Terms of Use

Terms and Conditions of Use

Dance Knowledge (ABN 19 204 274 636) (Dance Knowledge), owns, operates and maintains this Website, www.danceknowledge.com, www.danceknowledge.thinkific.com, all sub-domains and the content contained therein, and asserts its copyright.

1. Accessing this Website

1.1 By accessing this Website, Users agree to be bound by these Terms and Conditions of Use. If Users do not agree with any of these terms and conditions, Users are prohibited from using or accessing the Website or accessing the Services. The materials contained in this website are protected by applicable intellectual property law.

1.2 Use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.

1.3 Dance Knowledge may in its sole and absolute discretion, for any reason or no reason, and without notice:

(a) alter or withdraw any functionality on the Website;

(b) withdraw or suspend access to all or any part of the Website and any Account;

(d) subject to any applicable laws, treat any material that Users transmit or display as non-confidential and non-proprietary; and

(e) edit or remove any material that Users may have uploaded, posted, emailed or otherwise transmitted to the Website.

2. Services provided by Dance Knowledge

2.1 Dance Knowledge operates the Website as an online platform for the provision of Programs for dance professionals. Dance Knowledge sells a Licence to access a Program and Materials to Licensees via a Listing, in accordance with these Terms and Conditions.

3. User License - Website

3.1 Permission is granted to temporarily download any of the Website materials on the website for personal, non-commercial transitory viewing only.

3.2 This is a grant of a license, not a transfer of title, and under this license Users may not:

(a) modify or copy the materials;

(b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(d) remove any copyright or other proprietary notations from the materials; or

(e) transfer the materials to another person or "mirror" the materials on any other server.

3.3 A User’s license under this clause shall automatically terminate if that User breaches any of these Terms and Conditions of Use. In addition, Dance Knowledge may at its discretion, terminate the licence. Upon termination of the licence, that User will have no right to view the Website or any of the content therein and that User must destroy any downloaded materials in that User’s possession or control, whether in electronic or printed format.

4. Use of the Website

4.1 Users must not, in connection with the use of the Website, act in a manner which:

(a) is contrary to any law or any third party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third party’s rights;

(b) may result in damage to the Website or any property or equipment of Dance Knowledge, its directors, employees, contractors or agents;

(d) endangers the health or safety of any person;

(e) may cause an interference to any business conducted by Dance Knowledge;

(f) upload, post, email or otherwise transmit any of the following to, or through, the Website:

(i) confidential material;

(ii) misleading or deceptive material;

(iii) material which the User does not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or

(iv) material which contains a virus, or other harmful or potentially harmful code;

(g) alter, damage or delete any material on the Website;

(h) hold yourself out as having any authority to act on behalf of us; or

(i)collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.

4.2 Users must obey any lawful instruction of Dance Knowledge in using the Website.

4.3 Users consent to Dance Knowledge’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.

5.Accounts

5.1 In order to purchase a Licence, a User must first register a personal, individual account by creating a username and a password and by providing such information as may be required by Dance Knowledge from time to time, including the User’s real name, contact telephone number, billing address, bank account details and a valid credit or debit card that Dance Knowledge approves and accepts.

5.2 Account names must not be:

(a)misleading or deceptive;

(b)offensive;

(c)in violation or any law or third party rights.

5.3 Dance Knowledge may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.

5.4 Users are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.

6.Programs & Listings

6.1 Dance Knowledge may, at its sole discretion and for any or no reason, delete, edit, modify, reformat, convert, excerpt, or translate any material or content related to a Program or Listing.

6.2 Dance Knowledge may at its sole discretion for any reason or no reason, terminate any Program or Listing at any time without notice to you.

6.3 Dance Knowledge takes all reasonable steps to ensure that the Programs offered on the Website meet the CPD requirements of, and is recognized by, the specific Accrediting Body described on the Listing. However, CPD requirements change from time to time at the discretion of the Accrediting Body and Users should satisfy themselves of the applicability of the Program to their practice and should ensure that Programs meet their individual CPD requirements by consulting the respective Accrediting Body before purchasing a Licence. Dance Knowledge makes no representation and gives no warranty that a Program will meet all or any requirements of an Accrediting Body for all purposes or at all times.

