Terms of Use

SYDNEY DANCE COMPANY TERMS OF USE

Welcome to Sydney Dance Company. Our website www.sydneydancecompany.com and its associated domains and apps (“ Sites ”) are operated by Sydney Dance Company (collectively, “ SDC ”, “ us ”, “ our ” or “ we ”).

SDC delivers various services and functions, including, but not limited to, promoting and selling tickets to our
productions, taking bookings for our dance studio, PPY program, dance lessons and classes, membership
services, promoting and seeking support of donors and supporters, and selling merchandise (“ Services ”). The
Services can be delivered via the Sites, over the telephone or in person at our premises, with the location of our
premises being subject to change at SDC’s discretion.

By accessing or using our Sites and/or Services, you agree to be legally bound by the following terms and
conditions (the “ Terms of Use ”).

Please read these Terms of Use carefully. If you do not agree with any part of these Terms of Use you should
refrain from using the Sites and/or Services. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use of the Sites and/or Services constitutes your acceptance of those changes.

It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to
abide by them and be bound by them. If you do not agree to be bound by or abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Sites and/or Services.

1. Access and Use

   1.1 You must not use the Sites and/or Services, in any manner or for any purpose which is unlawful or contrary to these Terms of Use.
   1.2 SDC reserves the right to elect not to provide the Services to you, process any order you place or allow you access to the Sites, as a result of any conduct that SDC, in its sole discretion, believes may breach the law, infringe these Terms of Use, violate the rights of SDC or third parties, or is otherwise inappropriate for continued access and use of the Sites and/or Services.
   
   

2. Classes On Demand Subscriptions and Purchases

   2.1 There is no minimum term for Online Subscriptions (Classes On Demand); you may cancel at any time.
   2.2 During the term of your Classes On Demand Subscription, you shall be entitled to access unlimited online pre-recorded dance classes only (this does not include in studio classes, courses, master classes, special workshops, youth classes or school holiday workshops) (“Classes On Demand Benefits”).
   2.3 Your access to the Classes On Demand Subscriber Benefits cannot be transferred to another party. You may not share or give your password or username to any other person or entity. Excessive viewings or logins by any Subscriber will be construed by SDC as fraudulent use of the Online Studio, which will result in the immediate cancellation of your subscription without refund. When becoming a subscriber you agree to take all actions possible to protect your username and password from fraudulent use.
   2.5 Your Online Subscription will include eligibility to receive information about other promotional discounts or benefits ("Promotional Benefits") at SDC’s sole discretion. SDC reserves the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Benefits in our sole discretion. Promotional Benefits may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms of Use. 
   2.6 By participating in SDC Classes On Demand, you agree and acknowledge the following terms and conditions:
   a) Online dance classes can involve risk of personal injury, and that risk is accentuated by participation outside the controlled environment of our own studios. While SDC takes all reasonable care in the conduct of its classes, it accepts no responsibility for injury or loss caused during the classes or whilst participants are participating in an online class session; 
   b) You or your legal guardian are responsible for ensuring that you are physically and medically fit for the class; 
   c) During the class you must take care at all times of your own personal safety; 
   d) Students must not attempt an online class, or any part of a routine, that is beyond their level of ability; 
   2.7 Payment for Online Subscription:
   (a) By subscribing to an Online Subscription and providing us with your valid credit card details, you authorise us to charge you at the current rate on a monthly, quarterly or annual basis in accordance with the payment terms found at Section 8: Payment (“Payment Terms”).
   (b) Your billing cycle will begin on the date that you sign up for your Online Subscription and will be renewed on the same date each month, quarter or year (your “Billing Cycle”). 
   (c) You may incur additional fees for late or declined payments, in accordance with the Payment Terms. 
   (d) Unless cancelled by you in accordance with Section 2.9 below, your Online Subscription will continue, and you will continue to be charged the applicable current fee for each Billing Cycle in accordance with the Payment Terms. 
   (e) We may increase the subscription fees for Online Subscription at any time by giving you at least one (1) month notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice). 

   (f) You must inform SDC of any change in your contact details, bank accounts or credit card details for payment, as well as in relation to any other information relevant to your Online Subscription. 

   (g) All purchases are final, non-refundable and non-transferable. 
   2.9 Cancellation: 
   (a) You may cancel your Online Subscription at any time, for any reason, through your account settings in your online subscription. Click Dashboard then Purchases.  Underneath your Subscription you will see  a Cancel Subscription button.  Click here. A pop up will appear for you to cancel your subscription.  

   (b) If you cancel your subscription before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not be eligible for any credit or refund for unused access.   

   (c) Upon cancellation taking effect, your Online Subscription and access to the Subscriber Benefits shall cease.  

   (d) SDC reserves the right to terminate your account or your access to Online Classes immediately, with or without notice to you, and without liability to you, if SDC believes that you have breached any of the terms of this Agreement. 

