These are the terms and conditions (“the Terms”) provided by Ballet Time Pty Ltd ACN: 625 213 514 (“the Company”, “we”, “us” or “our”) which govern the permitted use of and access to the ‘Ballet Time’ branded program and any and all related documentation (“the Application”) by you as licensee (“Licensee”, “you” or “your”).
Please read these Terms carefully and if you choose to accept use and access to the Application on the basis of these Terms, you can select the option to “accept” and register for use of the Application. If you do not accept these Terms, you should not register for use of the Application.
References to these Terms include all terms and conditions set out in this document and include any amendments made to these Terms from time to time. If the amendments are material changes which affect your rights or obligations, you will be notified of the material changes via the Application, email or other reasonable means. Your continued use of the Application, including after being notified of any material changes to these Terms, will be confirmation of your acceptance of amendments to these Terms.
By using or accessing any part of the Application, you acknowledge that you have read, understood and agree to be bound by these Terms.
1. Grant of License
a) Subject to these Terms, the Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely for the purpose of:
i) accessing, downloading and installing the Application (as modified or updated from time to time) for the purposes of receiving the dance and educational services provided by Ballet Time through the Application (“Services”); and
ii) at all times, lawful use of the Application (“Purpose”).
b) You warrant to the Company that you will only use the Application for the Purpose and in accordance with these Terms.
d) We reserve the right to add, remove or update features or functions of the Application without notice to you. When we make any such changes to the Application, or when a new version is released by us, you may be required to update the Application on your device, or this may occur automatically. This may require your review and acceptance of our Terms, in the form current at that time, before you will be permitted to continue use of or access to the updated or new version of the Application. If you do not accept any updates or new versions released by the Application, you acknowledge that we may not continue to support previous versions of the Application and any previous version may cease to be available, used or accessed.
a) You are solely responsible for the information contained in your account created for the purpose of using and accessing the Application (“Registration”). You must maintain accurate, complete and current information for your Registration, including updating your information if you become aware of any error or if it changes.
b) Notwithstanding anything else contained in these Terms, you:
i) are responsible for maintaining the login and password associated with the Registration;
ii) must keep your login and passwords secure and confidential at all times;
iii) are responsible for all acts and omissions carried out using the login and passwords; and
iv) are responsible for all equipment and communication infrastructure necessary to access the Application.
c) You will notify us immediately of any unauthorised use of your Registration or any breach of security, including any loss or theft. We may suspend or terminate your Registration if we become aware of or suspect there has been, or may be, unauthorised use of your Registration. We reserve our rights to pursue any legal remedy against you for any such unauthorised access or use. We are not responsible for any loss incurred in connection with any misuse of your Registration.
d) The Application Registration is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Application if you are not 18 years of age or older unless you have the consent of your parent or guardian. Parents or guardian must supervise individuals under 18 at all times during the use of the Application.
e) You must not:
i) reproduce or modify all or any part of the Application;
ii) disassemble, decompile, modify or reverse engineer any part of the Application nor merge it with any other software; or
iii) directly or indirectly permit any third party to do any of the above.
f) In accessing the Application, you must comply with all applicable user conduct policies or any other relevant policies relating to the Application notified by the Company to the Licensee from time to time by publication on the Application, email or other reasonable means. It is the Licensee’s responsibility to check the Application regularly to keep up to date with any such applicable policies.
a) You acknowledge and agree that:
i) you must pay the Company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (“Subscription Fee”);
ii) you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (“Due Date”);
iii) your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause 3; and
iv) the Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
b) Your access to the Services is conditional on you paying the Subscription Fee (“Subscription”).
Processing and Payment
c) All prices are in Australian Dollars (AUD).
d) Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
e) Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
f) If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
g) All payments made are non-refundable unless otherwise stated in clause 3.10.
Cancellation of Subscription
h) You may cancel your Subscription by:
i) providing written notice to the Company (the Company’s contact details are set out in clause 17); or
ii) selecting the ‘unsubscribe’ option in the Account Settings in the Application or Website.
i) Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates or the end of the month.
j) Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Services after the end of the period to which the Subscription Fee relates.
k) You acknowledge and agree that the Company may terminate your access to the Services in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.
