1.1. This website is owned by BoomGate Enterprises Pty Limited (trading as Ready Set Dance) of 61A East Parade, SUTHERLAND NSW2232 (“us”, “our”, “we”, “Boom Gate”, “Ready Set Dance”).
1.3. Ready Set Dance provides this website for you to view our products and services. Our main services include the provision of children’s entertainment, dance instruction and tuition, choreography and dance modules for learning and educational purposes. This website allows users the ability, subject to these Terms, to:
Provide dance content;
Find a dance location.
Access various commentaries and writings;
Access user generated content including text, photographs, images, graphics, videos, instructional videos, dance instruction or dance advice and audio and music content;
and Purchase a license to online courses on a variety of topics relevant to Ready Set Dance and Boom Gate. The purchase of any license to the Online Content is subject to the E-Store Terms of Sale
(Collectively “Online Content”).
We may, in our sole discretion, change or discontinue any or all aspects of the website, including any of the Online Content, at any time without notice and without liability to you.
“Customer” means the Partners or end Customers named in the order form or agreement.
“E-Store Terms of Sale” means the Terms governing the use and purchase of Licenses for the Purpose.
“Order” means an offer made by you in response to an invitation to treat made by E-Store Terms of Sale via the website.
“Partner” means you, your organization, business or authorized representative.
“Purpose” means using the Online Content for the provision of dance instruction, dance classes, entertainment tuition for children.
“third party” in these terms includes a reference to any agent or contractor of Boom Gate, or of any of their related bodies corporate, and any person engaged by any of them, in the creation, provision or maintenance of the website or in the fulfilment of Orders made through the website, and includes any of them.
“website” means www.readyset.dance.
“you”, “user”, “member”, and “guest” means anyone who visits and/or uses this website.
The following service specific terms relate to the services as indicated and form part of your agreement with Ready Set Dance to use the Site.
2. Legal Capacity
2.1. Any Order and/or purchase made by you using this website is an acknowledgement by you that you:
2.1.1. are over the age of eighteen (18) years;
2.1.2. accept these terms;
2.1.3. That you have a legitimate business providing the relevant services;
2.1.4. agree that you have entered into a legal contract with Ready Set Dance in relation to these terms; and
2.1.5. these terms, together with your order, constitute the entire agreement between you and Ready Set Dance for the supply of products or services.
2.2. Ready Set Dance reserves the right to take legal action and seek compensation from the parent or guardian of a minor who causes an order to be placed, for any loss or damage Ready Set Dance may suffer as a result of a transaction entered into by a minor.
3. Website Content
3.2. Although Ready Set Dance uses its best endeavours to confirm the accuracy of any information published on this website, you agree that Ready Set Dance cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to Ready Set Dance or by other service providers changing specifications without notice to Ready Set Dance. You agree to make your own enquiries to verify information provided and to assess the suitability of licenses or products before you purchase.
3.3. The information, materials and services in this website is provided as a recommendation and for general information purposes only. It is current at the time of first publication. It is not legal health or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements. You should report any error or omission in any information, material or service, via customer feedback.
3.4. This website may feature or display third party advertising or content. By featuring or displaying such advertising or content, Ready Set Dance does not in any way represent that Ready Set Dance recommends or endorses the relevant advertiser, its products or services.
3.5. Ready Set Dance nor any third party will be liable for any errors in content, or for any actions you take in reliance on them. Neither you nor any other person may hold Ready Set Dance liable for any delays, inaccuracies, errors or omissions in respect of such content, the transmission or delivery of such content or any loss or damage arising from any of them.
3.6. Ready Set Dance may promote, advertise or sponsor functions, events, offers, competitions or other activities which may be conducted online or offline and which may be conducted by third parties. These activities may be subject to separate terms and conditions. You participate in any such activities entirely at your own risk. Ready Set Dance does not accept any responsibility in connection with your participation in activities conducted by any other party.
4. Disclaimer and Indemnity
4.1. To the extent permitted by law, Ready Set Dance and each of their related bodies corporate exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
4.1.1. errors, mistakes or inaccuracies on the website;
4.1.2. you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
4.1.3. personal injury or property damage of any kind resulting from your access or use of the website;
4.1.4. any unauthorised access to or use of the websites secure servers;
4.1.5. any interruption or cessation of transmission to or from the website;
4.1.6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through the website by any third party; and/or
4.1.7. the quality or fitness for any purpose of any linked sites.
