Dancefitnessfun website standard terms and conditions

1. Introduction

These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.

2. Conditions of Registration

The Dancefitnessfun website at www.dancefitnessfun.com.au and related mobile applications are owned and operated by Rock Wallaby Enterprises Pty Ltd of PO Box 3151 Bellevue Hill NSW 2023. By accessing this website or registering as a member on this website or by clicking “I accept” you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By accepting services from this website you represent that you are at least 18 years old and if you are registering on behalf of a minor, that you are their legal guardian.

If you do not agree to these Terms and Conditions, then you should not use this Website or download and/or use our Mobile Applications. To become a registered user, you must complete the registration process by providing Rock Wallaby Enterprises Pty Ltd with current, complete and accurate information as prompted by the relevant registration form. Rock Wallaby Enterprises Pty Ltd reserves the right to reject any application for registration.

3. Access to particular services

Certain services available through the Website and/or Mobile Application and certain parts of this Website and/or Mobile Application (including the Online Service Payment Process) are available only to users who register for those services, or who register for access to those parts of the Website and/or Mobile Application and obtain a Username and password. If you register for such services or access, and are issued with a Username, you will be responsible for all use of these services and this Website and /or Mobile Application through use of your Username and password.

4. Intellectual Property Rights

All copyright and other intellectual property rights in the Website, Mobile Applications and all associated content is owned by Rock Wallaby Enterprises Pty Ltd unless the content is identified as being the property of another party. Other than content you own, which you may have opted to include on this Website, under these Terms, Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website

5. Restrictions

No part of this Website or our Mobile Applications may be:

 Distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
 Resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form), without Rock Wallaby Pty Ltd’s express prior written permission or, in the case of content owned by Rock Wallaby Enterprises Pty Ltd’s content suppliers, the relevant content supplier's express prior written consent.

You are expressly and emphatically restricted from all of the following:

1. publishing any Website material in any media;
2. selling, sublicensing and/or otherwise commercializing any Website material;
3. publicly performing and/or showing any Website material;
4. using this Website in any way that is, or may be, damaging to this Website;
5. using this Website in any way that impacts user access to this Website;
6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
8. using this Website to engage in any advertising or marketing;

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Certain areas of this Website are restricted from access by you.

Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality of such information.

6. Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd a non-exclusive, worldwide, irrevocable, royalty-free, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. 

Your Content must be your own and must not be infringing on any third party’s rights. Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

7. Password and security responsibilities

You are responsible for keeping your password secure and secret. The password you select should not relate to any readily accessible data such as your name, birth date, address and telephone number, driver's licence or passport. Neither should it be an obvious combination of letters and numbers such as sequential or the same numbers. If you believe an unauthorised person knows your password, you must notify us immediately and change your password as soon as possible.

8. Payment

You will pay all Fees payable for a charged service at the time your request or application for a charged service is accepted. Rock Wallaby Enterprises Pty Ltd reserves the right to amend any Fees from time to time and to adjust any Fees recorded on the Website or Mobile Application or the application for a charged service if the price recorded is incorrect.

All payments are to be made in advance by credit card via Paypal or by direct deposit to the nominated account supplied in the payment schedule. All prices will be in Australian dollars and are inclusive of any tax.

9. Licence of Mobile Applications
Rock Wallaby Enterprises Pty Ltd grants you a revocable, non-transferrable, non-exclusive licence to download, install and use the Mobile Applications for your own purposes. Any Mobile Application licence is subject to any limitations or restrictions on the permitted use of the Mobile Application contained in the Online Store Terms where you downloaded the Mobile Application.

10. Usage and support of Mobile Applications

You must provide your own internet access and mobile device in order to download, install and use the Mobile Application. You are responsible for all internet access, data download and other network charges arising from your downloading, installation or use of the Mobile Application (including any global roaming charges where you use the Mobile Application overseas) and you acknowledge and agree that Rock Wallaby Enterprises Pty Ltd has no responsibility or liability for those charges.

In downloading and/or using a Mobile Application, you must grant the Mobile Application the required permissions and access. If you do not grant these permissions and access, you may be unable to use the Mobile Application or some of its features.

