Participant Agreement
LITTLE BALLET DANCER PARTICIPANT AGREEMENT
These terms and conditions create a contract between the person in whose name the account is created (you) and Debbie Jane Shannon trading as ‘Little Ballet Dancer’ ABN 75 625 063 052 (LBD/we/us/our), which is comprised of these terms and our Privacy Policy (collectively the Agreement). Please read the Agreement carefully. Permission for the person nominated as the participant (the Participant) to use the application is conditional upon you agreeing to the terms and conditions set out below. If you do not wish to accept these terms and conditions, you must not click “I Agree” and the Participant must not use the application. Notwithstanding the foregoing, any use by the Participant will be considered to be in accordance with the terms and conditions of this Agreement. To confirm your understanding and acceptance of the Agreement, click “I Agree.”
You acknowledge and understand that dancing and exercise involve inherent risks, including risks of bodily harm, injury and illness, including death. It is the sole responsibility of you and the Participant to ensure that the Participant is physically able to perform all dancing and exercise activities in which the Participant participates and to obtain any needed medical clearances by an appropriately qualified physician or medical/health specialist. To this end, we strongly recommend that the Participant seeks independent medical advice from a qualified specialist prior to commencing use of the Services.
1. THE SERVICES
1.1 The “Services” are, collectively, pre-recordings of ballet classes and other similar instruction style videos made available exclusively through our website, online portal and/or application (the Programs) and any services, content, and features made available by us through our website, portal, application and/or Programs (the Content).
1.2 LBD grants to you, and you accept, a non-exclusive, non-transferable, limited licence for the Participant to use the Services strictly in accordance with this Agreement.
1.3 The licence provided under this Agreement is personal to you and the Participant and you must not re-sell, sub-license, rent, lease or otherwise distribute the Services. All other rights in respect of the Services are reserved to us.
1.4 The Participant may only use the Services for personal, non-commercial purposes.
1.5 To use our Services, the Participant needs compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Services’ performance may be affected by these factors.
1.6 You acknowledge that the terms of agreement with the Participant’s respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Services. As a result, the Participant may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone, computer, laptop or device being used to access the Services, you will be assumed to have received permission from the bill payer for using the Services.
1.7 Your right for the Participant to use the Services is subject to your ongoing compliance with all provisions of this Agreement.
1.8 If you are not the Participant, you are responsible for and liable for ensuring that the Participant complies with all provisions of this Agreement, as if they were named as you in it.
1.9 If the Participant is a minor (as per the age of majority in the jurisdiction in which they reside) (a Minor), you are responsible and liable for the Minor’s use of the Services and for ensuring that the Minor complies with all provisions of this Agreement, as if they were named as you in it.
1.10 We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Services, at any time with seven days’ notice to you or such shorter period if it is reasonably required.
2. THE FEES
2.1 You agree to pay the fees for the provision of the Services by LBD to the Participant, as specified by us at the time at which you complete the Participant’s registration to obtain the Services (the Fees).
2.2 All fees exclude any applicable taxes (including goods and services tax) unless otherwise stated.
2.3 LBD may use various billing service providers to collect the Fees. When using their services, you agree to their terms and conditions.
2.4 Despite anything else in this Agreement, LBD is not required to provide the Services to you at any stage unless the Fees have been paid.
3. TERM OF THE AGREEMENT
3.1 In this clause, the word, ‘Term’ means the period during which the Participant will have access to the Services, as specified by us at the time at which you complete the Participant’s registration to obtain the Services.
3.2 This Agreement will commence immediately upon you clicking on the "I Agree" button and will continue until the end of the Term as specified by us at the time at which you complete the Participant’s registration or until otherwise terminated by us.
3.3 LBD may terminate this Agreement at any time by written notice to you if we cease to offer the Services or if you or the Participant breach any term or condition of this Agreement.