4.2. Except as expressly provided in these terms, and to the fullest extent allowed by the law, Ready Set Dance and its third parties will not be liable for any direct, indirect, special, incidental or consequential damages arising out of your access to or use of the website.
4.3. You will at all times indemnify, and keep indemnified, Ready Set Dance and each of their related bodies corporate, including their directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by any of them arising from any claim, demand, suit, action or proceeding by any person against you or them where such loss or liability arose out of, in connection with or in respect of your conduct or breach of these terms or use of the website.
4.4. You must abide by applicable Commonwealth, State, Territory and international laws. Due to the global nature of the internet, you must comply with all laws, regulations and rules regarding your Orders, including those concerning online conduct and acceptable content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
4.5. You are responsible for any loss, damage, cost, expense, claim or liability we suffer or incur as a result of your violation of these Terms or any breach by you of your responsibilities, representations and warranties.
4.6. This clause is not intended to exclude or limit any rights which you may have under the Competition and Consumer Act 2010 (Cth).
1. Disclaimers- Medical
The website and Online Content may include information and instructions relating to dance, exercise, fitness, health, and other wellness services, and some of the products and services available through the website and the Online Content relate to such topics. You acknowledge and agree that the following warnings and disclaimers apply to all such information, instructions, products and services.
Before participating in any dance or exercise program or using any fitness products or services that may be described and/or made accessible in or through the website and any Online Content, We strongly recommend that you consult with a medical practitioner or other provider. We and Our directors, other officers, educators, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
The website and the Online Content are not meant to be substitutes for medical advice from your doctor or health care provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the website or the Online Content.
Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content on the website or Online Content is the most recent on any particular subject.
You should never disregard medical advice or delay seeking it because of a statement you have read or heard on the website and/or in any Online Content. The website and the Online Content should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the website and the Online Content are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any dance or other exercise or fitness program or making changes to your diet.
You acknowledge and agree that, when participating in any dance, diet, exercise, or fitness program, or when using any dance or fitness products or services, 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 know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, exercise or fitness program available, advertised or sold on or through the website and any of the Online Content. If you experience any discomfort or pain during a exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
6. Intellectual Property Rights
6.1 The names and logos relating to the names BOOM GATE, READY SET DANCE, READY SET BALLET, TWIRL & FREEZE and TWIRL and FREEZE Characters are trade marks of Boom Gate Enterprises Pty Limited or used under license by Ready Set Dance.
6.2 Ready Set Dance also owns or is licensed to use the Copyright in the Online Content, videos, photographs, music and Website.
6.3 You acknowledge that any intellectual property rights, including graphics, logos, trade marks, copyright, designs, business methods, software, distinctive brand features, design, text, icons, the arrangement of them, sound recordings and all software relating to this website, photographs, videos and choreography are owned by Ready Set Dance, any Subsidiaries, or in some cases, a related body corporate of them, or third party, and that these remain the property of their respective owners and must not be used in any manner without the prior written consent of the owner. These intellectual property rights are protected by Australian and international laws and nothing in these Terms gives you a right to own any of them but only a limited licensed to use the Online Content, as agreed for the specific Purposes (as defined).
6.4 Nothing contained on this website is to be interpreted as a recommendation to use any information on this website in a manner which infringes the intellectual property rights of any person. Ready Set Dance makes no representations or warranties that your use of the information on this website will not infringe such intellectual property rights.
6.5 You may view this website and its contents for personal and for the specific Purpose only and subject to the Copyright Act 1968 (Cth) and similar legislation, you may not in any form or by any means reproduce, modify, distribute, store, transmit, publish or display within another website or create derivative works from any part of this website or commercialise any information obtained from any part of this website without the prior written consent of Ready Set Dance or, in the case of third party material, from the owner of the copyright in that material.
6.6 You may not modify or copy the layout or appearance of this website, Online Content, nor any computer software or code contained in this website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to this website.
6.7 If you correspond or otherwise communicate with Ready Set Dance, you automatically grant to Ready Set Dance an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on this website and developing your ideas and suggestions for improved products.
7. Your Use of the Website
7.1 You agree to use this website only for Purposes that are permitted by these Terms, any applicable law or regulation and/or generally accepted practices or guidelines.
7.2 You agree that you will not engage in any activity that interferes with or disrupts this website or the servers and networks that host this website. You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on the use of this website or the content.