7.Licence – Program and Materials

7.1 On payment of the Price, the Licensor grants to Licensee and Licensee hereby accepts, subject to the limitations and obligations of this agreement, a personal, non-exclusive, non-transferable licence to access and use the selected Program and Materials for theterm stated on the Listing.

7.2 The Program and Material contain copyrighted and/or proprietary information protected by the laws of Australia and/or international laws and treaties. The Licensor retains all rights in, title to, and ownership of the Program and Materials. The Licensor gives no rights or warranties with regard to the use of any objects, names, trademarks, service marks, or works of authorship depicted in any Program.

7.3 The selected Program and Material is provided for Licensee's exclusive use. Licensee does not have the right to provide the Program or Materials to others in any form or on any media.

7.4 This is a grant of a license, not a transfer of title, and under this license, Licensees may not:

(a) modify or copy the Program or Materials

(b) use the Program or Materials for any commercial purpose, or for any public display (commercial or non-commercial);

(e) transfer the Program or Materials to another person or "mirror" the Program or Materials on any other server.

7.5 A Licensee’s license under this clause shall automatically terminate at the expiry of the access period stated in the Listing or if that Licensee breaches any of these Terms and Conditions of Use. Upon termination of the Licence, that Licensee will have no right to access the Program, Material or any of the content therein and that Licensee must destroy any downloaded materials in that Licensee’s possession or control, whether in electronic or printed format.

8. Licensees

8.1 Licensees should carefully read the full Listing details for each Program and Licence before buying a Licence.

8.2 Licensees click to buy a Licence, enter and/or confirm payment information and confirm the purchase of the Licence. Upon confirming a purchase, the Licensee is committing to a contractual obligation to buy the selected Licence for the Price, and to make such additional payments as may be required, including those imposed by Dance Knowledge, its payment partners and the Licensee’s financial institution.

8.3 Prices displayed on a Listing include all applicable GST, and may be subject to third party transaction fees.

8.4 Different Prices may be applicable for single Program and multiple Program purchases, or for access over a fixed time period.

8.4 All payments shall be made in Australian dollars. If prices are displayed in foreign currency, conversion or service fees may be incurred.

8.5 To the fullest extent permitted by law (and subject to rights under the Australian Consumer Law rights) all Licence purchases are final and no refund or exchanges will be provided by Dance Knowledge.

8.6 Nothing in this clause 8 is intended to limit, or limits, any rights Licensees may have under the Competition and Consumer Act 2010 (Cth) (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.

8.7 Licensees may raise a dispute on the following grounds:

(a)The Program does not match the information provided on the Listing;

(b)The Program is invalid or is otherwise not authentic;

(c)The Licensee is not permitted to use the Program on the basis of the authenticity or validity of the Program.

8.8 Licensees shall not raise a dispute where:

(a) The Program matches the information provided on the Listing;

(b) The Program is valid, but cannot be used by the Licensee due to an incompatibility or limitation of the Licensee’s software or hardware;

(d) The Licensee was subject to an additional fee or charge in relation to the Program or the use of the Program where the possibility of an additional fee or charge was disclosed in these Terms and Conditions of Use or the Listing.

8.9 Notices of disputes must be made to Dance Knowledge as soon as is reasonably practicable but no later than 48 hours after the Program has been discovered to be affected by a matter set out in 8.7.

8.10 All disputes should be raised via methods and using such forms as may be determined by Dance Knowledge from time to time.

9.Privacy

9.1 Users agree that their personal information will be collected, handled, used and stored in accordance with Dance Knowledge’s Privacy Policy, which can be accessed at http://danceknowledge.thinkific.com/pages/privacy.

9.2 Without limitation to the terms of Dance Knowledge’s Privacy Policy, users agree to the collection and storage of the following personal and sensitive information, including:

(a) Identifying information such as name and date of birth;

(b) contact information such as home address, home and mobile phone numbers and email address;

(d) information about involvement in other programs you participate in or memberships you may have.