3.4 LBD may suspend the Participant’s access to the Services if any Fees are not paid when they fall due.
4. ADDITIONAL LIMITATIONS OF LIABILITY
4.1 The following limitations of liability apply subject to and in addition to any other limitations of liability:
(1) you warrant that if you are not the Participant, that you accept all responsibility and liability for the Participant’s use of the Services, subject to the terms of this Agreement;
(2) you warrant that any premises or location in which the Services are utilised could reasonably be considered as a safe and stable environment for participating in the Services, and you assume any risk of damage, injury, cost, loss or death that occurs either to the premises or the Participant in relation to a breach of this warranty;
(3) you warrant that the Participant will not utilise the Services if they have any medical, physical or dietary conditions or issues (or any other matter which reasonably could be considered to be relevant to the Participant’s use of the Services). If you choose to purchase the Services, you accept full responsibility and liability for the Participant’s health, safety and wellbeing in participating in the Services, in particular in relation to any pre-existing condition that the Participant may have which would otherwise prevent them from safely participating in the Services;
(4) you acknowledge and agree that ballet dancing, physical training and exercise involve an inherent risk of bodily harm, injury or illness (including death) and that in providing the Services, LBD will not be liable for monitoring or supervising the Participant’s use of the Services, the Content and/or the Programs and to this end, LBD accepts no responsibility or liability for any injury, illness or death that results directly or indirectly from the use or misuse of the Services, the Content and/or the Programs by the Participant or any other party, to the fullest extent permitted by law;
(5) you knowingly and voluntarily assume all risk of any bodily harm or injury (including death) which relates in any way to the provision of the Services, the Content and/or the Programs;
(6) you acknowledge and agree that LBD will not be liable to you, the Participant or any other persons for:
(a) any loss or damage of any kind that is directly or indirectly caused by or results from your wrongful, wilful or negligent act or omission; or
(b) any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage;
(7) you release LBD from any liability or claims relating, but not limited to:
(a) any personal injury, illness or death caused to the Participant or any other person; and
(b) any breach of your obligations;
except to the extent arising from the wilful or negligent acts or omissions of LBD;
(8) LBD does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release LBD from any liability relating thereto;
(9) you assume full responsibility for backing-up and/or otherwise protecting the Participant’s data in relation to the Services against loss, damage or destruction;
(10) LBD will only provide the Services via our online portal/application, and you acknowledge that any attempt to access our Services through a platform other than our online portal/application is done so at your own risk, and you indemnify and release LBD in relation to any cost, loss, expense, damage, injury or other consequence to you or the Participant in doing so; and
(11) LBD is not responsible for data charges that you or the Participant may incur in connection with the use of the Services.
4.2 You acknowledge and agree that this Agreement’s limitations of liability in clause 4.1 are essential to LBD and LBD would not have entered into this Agreement in their absence.
4.3 You indemnify LBD for:
(1) all losses and expenses we incur (including legal costs on an indemnity basis); and
(2) all liabilities we incur;
directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you or the Participant.
4.4 Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
4.5 Despite clause 4.4, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
4.6 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:
(1) the re-supply of the Services provided for under this Agreement; or
(2) the payment of the cost or having the services supplied again.
5. INTELLECTUAL PROPERTY
5.1 You agree that the Services, including but not limited to the Programs, the Content, graphics, Participant interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by LBD and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not (and you will ensure that the Participant or any other person does not) use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement.
5.2 No portion of the Services, the Programs or the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services, the Content or the Programs in any manner, and you shall not exploit the Services, the Content or the Programs in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
5.3 If you believe that any Programs or Content available through the Services infringes the copyright claimed by you, please contact LBD.
6. GENERAL PROVISIONS
6.1 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the Participant’s use of the Services. The Participant’s use of the Services may also be subject to other laws.
6.2 You hereby grant LBD the right to take steps LBD believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that LBD has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as LBD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LBD's right to cooperate with any legal process relating to your use of the Services, the Programs or the Content, and/or a third-party claim that the Participant’s use of the Services, the Programs or Content is unlawful and/or infringes such third party's rights).
6.3 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
6.4 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction. If you are a qualified public educational or government institution and any part of this Agreement is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
6.5 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
6.6 LBD may subcontract with one or more affiliates or third parties to provide any service required to be provided by LBD under this Agreement, provided that no such use of subcontractors shall relieve LBD of its obligations under this Agreement.
6.7 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
6.8 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.
These terms and conditions create a contract between the person in whose name the account is created (you) and Debbie Jane Shannon trading as ‘Little Ballet Dancer’ ABN 75 625 063 052 (LBD/we/us/our), which is comprised of these terms and our Privacy Policy (collectively the Agreement). Please read the Agreement carefully. Permission for the person nominated as the participant (the Participant) to use the application is conditional upon you agreeing to the terms and conditions set out below. If you do not wish to accept these terms and conditions, you must not click “I Agree” and the Participant must not use the application. Notwithstanding the foregoing, any use by the Participant will be considered to be in accordance with the terms and conditions of this Agreement. To confirm your understanding and acceptance of the Agreement, click “I Agree.”
You acknowledge and understand that dancing and exercise involve inherent risks, including risks of bodily harm, injury and illness, including death. It is the sole responsibility of you and the Participant to ensure that the Participant is physically able to perform all dancing and exercise activities in which the Participant participates and to obtain any needed medical clearances by an appropriately qualified physician or medical/health specialist. To this end, we strongly recommend that the Participant seeks independent medical advice from a qualified specialist prior to commencing use of the Services.
