Our Terms & Conditions were last updated on 20th June 2022.

 

Please read these terms and conditions carefully before using Our Service.

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Interpretation and Definitions

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Interpretation

 

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

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Definitions

 

For the purposes of these Terms & Conditions:

 

●       “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

●       “Account” means a unique account created for You to access our Service or parts of our Service or products.

●       “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Creative Dance Method.

●       “Country” refers to Australia

●       “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

●       “Device” means any device that can access the Service such as a computer, a mobile/cell phone or a digital tablet.

●       “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

●       “Product” means any physical product sold to you from the Company.

●       “Service” refers to the Website.

●       “Subscription” or “Subscribed Products” means the online services you pay to receive and are subscribed to from the company

●       “Terms of Service” or “Terms & Conditions” (also referred as "Terms") mean these Terms of Service or Terms & Conditions that form the entire agreement between You and the Company regarding the use of the Service & Products.

●       “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.

●       “Trial Period” means the length of time you are trialing services without payment

●       “Website” refers to www.creativedancemethod.com

●       “You” means the individual accessing or using the Service, or the company, the products or other legal entity on behalf of which such individual is accessing or using the Service or products, as applicable.

 

Acknowledgment

 

These are the Terms & Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

 

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service or purchase the products.

 

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

 

You warrant that you are of legal age to and are authorized to enter into this agreement and be bound by it.

If you are under 18yrs, we assume that you have sought the permission from a legal parent or guardian to access the services. If you are entering into this agreement on behalf of a company or other legal entity you warrant that:

a) you have full legal authority to bind that legal entity; and

b) both you and that legal entity will be bound by the Terms

 

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

Paid Subscriptions

Your subscription with the Company commences on the activation date and continues until:

a) you terminate the agreement based on the clause in the terms

b) we terminate the agreement under the clause in these terms

 

How you can Terminate your Subscription

You can terminate your subscription at any time by clicking unsubscribe in your account on the website. You can also choose to contact the subscription team via email at hello@creativedancemethod.com with 30 days written notice. You will be liable for any further fees during this 30 day period.

 

Trial Period

 

When this clause applies

 

This clause applies only when:

a) the subscription details state that you are entitled to a trial period for a subscribed product; and

b) you have not, before its activation date had a trial period for that product.

 

About the trial period

A0 the trial period for a subscribed product starts on the activation date for the subscribed product.

b) the Terms apply during the trial period

 

What happens during the trial period

a) you do not need to pay fees for using a subscribed product during it’s trial period

b) at any time during the trial period for a subscribed product you can unsubscribe from that subscribed product by following the prompts in your account on the website OR notifying the subscription team that you no longer wish to subscribe to it. If you do that then that subscribed prodct will become an unsubscribed product when it’s trial period ends.

c) if you do not notify us as described in these terms then at the end of that trial period;

  1) your subscription for the subscribed product will automatically renew; and

   2) this clause relating to the Trial period will no longer apply to that product

 

Managing your subscription

 

Automatic renewal of your subscribed products

a) if you pay us the applicable fees we will provide you with the subscribed products during the Subscription Terms as set out in these Terms.

b) we will automatically renew your subscription for the subscribed products every subscription period as set out in your original activation date

 

How you can unsubscribe from an subscribed product

You can unsubscribe from any subscribed product at anytime via your account on the website or by notifying our subscription team using the details in these terms. That subscribed product will then become an unsubscribed product when the end of your subscription ceases.

a) except as set out in the austrlian consumer law if you unsubscribe from any subscribed product you are not entitled to a refund of any fees that you

 

b) have paid or must pay in connection with that subscribed product

 

Subscriptions are not transferrable

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Your subscription is not transferable for any reason. You must not rent, lease, assign, transfer, loan or otherwise distribute your subscription or subscribed product.

 

Fees & Payment for subscriptions

 

Fees

You agree to pay us the subscription fees for the subscription period for each subscribed product, payable in advance.

You agree to pay the subscription fees for each subscribed product during the subscription term.