4. Support Service
a) The Company will provide the following limited support services:
i) support request ticket logging through the Application; and
ii) the following email address to request support: email@example.com.
5. Intellectual Property Rights
a) For the purposes of these Terms, the term “Intellectual Property Rights” means all copyright, patents, registered and unregistered design rights, trademarks and service marks and Applications for any of the foregoing, together with all trade secrets, know-how, database rights, rights to confidentiality and other intellectual and industrial property rights in all parts of the world.
b) The Licensee acknowledges that a third party who makes content available through the Application may have proprietary rights in such content they make available. The Licensee acknowledges that it obtains no Intellectual Property Rights whatsoever in the Application or any of the material or applications provided or made available on the Application by the Company or any party not being the Licensee, or in any associated documentation, including without limitation, all design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, code, content, protocols, software and documentation.
c) Any and all Intellectual Property Rights that subsist in the Application, including updates and upgrades, vest in the Company. Nothing in these Terms is to be construed as the Company granting, by implication, estoppel or otherwise, any license or right to you to use any of our Intellectual Property Rights other than as provided by these Terms without our express written consent.
6. Use and Access
a) Other than for your own backup purposes and otherwise in accordance with these Terms, you are not permitted to copy, use, distribute, transfer, assign or grant any rights to use or access the Application for the benefit of a third party (whom you are not a parent or guardian of) and you must not rent, sell, lease or sub-license any rights in respect of the Application.
b) You warrant that you will not use any automatic or manual device or process (such as robots or spiders) to interfere with, or attempt to interfere with, the proper working and functionality of the Application.
c) You are responsible for all equipment, devices, internet connections and data plans through which you access or use the Application. Any network or roaming costs incurred by you through a service provider while accessing or using of the Application is solely your responsibility. The Company makes no representations that the Application can be accessed on all equipment or devices, or downloaded via all service providers on all service plans.
d) We do not guarantee that access to the Application will be uninterrupted or that it is free from malware or other malicious software that may damage the device or any data on such a device, or that the Application is completely secure.
e) You are solely responsible for ensuring your device or equipment is secure against any risk of unauthorised access, interception of information, corruption of data, damage or misuse or any other security risks. The Company will not be liable for any unauthorised access to your device or misuse of your Registration.
7. Links from the Application
a) The Licensee is not permitted to link to or from the Application without the Company’s express written permission.
8. Access to the Services
a) Subject to these Terms, the Company shall attempt to provide the Licensee with access to and use of the Services for twenty-four (24) hours per day, seven (7) days per week. The Licensee agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
i) equipment malfunctions;
ii) periodic maintenance procedures, repairs, updates or upgrades that the Company may undertake from time to time; or
iii) causes beyond the control of the Company or that are not reasonably foreseeable by the Company, including, without limitation, interruption or failure of telecommunication or digital transmissions, hostile network attacks, network congestion or other failures.
b) You acknowledge and agree that the Company has no control of availability of the Application on a continuous or uninterrupted basis.
9. Services and cancellation
a) The Licensee may cancel his or her subscription to the Services by providing written notice to the Company.
b) This notice may be in the form of an email to firstname.lastname@example.org.
a) The Licensee acknowledges that the Application has not been designed to meet the individual requirements of the Licensee and is provided on an “as-is” basis.
b) A failure of any part or the whole of the Application to suit the Licensee’s requirements will not give rise to any right or claim by the Licensee against the Company.
a) The Licensee will fully indemnify the Company in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
i) any breach of these Terms by the Licensee;
ii) the Licensee’s use of the Application; or
iii) claims made by third parties against the Company arising from the Licensee’s actual or implied authorisation to access or use the Application, however those claims arise.
a) Unless these terms expressly provide otherwise:
i) To the maximum extent permitted by law, all express and implied conditions, warranties or liabilities (including liability as to negligence) regarding the condition, accuracy, suitability, quality or title to the Application (including any Applications that may be accessible and any data contained, supplied generated or produced by or with the aid of it) are negated and excluded; and
ii) the Company gives no condition, warranty, undertaking or representative in relation to the condition, warranty, undertaking or representation in relation to the condition, accuracy, suitability, quality of or title to the Application (including any Applications that may be accessible and any data contained, supplied generated or produced by or with the aid of it).
b) The Company will not be liable for any direct or indirect lost profit or revenue, exemplary damage, loss of goodwill, deletion or corruption of electronically or digitally stored information, or without limited the foregoing, any indirect or consequential loss or damage howsoever described or claimed even if the Company has been advised of the possibility of such loss or damage.