1. THE SERVICES
1.1 The “Services” are, collectively, pre-recordings of ballet classes and other similar instruction style videos made available exclusively through our website, online portal and/or application (the Programs) and any services, content, and features made available by us through our website, portal, application and/or Programs (the Content).
1.2 LBD grants to you, and you accept, a non-exclusive, non-transferable, limited licence for the Participant to use the Services strictly in accordance with this Agreement.
1.3 The licence provided under this Agreement is personal to you and the Participant and you must not re-sell, sub-license, rent, lease or otherwise distribute the Services. All other rights in respect of the Services are reserved to us.
1.4 The Participant may only use the Services for personal, non-commercial purposes.
1.5 To use our Services, the Participant needs compatible hardware, software (latest version recommended and sometimes required) and internet access (fees may apply). Our Services’ performance may be affected by these factors.
1.6 You acknowledge that the terms of agreement with the Participant’s respective internet and/or mobile network provider (Network Provider) will continue to apply when using the Services. As a result, the Participant may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing the Services or any such third party charges as may arise. You accept responsibility for any such charges that arise. If you are not the bill payer for the mobile telephone, computer, laptop or device being used to access the Services, you will be assumed to have received permission from the bill payer for using the Services.
1.7 Your right for the Participant to use the Services is subject to your ongoing compliance with all provisions of this Agreement.
1.8 If you are not the Participant, you are responsible for and liable for ensuring that the Participant complies with all provisions of this Agreement, as if they were named as you in it.
1.9 If the Participant is a minor (as per the age of majority in the jurisdiction in which they reside) (a Minor), you are responsible and liable for the Minor’s use of the Services and for ensuring that the Minor complies with all provisions of this Agreement, as if they were named as you in it.
1.10 We may add to, alter, change, temporarily suspend or withdraw partially or completely any parts of the Services, at any time with seven days’ notice to you or such shorter period if it is reasonably required.
2. THE FEES
2.1 You agree to pay the fees for the provision of the Services by LBD to the Participant, as specified by us at the time at which you complete the Participant’s registration to obtain the Services (the Fees).
2.2 All fees exclude any applicable taxes (including goods and services tax) unless otherwise stated.
2.3 LBD may use various billing service providers to collect the Fees. When using their services, you agree to their terms and conditions.
2.4 Despite anything else in this Agreement, LBD is not required to provide the Services to you at any stage unless the Fees have been paid.
3. TERM OF THE AGREEMENT
3.1 In this clause, the word, ‘Term’ means the period during which the Participant will have access to the Services, as specified by us at the time at which you complete the Participant’s registration to obtain the Services.
3.2 This Agreement will commence immediately upon you clicking on the "I Agree" button and will continue until the end of the Term as specified by us at the time at which you complete the Participant’s registration or until otherwise terminated by us.
3.3 LBD may terminate this Agreement at any time by written notice to you if we cease to offer the Services or if you or the Participant breach any term or condition of this Agreement.
3.4 LBD may suspend the Participant’s access to the Services if any Fees are not paid when they fall due.
4. ADDITIONAL LIMITATIONS OF LIABILITY
4.1 The following limitations of liability apply subject to and in addition to any other limitations of liability:
(1) you warrant that if you are not the Participant, that you accept all responsibility and liability for the Participant’s use of the Services, subject to the terms of this Agreement;
(2) you warrant that any premises or location in which the Services are utilised could reasonably be considered as a safe and stable environment for participating in the Services, and you assume any risk of damage, injury, cost, loss or death that occurs either to the premises or the Participant in relation to a breach of this warranty;
(3) you warrant that the Participant will not utilise the Services if they have any medical, physical or dietary conditions or issues (or any other matter which reasonably could be considered to be relevant to the Participant’s use of the Services). If you choose to purchase the Services, you accept full responsibility and liability for the Participant’s health, safety and wellbeing in participating in the Services, in particular in relation to any pre-existing condition that the Participant may have which would otherwise prevent them from safely participating in the Services;
(4) you acknowledge and agree that ballet dancing, physical training and exercise involve an inherent risk of bodily harm, injury or illness (including death) and that in providing the Services, LBD will not be liable for monitoring or supervising the Participant’s use of the Services, the Content and/or the Programs and to this end, LBD accepts no responsibility or liability for any injury, illness or death that results directly or indirectly from the use or misuse of the Services, the Content and/or the Programs by the Participant or any other party, to the fullest extent permitted by law;
(5) you knowingly and voluntarily assume all risk of any bodily harm or injury (including death) which relates in any way to the provision of the Services, the Content and/or the Programs;
(6) you acknowledge and agree that LBD will not be liable to you, the Participant or any other persons for:
(a) any loss or damage of any kind that is directly or indirectly caused by or results from your wrongful, wilful or negligent act or omission; or
(b) any direct, incidental, special or consequential damages, including loss or profits or anticipated profits, even if notified of the possibility of that potential loss or damage;
(7) you release LBD from any liability or claims relating, but not limited to:
(a) any personal injury, illness or death caused to the Participant or any other person; and
(b) any breach of your obligations;
except to the extent arising from the wilful or negligent acts or omissions of LBD;
(8) LBD does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release LBD from any liability relating thereto;
(9) you assume full responsibility for backing-up and/or otherwise protecting the Participant’s data in relation to the Services against loss, damage or destruction;
(10) LBD will only provide the Services via our online portal/application, and you acknowledge that any attempt to access our Services through a platform other than our online portal/application is done so at your own risk, and you indemnify and release LBD in relation to any cost, loss, expense, damage, injury or other consequence to you or the Participant in doing so; and
(11) LBD is not responsible for data charges that you or the Participant may incur in connection with the use of the Services.