7.3 You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7.4 You understand and agree that Ready Set Dance may stop (temporarily or permanently) providing access to this website to you, or to guests or members generally, at its discretion and without prior notice to you.
7.5 You understand and agree that Ready Set Dance may in its sole discretion restrict your access to this website. If Ready Set Dance does this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. Ready Set Dance will not be liable to you or any third party for doing so.
7.6 You understand and agree that as electronic websites are subject to interruption or breakdown, access to this website is offered on an “as is” and “as available” basis only.
7.7 You understand and agree that Ready Set Dance may impose limits or restrictions on the use you may make of this website. Further, for security, technical, maintenance, legal or regulatory reasons, or due to any breach of these terms, Ready Set Dance may withdraw this website, or change or remove website functionality at any time without notice to you.
Cookies may be used on this website to gather data in relation to this website and you consent to this (although you may be able to disable cookies on your web browser).
9. Force Majeure
Ready Set Dance will not be liable for any delay in performing any of their obligations if such delay is caused by circumstances beyond their reasonable control, including but not limited to, failure of or interruption in the provision of essential services such as electricity supply, bank payment systems or postal deliveries.
10. Governing Law
10.1. These terms will be governed by and interpreted in accordance with the laws of New South Wales, Australia and you irrevocably submit to the non exclusive jurisdiction of the Courts of New South Wales, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
10.2. If you access the website in a jurisdiction other than New South Wales, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. Ready Set Dance makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Ready Set Dance.
12. Transfer and Assignment
If Ready Set Dance merges, sells or otherwise change control of its business or this website to a third-party, Ready Set Dance reserves the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that Ready Set Dance has collected from you and any agreements it has made with you
The failure by Ready Set Dance to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by Ready Set Dance.
Please read these E-Store Terms carefully before ordering products from the Ready Set Dance website (www.readyset.dance). By ordering products from the Ready Set Dance website you agree to be bound by these E-Store Terms. If you do not agree with any of these Terms, we politely ask that you do not use this website.
READY SET DANCE
Your contracting partner is Boom Gate Enterprises Pty Limited, its related entities including Ready Set Dance.
WHEN DO THESE E-Store TERMS APPLY?
These E-Store Terms apply to all offers and agreements relating to the sale and delivery of products by Ready Set Dance. When you order anything at our Ready Set Dance website (www.readyset.dance) or any web page directly connected to our website (Website) or accept an offer from Ready Set Dance, your agreement to the E-Store Terms in the course of the order process constitutes your acceptance of the applicability of these E-Store Terms. It is only possible to deviate from these E-Store Terms if agreed in writing by Ready Set Dance.
If you are purchasing a License to use the Online Content via the Website, please also read the E-Store Terms and License Terms.
OUR OFFER AND PRICES
The offers on our Website are without obligation and do not bind Ready Set Dance. Ready Set Dance is likewise not bound by clear clerical errors and mistakes in promotional descriptions and other statements in the offer and on our Website. Minor colour and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. Ready Set Dance is not liable for these variations and deviations.
The stated prices include Australian Goods and Services Tax (GST). Prices are quoted in Australian dollars. Ready Set Dance reserves the right to make price and product changes prior to an order placed by you. Ready Set Dance reserves the right to change, limit or terminate any special offers or discounts at any time.
Ready Set Dance charges shipping costs. The shipping costs vary for each product and are further detailed under the heading ‘Shipping’ on our Website. These costs will, if applicable, be charged separately and specified and added up with the total amount of the order.
HOW IS A CONTRACT CONCLUDED WITH YOU?
You can only order on our Website if you are a consumer, not a reseller. You have to be 18 years of age or older to buy products via our Website.
Orders you place via the Website for the products offered by Ready Set Dance through the Website are only an offer to conclude a sales contract. The sales contract is only concluded upon the confirmation by Ready Set Dance of the order per our e-mail to you. Until you have received this confirmation, you can still cancel the order.
You warrant that the information you provide to Ready Set Dance in the request or order form is accurate and complete. Ready Set Dance is never obliged to accept an order. Ready Set Dance is entitled at all times to verify an order in advance or to refuse an order without providing reasons. If Ready Set Dance does not confirm your order within ten working days, it is deemed to have been refused.
Ready Set Dance will deliver to the address indicated by you within Australia. Ready Set Dance can only deliver to a delivery address which is a home, office address or PO Box address. Deliveries will be done on business days, not being a public holiday. Ready Set Dance is entitled, insofar as reasonably possible, to make split deliveries so that you receive the ordered products as soon as possible. However, in the event that you request that Ready Set Dance deliver the order in parts, Ready Set Dance may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Ready Set Dance is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation. Ready Set Dance must first be served with a notice of default.