9.3 Dance Knowledge may use personal information collected from Users to provide Users with information, updates and our services. Dance Knowledge may also make Users aware of new and additional products, services and opportunities available to Users, provided by Dance Knowledge, our partners, service providers and customers. Dance Knowledge may use Users’ personal information to improve our products and services and better understand Users’ needs.

9.4 Dance Knowledge may contact Users by a variety of measures including, but not limited to telephone, email, sms or mail.

9.5 Dance Knowledge may disclose a User’s personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, service providers customers or subcontractors insofar as reasonably necessary for the purposes set out in Dance Knowledge’s Privacy Policy. Personal information is only supplied to a third party when it is required for the delivery of our services, or for marketing purposes.

10.Users’ Intellectual Property

All material and content posted or submitted by a User on the Website are the intellectual property of that User. However, each User grants a free and irrevocable licence in perpetuity to Dance Knowledge and its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and services offered by Dance Knowledge, its related bodies corporate, partners, advertisers, suppliers or contractors.

11. No warranties and limitation of liability

11.1 To the extent permitted by law, Dance Knowledge excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Dance Knowledge is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Dance Knowledge’s liability is limited (to the extent permitted by law) at its option to the following:

(a) in the case of goods supplied or offered by it:

(i) to the supply of those goods again; or

(ii) to the payment of the cost of having those goods supplied again; or

(b) in the case of services supplied or offered by it:

(i) to the supply of the services again; or

(ii) to the payment of the cost of having services supplied again.

11.2 Dance Knowledge, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of:

(a) a User’s use of or inability to use the Website or a Program,

(b) any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website or a Program;

(c) any information available on or through the Website or on or through any website to which there is a link from the Website; or

(d) Dance Knowledge’s negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.

11.3 Users indemnify Dance Knowledge, its related bodies corporate, their officers and employees, and service providers) from and against all:

(a) liability to any third party;

(b) damage to property; and

insofar as the injury, damage or other liability, damage or loss is attributable to that User’s negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.

12.Revisions and Errata

The materials appearing on Dance Knowledge’s website could include technical, typographical, or photographic errors. Dance Knowledge does not warrant that any of the materials on its website are accurate, complete, or current. Dance Knowledge may make changes to the materials contained on its website at any time without notice. Dance Knowledge does not, however, make any commitment to update the materials.

13. Links and Advertising

Dance Knowledge has not reviewed the sites linked to or from the Website or third party advertising. All links and advertising provided are for Users’ convenience only, and Dance Knowledge is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Dance Knowledge of the site. Use of any such linked website or advertising is at the User's own risk.

14.Website Terms of Use Modifications

Dance Knowledge may revise these terms of use for its website at any time without notice. By using this Website, Users are agreeing to be bound by the then current version of these Terms and Conditions of Use.

15. Governing Law

Any claim relating to these Terms and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of Western Australia, Australia without regard to its conflict of law provisions, and Users agree to submit to the jurisdiction of the Courts of that State.

16.Severance

If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.

17.Definitions

Account has the meaning set out in 5.1.

Accrediting Body means one or more of the following, as indicated in a Listing on the Website:

(a)The Royal Academy of Dance

CPD means the Continuous Professional Development education and training required by an Accrediting Body.

Program means a CPD Program or individual units thereof consisting of videos, presentations, Material or any other content which may be recognized or accredited in whole or in part towards the satisfaction of annual CPD requirements regulated by an Accrediting Body.

Licence means a licence granted to use a Program in accordance with Dance Knowledge’s End User Licence Agreement as amended from time to time.

Licensor means Dance Knowledge ABN 19 204 274 636.

Licensees means a User that acquires or seeks to acquire a Licence.

Listing means a listing on the Website displaying the Program and related information including the price of the licence, descriptions and links to the Program and Material.

Material means any text, content, data or information provided to the Licensee under the Licence which is downloadable for the Licensee’s personal use.

Price means the price set by Dance Knowledge for the licensing of a Program in accordance with the End User Licence Agreement.

Website means the domain http://www.danceknowledge.com, www.danceknowledge.thinkific.com and all sub-domains.

Services means the provision of online CPD Programs for dance professionals.

User means any person accessing the Website or Services provided by Dance Knowledge.