4.2 You acknowledge and agree that this Agreement’s limitations of liability in clause 4.1 are essential to LBD and LBD would not have entered into this Agreement in their absence.
4.3 You indemnify LBD for:
(1) all losses and expenses we incur (including legal costs on an indemnity basis); and
(2) all liabilities we incur;
directly or indirectly caused by, or resulting from any breach of this Agreement or from any wrongful, wilful or negligent act or omission by you or the Participant.
4.4 Any representation, warranty, condition or undertaking that would be implied in this Agreement by legislation, common law, equity, trade, custom or usage is excluded to the fullest extent permitted by law.
4.5 Despite clause 4.4, nothing in this Agreement excludes, restricts or modifies any condition, warranty, right or remedy conferred on you by the Competition and Consumer Act 2010 (Cth) or any other applicable law that cannot be excluded, restricted or modified by agreement.
4.6 To the fullest extent permitted by law, our liability for a breach of a non-excludable condition or warranty is limited to, at our option:
(1) the re-supply of the Services provided for under this Agreement; or
(2) the payment of the cost or having the services supplied again.
5. INTELLECTUAL PROPERTY
5.1 You agree that the Services, including but not limited to the Programs, the Content, graphics, Participant interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by LBD and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not (and you will ensure that the Participant or any other person does not) use such proprietary information or materials in any way whatsoever except for use of the Services for personal, non-commercial uses in compliance with this Agreement.
5.2 No portion of the Services, the Programs or the Content may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services, the Content or the Programs in any manner, and you shall not exploit the Services, the Content or the Programs in any manner not expressly authorised. This clause does not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded.
5.3 If you believe that any Programs or Content available through the Services infringes the copyright claimed by you, please contact LBD.
6. GENERAL PROVISIONS
6.1 You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to the Participant’s use of the Services. The Participant’s use of the Services may also be subject to other laws.
6.2 You hereby grant LBD the right to take steps LBD believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that LBD has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a third party, as LBD believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to LBD's right to cooperate with any legal process relating to your use of the Services, the Programs or the Content, and/or a third-party claim that the Participant’s use of the Services, the Programs or Content is unlawful and/or infringes such third party's rights).
6.3 A party waives a right under this Agreement only if it does so in writing. We do not waive a right simply because we fail to exercise the right, we delay exercising the right or only exercise part of the right. A waiver of one breach of a term of this Agreement does not operate as a waiver of another breach of the same term or any other term.
6.4 If a provision in this Agreement is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of the provision that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from this Agreement. This does not affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction. If you are a qualified public educational or government institution and any part of this Agreement is invalid or unenforceable against you because of applicable local, national, state or federal law, then that portion shall be deemed invalid or unenforceable, as the case may be, and instead construed in a manner most consistent with applicable governing law.
6.5 We may assign or otherwise deal with the benefit of any contract made pursuant to this Agreement without your consent.
6.6 LBD may subcontract with one or more affiliates or third parties to provide any service required to be provided by LBD under this Agreement, provided that no such use of subcontractors shall relieve LBD of its obligations under this Agreement.
6.7 You may not assign your rights and obligations under this Agreement under any circumstances without first obtaining our written consent to do so. Any purported assignment not undertaken in accordance with this clause will be invalid.
6.8 All contracts made between us and you shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.