While under no obligation to do so, from time to time Rock Wallaby Enterprises Pty Ltd may identify issues with its Mobile Applications and make available updates to help rectify any issues. You agree that you will use the most up-to-date version of the Mobile Applications and will check regularly for updates to those Mobile Applications.

Rock Wallaby Enterprises Pty Ltd will use reasonable endeavours to generally make the services provided through the Mobile Application available. However, the availability of those services may depend on various third-party suppliers of both you and Rock Wallaby Enterprises Pty Ltd, and accordingly Rock Wallaby Enterprises Pty Ltd does not warrant or guarantee: (a) that you will be able to use the Mobile Application at any time; or (b) that your use of the Mobile Application will be continuous, uninterrupted, secure or error-free.

You acknowledge and agree that the services provided through any Mobile Application may not be available for use from time to time, and that you may be disconnected from your use of those services at any time for any reason, including if:

(a) any network connection difficulties occur;

(b) the systems providing those services are unavailable for any reason (including so that maintenance can be performed);

(c) you breach any of these Terms and Conditions or

(d) Rock Wallaby Enterprises Pty Ltd decides to terminate your access to those services for any reason. 

In using any Mobile Application, you agree you must not use it (or attempt to use it) in the following
manner:
(a) For any unlawful or dishonest activity; 
(b) To access, transmit, publish or communicate material which is defamatory, offensive, unsuitable for minors, abusive, indecent, menacing, or otherwise unlawful, or which contains a virus or other harmful code; 
(c)  To obtain unauthorised access to (or damage, disrupt or interfere with the operation of) any computer, system, application, network or service; 
(d) To transmit, publish or communicate bulk and/or unsolicited messages; or
(e) In any way that may cause Rock Wallaby Enterprises Pty Ltd, its suppliers or other users of the Mobile Application to incur liability to a third party.

11. Hyperlinking

Rock Wallaby Enterprises Pty Ltd reserves the right to prohibit links to the Website and you agree to remove or cease any link upon Rock Wallaby Enterprises Pty Ltd’s request. You may not frame any part of the material on this Website or in the Mobile Application by including advertising or other revenue generating material.

12. Disclaimer

The information provided on this Website and the Mobile Applications are for general guidance only. Users of the information contained on this Website and Mobile Applications must make their own assessment of the suitability and appropriateness of the information or services described for their particular use and conditions. Accessing this Website, downloading and/or using Mobile Applications, using our transaction processing  services, and the downloading of any material is done entirely at the user’s own risk.

13. All liability excluded

To the fullest extent permitted by law:

(a) All warranties, representations and warranties (whether express, implied or statutory) are excluded, including without limit, suitability, satisfactory quality, fitness for purpose, compatibility, non-infringement, accuracy, security or completeness of this Website or the content on, or accessed through it and the completeness of any Mobile Application and its associated content; and

(b) Karen Daly, Dancefitness fun or Rock Wallaby Enterprises Pty Ltd will not be liable for any injury, damage, loss or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with either your access to or use of this Website or the content on, or accessed through the Website or in any way resulting from your downloading and/or use (or inability to use) of a Mobile Application and its associated content.

If you are using this Website, our Mobile Applications and any associated content for business purposes, the above exclusions and limits will apply, and certain consumer protection laws may not apply.

The exclusions and limits set out in these Terms and Conditions will also operate for the benefit of Rock Wallaby Enterprises Pty Ltd’s relevant suppliers, licensors and agents which Rock Wallaby Enterprises Pty Ltd use to provide the Website and Mobile Applications.

14. No warranties

This Website is provided “as is,” with all faults, and Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Although Rock Wallaby Enterprises Pty Ltd has endeavoured to ensure the content on this Website and in the Mobile Applications is current, accurate and complete, Rock Wallaby Enterprises Pty Ltd does not warrant that such content will be current, accurate or complete when you access it. Rock Wallaby Enterprises Pty Ltd will take action to correct any error or inaccuracy which is brought to its attention. Additionally, nothing contained on this Website shall be construed as providing consultation or advice to you.