OPTIONS IN CASE OF DELIVERY PROBLEMS
If Ready Set Dance discovers prior to entering into the sales contract that it can no longer deliver the ordered products, Ready Set Dance may offer you an equivalent product in terms of quality, price and function. You are not obliged to accept the replacement product. You may return it, if you so wish, in accordance with the right of return outlined below. If Ready Set Dance discovers after entering into the sales contract that Ready Set Dance can no longer deliver the ordered products and is not responsible for this situation, Ready Set Dance will be entitled to terminate the sales contract. Ready Set Dance will, of course, inform you immediately and reimburse any payments made.
METHODS OF PAYMENT
Please check our Website for information on available payment methods. Prices shown are in Australian dollars and include GST where applicable. Prices are subject to change. If purchasing from overseas then the currency may change to reflect your country of origin.
INFORMATION ON RETURNS
Right of return (change of mind returns policy): Subject to the provisions of these E-Store Terms, you may return the products received without specifying any reasons within 30 days of receipt. We have no obligation to accept the return of products in the case of change of mind and only offer an exchange of product of equivalent value (if available) and no financial refund in this situation. The 30-day period commences on the day of receipt of the ordered products. Only products that are not suitable for dispatch by parcel (e.g. in the case of bulky goods) may be returned by submitting a written request for the products to be taken back. The timely dispatch of the products or the request to take back the products will suffice for compliance with the right of return deadline. The return of products is at your expense and risk. The right to return product only applies if the products are unused and complete in their original condition including their original packaging insofar as reasonably possible.
If a product is returned that Ready Set Dance believes has been damaged because of an act or omission for which you are to blame, or which is otherwise for your expense and risk, Ready Set Dance will be entitled to deduct the decrease in value of the product as a result of this damage from the amount to be repaid to you (if at all). You can avoid the obligation to compensate the decrease in value of a product caused by use by not using the product and by refraining (as far as reasonably possible) from any actions that could negatively affect its value.
The above right of return applies in addition to, and does not affect, your rights under the consumer guarantees which apply under the Australian Consumer Law.
WARRANTIES AND LIABILITY
To the extent permitted by law, Ready Set Dance excludes all conditions, warranties and guarantees (whether express or implied by or arising under statute, common law, equity, trade custom or usage or otherwise), and makes no representations, relating to the products ordered by you, including warranties or guarantees of acceptable quality, merchantability and fitness for purpose. Nothing in these E-Store Terms excludes, limits or modifies any conditions, warranties or guarantees implied by or arising under statute which cannot lawfully be excluded.
Where conditions, warranties or guarantees implied by or otherwise arising under law cannot be lawfully excluded, then to the extent permitted by law, Ready Set Dance’ liability for a breach of any such condition, warranty or guarantee is limited, at its option, to the replacement or repair of the products, the supply of equivalent products or the cost of replacing or repairing the products or of acquiring equivalent products. Otherwise, to the maximum extent permitted by law, Ready Set Dance and its officers, employees, agents and representatives will not be liable for any loss or damage (including consequential loss or damage) to any person or entity, however caused (whether by negligence or otherwise), which may arise directly or indirectly from or in connection with these E-Store Terms, the Website or any orders you place via the Website. The limitations and exclusions set out in this section do not apply to any liability of Ready Set Dance for wilful misconduct, fraud or gross negligence (being negligence involving a deliberate or reckless disregard or a risk which would be apparent to a reasonable person in the same circumstances).
MAINTENANCE OF PRODUCTS
Ready Set Dance draws your attention to the washing and maintenance instructions printed on the labels of the products. Ready Set Dance is not liable for any damage resulting from the incorrect handling of products, including handling contrary to the instructions.
WHAT CAN YOU DO IF YOU ARE NOT SATISFIED?
You may send written complaints concerning the conclusion of the sales contract or its performance to the below address or contact us on 02 9542 1415.
Ready Set Dance
31C Koonya Cct
RETENTION OF TITLE
The delivered products will remain the property of Ready Set Dance until you have paid all amounts owing under any agreement to us in full, including the payment of costs, even of earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber products before ownership thereof has passed to you.
These E-Store Terms are governed by the laws of NSW, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.