owner to login to their Sing Up Foundation user account in order to keep access to the Sing Up Foundation user account and avoid its termination.
​
6.4. Violation of Terms. In its sole discretion, without liability to you or any third party, and with or without notice, Sing Up Foundation reserves the right to
i. suspend or terminate your Sing Up Foundation user account and the Membership account you access on a temporary or permanent basis,
ii. suspend or terminate any of your passwords or accounts (or any part(s) thereof or related files and information),
iii. remove and discard any of your content,
If Sing Up Foundation believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected abuse of the Site, the Services, and benefits given with Membership or without, will be followed up. In the event where a breach of the Terms is confirmed, Sing Up Foundation reserve the right to terminate Membership.
​
The responses described in this paragraph are not limited, and Sing Up Foundation may take any other action we reasonably deem appropriate in connection with any breach of these Terms, and Sing Up Foundation may use whatever information that is available about you to stop any further infringements. This may include disclosing any relevant information to the relevant law enforcement authorities.
​
6.5. Disputes. In the event of any disputes arising, Sing Up Foundation will endeavour to provide analytical information on your usage for purposes of clarification, but has no liability to do so. Sing Up Foundation will not be held responsible for any disputes that arise as a result of usage by users who have been authorised to access the Site and Services via a Membership account.
7. Sing Up Foundation Training
7.1. Sing Up virtual training events and webinars. From time to time Sing Up Foundation may offer training in the form of virtual training events or webinars. The event topic, delivery staff, date, time, price, access depending on Sing Up Foundation account type, and other event attributes, are as advertised with the event. The event’s terms and conditions will apply.
​
Sing Up Foundation reserve the right to cancel, reschedule, or make amends to virtual training events or webinars, including but not limited to the date, timings, content, access and delivery staff. It is the participant's responsibility to ascertain whether a virtual training event or webinar has been amended, rescheduled, or cancelled, and to rebook for any new dates, if provided. Sing Up Foundation will use reasonable endeavours to notify participants in good time of changes to virtual training events or webinars.
​
7.2. Training videos. Access to high quality video content is provided in the form of training videos, documentaries, and how-to guides through the Site. Assess to training videos is provided as stated on the Site and may depend on the Sing Up Foundation account type. Sing Up Foundation will endeavour to provide the highest quality content. Sing Up Foundation reserves the right to change, modify, or discontinue any aspect or feature of our video content at any time.
​
7.3. Face-to-face training events. From time to time Sing Up Foundation may offer face-to-face training events. The event topic, delivery staff, date, time, price, access depending on Sing Up Foundation account type, and other event attributes, are as advertised with the event. The event’s terms and conditions will apply.
​
Where Sing Up Foundation provides training directly, Sing Up Foundation reserve the right to cancel, reschedule, or make amends to face-to-face training events, including but not limited to the venue, location, timings, content, delivery staff, etc. It is the participant's responsibility to ascertain whether a face-to-face training event has been amended, rescheduled, or cancelled, and to rebook for any new dates, if provided. Sing Up Foundation will use reasonable endeavours to notify participants of changes to face-to-face training events in good time.
​
Where Sing Up Foundation promotes or endorses training delivered by, or in conjunction with, a third party, Sing Up Foundation will not be held responsible for the content or any changes, amendments or cancellations.
8. Governing Law and Juristiction
8.1. All of the Terms are governed by English Law and any disputes arising out of any transaction with Sing Up Foundation are subject to the exclusive jurisdiction of the English Courts.
​
8.2. If any of these terms are determined to be illegal, invalid or otherwise unenforceable, then to the extent in which that term is illegal, invalid, or otherwise unenforceable it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
9. Governance and Registered Office
9.1. Sing Up Foundation is a charity registered in England & Wales (Charity Number 1172438).
​
9.2. Sing Up Foundation is part of the 'Sing Up Group', and is managed a business by Sing Up Limited, Gateshead International Business Centre, Mulgrave Terrace, Gateshead, NE8 1AN, United Kingdom.
​
9.2. Sing Up is registered in England as a company limited by guarantee. Company number: 10201901.
​
9.3. Sing Up is registered for VAT. VAT registration number: GB 301 784 226.