15. Third party websites and advertising

This Website or our Mobile Applications may contain links to third party websites not owned by Rock Wallaby Enterprises Pty Ltd and/or advertising not related to Rock Wallaby Enterprises Pty Ltd. If you visit a linked website or contact an advertiser, that dealing will be solely between you and that other website or advertiser at your own risk.

These websites, any product or service being advertised (as applicable) or any association with their operators, have not been prepared by and are not controlled by Rock Wallaby Enterprises Pty Ltd and such links are provided for your convenience only, and do not imply that Rock Wallaby Enterprises Pty Ltd checks, endorses, approves, investigates or agrees with third party websites this Website or the Mobile Application links to. To the fullest extent permitted by law, Rock Wallaby Enterprises Pty Ltd disclaims any and all liability in respect of use of any third-party websites this Website or the Mobile Application links to, unless this is specifically stated on this Website or internet Mobile Application.

16. Under 18

By accepting these Terms and Conditions, you acknowledge you are over 18 years of age. If you are under the age of 18, you must only use this Website or download and/or use our Mobile Applications with the consent of your parent or guardian who is the registered party.

17. No representations

The availability of information on this Website and the Mobile Applications does not constitute a recommendation by Rock Wallaby Enterprises Pty Ltd or any other person. If you enter into any transaction subsequent to accessing this Website or Mobile Application, you do so entirely in reliance on your own judgement and inquiries and not in reliance on any statements, warranties or representations made to you or to any other person by or on behalf of Rock Wallaby Enterprises Pty Ltd.

18. Compliance with law

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to any of the information or services made available to you through this Website and Mobile Applications.

19. Jurisdiction and governing law

These Terms and Conditions and any matters or disputes connected with this Website or any Mobile Application will be exclusively governed by the laws prevailing in NSW and will be dealt with by the courts presiding in that jurisdiction.

20. Termination
You may terminate your use of any of the Charged Services, or access to any part of this Website or Mobile Application for which registration is required (including the Online Service Payment Process), at any time by requesting that Rock Wallaby Enterprises Pty Ltd delete your Username and password for the relevant service or part of this Website and/or Mobile Application.

Rock Wallaby Enterprises Pty Ltd may terminate your right to use any of the Charged Services, or access to any part of the Website and/or Mobile Application for which registration is required (including the Online Service Payment Process), by giving you one months' notice, or immediately without notice if you breach any of these Terms and Conditions for any charged service or any other service, or the terms for the Online Service Payment Process.

Any termination of your right to use any of the Charged Services, or access to any part of the Website or Mobile Application for which registration is required, will not affect any rights or obligations which have accrued by either you or Rock Wallaby Enterprises Pty Ltd prior to termination.

You may terminate your use of any downloaded Mobile Application by uninstalling the Mobile Application from your device at any time. Rock Wallaby Enterprises Pty Ltd may immediately terminate and block your access to any Mobile Application or the services provided by the Mobile Application for any reason, including if it believes you have engaged in conduct contrary to your obligations under these Terms and Conditions.

21. Amendments

Rock Wallaby Enterprises Pty Ltd may at any time and without notice, remove, amend and/or vary any of the content which appears on the Website and Mobile Applications, or cease operating the Website, Mobile Applications and any related services in whole or in part.

We may also amend these Terms and Conditions from time to time, so you should check and read these  Terms and Conditions regularly. By continuing to use this Website or any Mobile Application after any such amendment, you are deemed to have agreed to any amended Terms and Conditions.

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22. Limitation of liability

In no event shall Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

23. Indemnification

You hereby indemnify to the fullest extent Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

24. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

25. Variation of Terms

Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.

26. Assignment

Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, .you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

27. Privacy Policy
Please click here to see our Privacy Policy  

28. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Karen Daly, Dancefitnessfun and Rock Wallaby Enterprises Pty Ltd and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

29. Contacting us

 

If you have any questions or concerns in relation to the Website, any Mobile Application or these Terms and Conditions, please contact us.
Postal Address:
Rock Wallaby Enterprises Pty Ltd
PO Box 3151
Bellevue Hill NSW 2023
Australia
Email:    dancefitnesswithkaren@gmail.com
 
Copyright infringement : If you believe any material displayed on this website infringes your copyright, you may issue us a notice to request that the matter be investigated.

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