13. Competition and Consumer Act 2010 (Cth)
a) Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on the Licensee by the Competition and Consumer Act 2010 (Cth) or any other consumer protection legislation that cannot be excluded by mutual agreement (“Act”). Where the Company breaches a condition or warranty which has been implied by an Act, its liability for breach will be limited to (where permissible by the Act):
i) in the case of the supply of goods, at the Company’s option:
- replacement of the goods;
- supply of equivalent goods;
- repair of the goods; or
- payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
- in the case of the provision of services, at the Company’s option:
- the supplying of the services again; or
- payment of the cost of having the services supplied again.
a) The Services include information and instructions relating dance. You acknowledge and agree that the disclaimers in this clause 14 apply to all such information, instructions, products and services. To avoid any doubt, any reference to you is inclusive of a person under 18 and it is acknowledged that any direction given is the sole responsibility of the guardian/parents. Again, parental supervision is required and accepted for all dance programs.
b) We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any dance program, there is the possibility of physical injury and death. Given the disclosures and disclaimers by us, you assume the risk and responsibility for any such results or outcomes. If you experience any discomfort, pain or other unexpected side effect during a dance program or exercise routine, you must immediately cease the activity and seek the assistance of a physician.
15. Termination by Company
a) If the Licensee commits a breach of these Terms, the Company may at its discretion:
i) require the Licensee to remedy the breach within seven (7) days of providing the Licensee with notice to rectify the breach; or
ii) terminate these Terms without further notice and prevent the Licensee’s access to and use of the Application.
b) Without limitation, the Company may refuse to permit Registration or re-Registration of any person or entity for any reason. The Company may discontinue or suspend your access to the Application at any time, in its sole discretion. The Company may terminate the continuation of the Application, or terminate your license to use or access the Application, at any time and for any reason. You agree that the Company is not liable to you or any third party for such prevention, termination or suspension of your use or access to the Application.
c) If the Company commits a breach of these Terms and fails to remedy that breach within 14 days of being requested to do so, and such failure prevents the functioning of the Application for the Purpose, you may immediately terminate these Terms by notice in writing to the Company.
d) Upon termination of your Registration or these Terms, you may be limited to read-only access to the Application or will be prevented from accessing the Application.
e) Any termination of these Terms is without prejudice to any other rights and remedies that the Company may have in respect of a breach.
f) Any provision of these Terms which is capable of taking effect after termination of the agreement between the Company and the Licensee continues in full force and effect and will survive the expiry or termination of these Terms.
b) These Terms constitute the entire agreement between the parties relating to the subject matter of this agreement and supersede all prior communications and agreements between the parties as to its subject matter, and each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
c) We may use information for research, quality control and development purposes, such information will be in a strictly de-identified manner.
d) If any provision of these Terms or any part of it is unenforceable or void for any reason, then:
i) where such provision can be read down as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
ii) in any other case, such provision must be severed from these Terms in which event the remaining provisions will continue in full force and effect as if the severed provision had not been included.
e) The Licensee must not, without prior written consent of the Company assign, lease, charge, sub-license, or otherwise transfer any of its rights or obligations under these Terms in whole or in part.
f) Any delay or forbearance by either party in enforcing any provisions of these Terms or any of its rights hereunder will not be construed as a waiver of such provision or right to subsequently enforce the same.
g) Clause headings have been included in these Terms for convenience only and must not be considered part of, or be used in interpreting, these Terms.
h) These Terms are governed by the laws of Queensland, Australia and the parties submit to the exclusive jurisdiction of the Courts of Queensland, Australia and the Commonwealth of Australia.
