These are the terms and conditions (“the Terms”) provided by Little Moves Brisbane Pty Ltd ACN: 634 216 407 (“the Company”, “we”, “us” or “our”) which govern the permitted use of and access to the ‘Little Moves’ branded program and any and all related documentation (“the Material”) by you as licensee (“you” or “your”).
Please read these Terms carefully. If you choose to accept these Terms, you can select the option to “accept” and register for use of the Material. If you do not accept these Terms, you should not register for use of the Material.
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 Material, email or other reasonable means. Your continued use of the Material, 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 Material, you acknowledge that you have read, understood and agree to be bound by these Terms.
1. The Terms
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 use of the Material (as modified or updated from time to time) for the purposes of receiving the dance and educational services provided by Little Moves through (“Services”); and
ii. at all times, lawful use of the Material (“Purpose”).
b. You warrant to the Company that you will only use the Material for the Purpose and in accordance with these Terms.
c. Personal information provided to the Company will be handled in accordance with the Company’s privacy policy (“Privacy Policy”), a copy of which is available for review at littlemoves.com.au. The provisions of our Privacy Policy are incorporated into these Terms by reference. Your Registration and use of the Material is at all times subject to our Privacy Policy.
d. We reserve the right to add, remove or update features or functions of the Material without notice to you. When we make any such changes to the Material, or when a new version is released by us, you may be required to update the Material on your device, or this may occur automatically
2. Registration
a. By registering for the Material, you hereby agree to the Terms contained herein.
b. A subscription fee will be payable upon Registration.
c. You are solely responsible for the information contained in your account created for the purpose of using and accessing the Material (“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.
d. 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 Material.
e. 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.
f. The Material 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 Material 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 Material.
g. You must not:
i. reproduce or modify all or any part of the Material;
ii. disassemble, decompile, modify or reverse engineer any part of the Material nor merge it with any other software; or
iii. directly or indirectly permit any third party to do any of the above.
h. In accessing the Material, you must comply with all applicable user conduct policies or any other relevant policies relating to the Material notified by the Company to You from time to time by publication on the Material, email or other reasonable means. It is You’s responsibility to check the Material regularly to keep up to date with any such applicable policies.
3. Support Service
a. The Company will provide email support service to you.
b. Customers seeking email support service are required to send an email through to the email address co*****@*************om.au.
4. 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 Materials 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. You acknowledge that a third party who makes content available through the Material may have proprietary rights in such content they make available. You acknowledge that you obtain no Intellectual Property Rights whatsoever in the Material or Materials provided or made available to you by the Company, 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 Material, 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.
5. Use and Access
a. 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 Material for the benefit or use 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 Material.
b. You warrant that you will not use any automatic or manual device or process to interfere with, or attempt to interfere with or copy the proper working and functionality of the Material.
c. You are responsible for all equipment, devices, internet connections and data plans through which you access or use the Material. Any network or roaming costs incurred by you through a service provider while accessing or using of the Material is solely your responsibility. The Company makes no representations that the Material 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 Material 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 Material 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.
6. Access to the Services
a. Subject to these Terms, the Company shall attempt to provide You with access to and use of the Services for twenty-four (24) hours per day, seven (7) days per week. You agree and acknowledge 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 Material on a continuous or uninterrupted basis
7. Acknowledgement
a. You acknowledges that the Material has not been designed to meet your individual requirements and is provided on an “as-is” basis.
b. A failure of any part or the whole of the Material to suit your requirements will not give rise to any right or claim by You against the Company.
8. Indemnity
a. You agree to fully indemnify the Company in respect of any and 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;
ii. Your use of the Material; or
iii. claims made by third parties against the Company arising from your actual or implied authorisation to access or use the Material, however those claims arise.
9. Liability
a. Unless these terms expressly provide otherwise 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 Material (including any Materials that may be accessible and any data contained, supplied generated or produced by or with the aid of it).
b. 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 Material (including any Materials that may be accessible and any data contained, supplied generated or produced by or with the aid of it) are negated and excluded.
c. 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.
10. Disclaimers
a. The Services include information and instructions relating dance. You acknowledge and agree that the disclaimers in this clause 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 or any of your dependants 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.
11. Termination by Company
a. If You commits a breach of these Terms, the Company may at its discretion:
i. require You to remedy the breach within seven (7) days of providing You with notice to rectify the breach; or
ii. terminate these Terms without further notice and prevent You’s access to and use of the Material.
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 Material at any time, in its sole discretion. The Company may terminate the continuation of the Material, or terminate your license to use or access the Material, 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 Material.
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 Material for the Purpose, you may immediately terminate these Terms by notice in writing to the Company.
d. Any termination of these Terms is without prejudice to any other rights and remedies that the Company may have in respect of a breach.
e. Any provision of these Terms which is capable of taking effect after termination of the agreement between the Company and You continues in full force and effect and will survive the expiry or termination of these Terms.
12. Media Release
a. The Company may create, use, retain and reproduce image/s or recording/s (includes photographs, videos, film or sound recordings) of students during his/her enrolment.
The Company has permission to use, copy, distribute, display and make derivative works of the photographs / recordings taken across all mediums for promotional purposes (including, without limitation, printed promotional material, displays, advertising, media, websites, social media and the internet).
The Company is harmless against any claims arising from the use of such material.
b. Parents of students may photograph/video their own child during the lesson for personal use only.
13. General
a. We may collect and use technical and related information which is periodically gathered by the Company to facilitate the provision of the Services and any updates or upgrades of the Material, including any support services. All such information is gathered in accordance with our Privacy Policy.
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. You 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.