You are responsible for timely payment of the subscription fees, additional fees and administration fees (as applicable) and for providing us with a valid method of payment of those fees. You must advise us promptly of any changes to your payment details during the subscription term.

We will charge your agreed payment method in advance for the subscription fees for each subscribed product:

a) on or after the activation date when your subscription for that subscribed product  first starts; and

b) after that, at the start of each subscription period during the subscription term.

 

GST

Unless we state otherwise, all prices exclude GST

 

Refunds

All subscription fees are non-refundable except that a refund of subscription fees paid is available;

a) where required by law; or

b) when a subscriber serves written notice to us terminating this agreement and requesting a refund at anytime within 5 business days of the activation date of an ANNUAL subscription. This does not apply to monthly or quarterly subscriptions.

c) where a refund is applicable given the above clause, a $35 fee will be deducted to cover administration costs. You will be refunded into a nominated bank account minus the fee as stated above. It may take up to 30 business days for refunds to be processed.

 

Acceptance of Terms

Payment of Subscription fees is full acceptance of these terms and conditions and enters you into a binding agreement.

 

 

Physical Products

 

Delivery

a) products can be delivered to an address within our delivery area. For information about delivery outside of these areas please contact our team. You may have to pay additional fees for delivery outside of these areas.

b) delivery of products may take up to 10 business days to commence unless stated on the products page on the website

c) if you require a product to be redirected from the original delivery address, please contact our team with 10 business days notice.

 

We use Australia Post for shipping.

 

We use the estimated shipping time frames as outlines in the Australia Post website and we are not responsible for any errors or delays in this information.

 

We are not liable for any damages, delays, lost or missing items or redirection of shipped items unless required to by law. If you are concerned about your shipped item, please contact Australia Post to make a claim.

 

Returns, Refunds, Exchanges & Credits

We do not issue refunds for a change of mind unless required to by law. If the product is not as described you can submit your complaint to our team at hello@creativedancemethod.com and a refund will be considered at our discretion. No refunds will be granted for personalized products or specialty products.

Returns that are approved must be shipped at your expense and any shipping fees incurred are at your own cost. You will not be reimbursed for any shipping costs. Any credits approved are non-transferrable. Exchanges will be granted where required by law for the same or similar item if the product is deemed faulty, damaged or not as described (within reason).

 

Product Information

The Company attempts to be as accurate as possible. However we do not warrant that product descriptions and website content is accurate, free or errors, complete or current. If any product ordered from us that you receive isn’t described as show on the website it can be returned, unused, as described in our returns policy.

 

Services

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User Accounts

 

When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

 

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

 

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.

 

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

 

Your email alerts and newsletters will be emailed to the email address that you provide to us when completing your subscription or purchase. You agree to signing up to our mailing list after yoru purchase or subscription is complete.

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Content

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Your Right to Post Content

 

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

 

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

 

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

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Content Restrictions

 

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

 

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

 

●       Unlawful or promoting unlawful activity.

●       Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.

●       Spam, machine – or randomly – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.

●       Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.

●       Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.

●       Impersonating any person or entity including the Company and its employees or representatives.

●       Violating the privacy of any third person.

●       False information and features.

 

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner of any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

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Content Backups

 

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data.

 

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

 

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

 

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

 

Copyright Policy

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Intellectual Property Infringement

 

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

 

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email hello@creativedancemethod.com and include in Your notice a detailed description of the alleged infringement.

 

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

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Intellectual Property

 

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

 

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

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Your Feedback to Us

 

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

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Links to Other Websites

 

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

 

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

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Termination

 

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

 

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

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Limitation of Liability

 

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 1USD if You haven't purchased anything through the Service.

 

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

 

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

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"AS IS" and "AS AVAILABLE" Disclaimer

 

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

 

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

 

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

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Governing Law

 

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

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Disputes Resolution

 

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

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Severability and Waiver

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Severability

 

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

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Waiver

 

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

 

Changes to These Terms of Service

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We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

 

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

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Contact Us

 

If you have any questions about these Terms of Service, You can contact us:

 

●       By visiting this page on our website: www.creativedancemethod.com

●       By sending us an email: hello@creativedancemethod.com