17. Contact Details:
PO BOX 123
Brisbane QLD 4000
Or by email: email@example.com
Thanks for being part of our Ballet Time community! We love having you as part of our community and your privacy is important to us. We are committed to protecting your privacy so want to share the following information, which outlines the information we collect from you, how we use this information and your rights in relation to this.
We are committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) 2016 / 679 (GDPR) and in accordance with other applicable privacy laws.
Who is Ballet Time?
When we refer to ‘we’ and ‘us’, this means Ballet Time Pty Ltd and any wholly-owned subsidiaries. When we refer to the Ballet Time Program, this means the virtual dance lessons accessed through the subscription service on our website or through our app. Our ABN is 676 252 135 14 and we are based at our office in Brisbane, Australia.
What personal data do we collect?
When you subscribe to our services or sign up for a free trial, we collect the following information from you:
- Your name.
- Your child’s name.
- Your child’s age.
- Your child’s dance experience.
- Your email address.
- Your login details and password so you can sign in to our platform.
- Any information you voluntarily share with us when you interact with us via phone, email, social media or other forms of communication.
- Any other information you share with us as part of your membership.
- Your response to surveys, competitions and promotions.
- Your marketing preferences such as whether you’d like to receive communications from us.
- We may collect your address and shipping details if you purchase goods from our website.
Why do we store your personal data?
We want to give you the best experience possible when interacting with us and using the Ballet Time Program. We collect data primarily to allow you to use our website and application as well as enjoy the benefits of the program that accompany your membership with us.
Some of the reasons we store your data include:
- To allow you to use the Ballet Time Program and allow us to provide all aspects of the Ballet Time Program that you pay for with your membership.
- To provide information about our services including any exciting updates, competitions, promotions and marketing messages.
- To obtain feedback and opinions from you so we can continually improve the Ballet Time Program.
- To record data and analytics that allow us to improve the Ballet Time Program.
- To respond to data requests from you and to fulfil our commitments to data storage and freedom of information under the relevant governing agreements and regulations stated above.
- To allow us to effectively provide member services and respond to your complaints and enquiries.
- To allow you to sign up for and attend Ballet a Time events.
In addition, we may from time to time use some of your personal information for other purposes as below:
- For commercial purposes including allowing us to introduce new products and services.
- To detect and prevent abuse of our products and services by confirming your membership details.
- For relevant training purposes within Ballet Time.
- To continually improve the relevance of our marketing materials.
- To fulfil our reporting obligations to any relevant tax and regulatory bodies.
- To share certain information with relevant third parties in order to provide services and marketing messages. We carefully check the privacy policies of any third parties we work with and take steps to limit misuse of your personal data.
- While most of our data in relation to you come from collecting it directly from yourself, we may from time to time work with third parties who assist us in our business. Your data is protected by their relevant privacy policies and we take steps to ensure that any data we collect is in line with relevant legislation and best practice.
When do we collect your personal information?
We collect your personal information when you visit our website or app when you sign up as a member, when you use our services and when you interact with us via phone, email or social media.
Examples of when we collect your personal information include:
- When you provide us with personal information during the sign up process for Ballet Time.
- When you use the Ballet Time Program.
- When you visit our website or use the app.
- When you sign up for or attend a Ballet Time event.
- When you interact with us via social media whether you like our page, follow us on Instagram or interact with us in any way.
- When we process payments for your membership or in exchange for any other goods or services.
- When we collect your billing and shipping information so we can ship products to you.
- When you contact us via phone, email, letter or social media.
- When you agree to receive emails and marketing communications from us.
Cookies and web browsing
What types of cookies do we use?
We require certain types of cookies in order for our website to operate, for example, cookies that allow you to log into secure areas of our websites that require a membership.
We like to know how many members are on our site at any time, as well as where they are visiting from and which pages they visit. This allows us to create content that best suits your needs.
These cookies allow us to see your user journey so we can make this simple and easy for you. This allows us to customise your experience and our marketing activities so they are relevant to you.