   (e)When you close or deactivate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us. 
   2.10 SDC reserves the right to change the terms and conditions of Online Subscription and the Subscriber Benefits at any time, at its sole discretion. We will notify you of any change prior to the date such change comes into effect via email sent to the email address you provided when creating your Online Subscription. If any such change has a materially detrimental effect on you, you may cancel your Online Subscription in accordance with Section 2.11 below.  
   2.11 If you wish to cancel your Online Subscription as a result of changes to terms and conditions of Online Subscription and the Subscriber Benefits and in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about the changes along with reasonable explanation of the reasons that the changes have or will have a materially detrimental effect on you. Your cancellation will be effective as of the date of any such change, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
   2.12 Online Community (Content) 

   (a) You are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Sydney Dance Company Classes on Demand community. SDC does not control the Content posted by any Subscribers and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will SDC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 

   (b) You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: 

   • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

   • harasses or advocates harassment of another person; 

   • exploits people in a sexual or violent manner; 

   • contains nudity, violence, pornography, sexually explicit material or offensive subject matter; 

   • provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; 

   • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 

   • violates any intellectual property or other proprietary right of any third party, including Content that – – promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 

   • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; 

   • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 

   •  furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or – – providing or creating computer viruses; 

   • solicits passwords or personal identifying information from other Subscribers; 

   • involves commercial activities and/or sales without SDCs prior written consent, such as contests, – – sweepstakes, barter, advertising, and/or pyramid schemes; 

   • includes a photograph of another person that you have posted without that person’s consent or otherwise –  constitutes an invasion of an individual’s privacy or infringement of publicity rights; 

   • denigrates, ridicules, or demeans another person; or 

   • contains a virus or other harmful component. 

   (c) You acknowledge that SDC may or may not pre-screen Content posted on the SDC Community page and that SDC is not responsible for behaviour or comments of teachers and/or students and/or music on the Online Studio, but that SDC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, SDC shall have the right to remove from the Online Studio any Content that violates this Agreement or is otherwise objectionable in the sole discretion of SDC If you become aware of misuse of the Service by any person, please contact SDC.  
    

3. Payment 

   3.1 SDC accepts payment online via Uscreen for Classes On Demand (Stripe), via the iOS app and via Google Play store for Classes On Demand subscription. 
   3.2 By purchasing a product via our Sites and/or Services, you agree to provide the full payment for a product through our Sites and/or Services at the time of your purchase.
   3.3 All prices listed or specified via the Sites and/or Services:
   a) are in Australian dollars unless otherwise specified;
   b) are fixed once your order has been confirmed, subject to payment being made at the time of purchase (unless expressly approved otherwise by SDC); and
   c) may change, at SDC’s discretion, without notice.
   3.4 By making a purchase via the Sites and/or Services, you undertake and warrant that:
   a) all information you have provided for the purpose of purchasing the product/s is correct and not misleading;
   b) you are fully entitled to use the payment card or account used to pay for the your order; and
   c) have sufficient funds in your payment card or account to cover the proposed payment.
   
   

4. Minors 

   SDC content is not directed to persons under eighteen (18) years of age. You must be 18 years of age or older to subscribe to SDC Classes on Demand. While individuals under the age of 18 may access and participate in the classes, they may do so only with the involvement of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms of Use.  The Online Community is not for persons under eighteen (18) years of age.  
   
   

5. Your Personal Information and Privacy

   4.1 SDC’s Privacy Policy ( See Below ) forms part of these Terms of Use, and includes important information about how we may retain and use personal information about you gathered in the course of your engagement with the Sites and/or Services. 9.2 By using this Sites and/or Services, you consent to SDC retaining and using your personal information in accordance with our Privacy Policy.
   
   

6. Competitions and Promotional Offers

   5.1 SDC may use the Sites to run competitions and other promotional offers. You acknowledge that by participating in such competitions and promotional offers, you have read and agree to be bound by any additional terms and conditions applicable to those competitions and promotional offers. Terms and conditions specific to each competition are available on the Competitions and Promotional page of the SDC Site.
   
   

7. Intellectual Property

   6.1 We are the sole and exclusive owner or authorised licensee of our content on the Sites and shared via the Services, including, but not limited to visual and/or interactive elements, graphics, videos, audio, choreographic elements, design, code, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights associated with SDC throughout the world. 11.2 You do not have any rights, title or interest, including, but not limited to copyright, or other content incorporated into the Sites and/or Services. 11.3 Nothing displayed on the Sites and/or Services should be construed as granting any right of use in relation to any intellectual property displayed on the Sites and/or Services without the express written consent of SDC, except to the limited extent provided for under these Terms of Use.
   
   

8. Disclaimer

   7.1 You use the Sites and/or Services at your own risk.
   7.2 Notwithstanding anything in these terms of use and to the maximum extent possible at law, we exclude all liability:
   a) whatsoever in relation to your use of the website or any breach of these terms of use;
   b) arising from any cancellation, modification, error or interruption in the sites and/or services, whether caused by us or not;
   c) arising from any defect, corruption, attack, virus, trojan horse, interference, hacking or other security or technical intrusion in connection with the sites and/or services;
   d) whatsoever in relation to your reliance on the accuracy, completeness or professional soundness of the content of our sites and/or services;
   e) whatsoever in relation to any cancellation, loss, damage, injury in relation to any ticket purchase, performance, purchase or class.
   
   

9. Liability and Indemnification

   8.1 Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from:
   a) your use of the Sites and/or Services;
   b) breach of these Terms of Use and/or any warranty contained herein by you or your representative; or
   c) use of the Sites and/or Services by you on behalf of any other person.
   8.2 To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:
   a) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or
   b) in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.
   8.3 In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Sites and/or Services.
   
   

10. Modification of Sites and Services

    We reserve the right to modify, including but not limited to the right to discontinue, the Sites and/or Services.
    
    

11. Severability

    In the event that any part of these Terms of Use is held to be unenforceable, that part will be severed and the remaining provisions will remain in full force and effect.
    
    

12. Entire Agreement

    These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons.
    
    

13. No waiver

    No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.
    
    

14. Governing Law

    These Terms of Use are governed by the laws of New South Wales and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.
    
    

15. Contacting Us

    If you have any concerns or complaints about these Terms of Use or you think that the Sites and/or Services has been accessed or used by another user in breach of the Terms of Use, please email us at administrator@sydneydancecompany.com.