Third party cookies
This refers to third-party cookies from companies such as Facebook and Google, which allow us to bring you offers and advertisements that might be of interest to you through those sites.
What can you do to control your cookies?
Some of the websites that let you control what information is collected about you are:
What happens when we’re unable to collect your personal information?
If we are unable to collect your personal data, we may not be able to fulfil our obligations to you including providing the services that make up the Ballet Time Program.
We may not be able to provide you with goods and services, as well as answer enquiries about your membership or the goods and services we provide. Your experience when interacting with us may be delayed or not as efficient as we would like. We also will be unable to keep you informed of the latest updates, promotions, rewards, competitions and marketing messages.
How do we store your personal data?
We take every effort to store your personal data safely. We may hold your personal data either in electronic or hard copy form. When we store data electronically, this may be on our computer systems, databases, software programs, internet servers and hosted internet solutions.
We take every effort to keep your data safe in accordance with relevant government regulation and requirements. Our servers, computer systems and internet hosting are protected through necessary security systems including physical locks, firewalls, security systems and passwords.
When you unsubscribe from our marketing communications, we will no longer contact you with marketing messages. However, this will not remove your personal data from our systems. If you would like for us to completely remove your personal data, you can email firstname.lastname@example.org at any time.
How we share your data
We do not sell your personal information to third parties. However, we may share your data with our third-party partners for commercial purposes in relation to running our business. When this is done, our partners are obligated to only use your data for the reasons agreed with us and have committed to not misuse or sell your data in any way. Your personal data may be shared to the following partners:
- Our employees, contractors or service providers in the instance that this is necessary to provide goods and services to you.
- Our business advisors including accountants, lawyers and other business professionals where reasonably required for them to fulfil their obligations to us.
- Our business partners who collaborate with us to provide goods and services, as well as marketing messages.
- If required by law to any person or body authorised by such law.
How do we use your personal information for marketing purposes?
We may use your personal information to send you marketing messages as well as keep you updated on all things Ballet Time. You can unsubscribe from these marketing messages at any time by clicking the ‘unsubscribe’ link in our marketing emails or by emailing us at email@example.com. Please note that it may take a few days for our systems to update ad you may inadvertently receive marketing messages while they update.
How you may access your personal data?
You have the right to access your personal data stored by us at any time. Please email firstname.lastname@example.org to make this request. Please note that it may take us a few days to collate all the personal data we have stored.
How long do we store your personal data?
We retain your personal information for as long as is needed for us to fulfil our obligations to you, for example to provide goods or services, or to provide marketing messages while you are subscribed. We may also need to store your personal data to comply with any tax or governing bodies. When we no longer need to store your data for these reasons, we will either delete or sufficiently anonymise it.
Do you disclose my personal information overseas?
Ballet Time is based in Australia so the majority of our service providers are Australian based. However, we may from time to time collaborate with overseas partners. We only ever disclose your personal information outside the jurisdiction it was collected where we are permitted to do so under applicable privacy laws. This means that we have taken all necessary steps to keep your data safe as per the relevant privacy regulations.
Residents in the European Economic Area
If you are a resident of the European Economic Area you are protected by specific regulation set out in the GDPR which includes the following:
- You have the right to access your personal information at any time and enquire to exactly what information we are holding about you.
You have the right to rectify or change your personal information at any time.
- You have the right to request deletion of your personal data at any time unless we are required to hold your data for legal or regulatory reasons.
- You also have the right to restrict whatever personal information we hold on you
- You have the right to request the transfer of your data to a relevant third party.
- You have the right to object to your personal information being used in a way that you do not like and request that we stop doing so. We will fulfil your request unless there is a legal or regulatory reason not to.
If you believe we have breached our privacy rights at any time, please send us an email at email@example.com so our Privacy Officer can investigate and respond to you. All such enquiries or complaints will be taken seriously and handled with impartiality and discretion. If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done.
If you have complained about something that is not covered in the relevant privacy laws, we will explain why we are unable to take further action. Please allow 7 days for us to investigate and respond to any privacy complaints.
If you have any other questions Please feel free to contact us at:
Mail: The Privacy Officer
This policy was last updated on 30 April 2019.