ENDLESS DANCE STUDIO TERMS OF USE Welcome to Endless Dance Studio. Our website www.endlessdance.com.au and its associated domains and apps (“ Sites ”) are operated by Endless Dance Studio (collectively, “ Endless Dance ”, “ us ”, “ our ” or “ we ”). Endless Dance delivers various services and functions, including, but not limited to, promoting and selling tickets to our productions, taking bookings for our dance studio, dance program, dance lessons and classes, membership services, promoting and seeking support of donors and supporters, and selling merchandise (“ Services ”). The Services can be delivered via the Sites or in person at our premises, with the location of our premises being subject to change at Endless Dance’s discretion. By accessing or using our Sites and/or Services, you agree to be legally bound by the following terms and conditions (the “ Terms of Use ”). Please read these Terms of Use carefully. If you do not agree with any part of these Terms of Use you should refrain from using the Sites and/or Services. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use of the Sites and/or Services constitutes your acceptance of those changes. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. If you do not agree to be bound by or abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Sites and/or Services. 1. Access and Use: 1.1 You must not use the Sites and/or Services, in any manner or for any purpose which is unlawful or contrary to these Terms of Use. 1.2 Endless Dance reserves the right to elect not to provide the Services to you, process any order you place or allow you access to the Sites, as a result of any conduct that Endless Dance, in its sole discretion, believes may breach the law, infringe these Terms of Use, violate the rights of Endless Dance or third parties, or is otherwise inappropriate for continued access and use of the Sites and/or Services. 2.Dance Classes and Workshops: 2.1 Before attending a dance class at Endless Dance, participants must provide Endless Dance with their full name, phone number and email address. Endless Dance will also request that you provide your physical address and postcode, although you are not required to provide this information. If the participant is younger than eighteen (18) years of age, their date of birth is required. 2.2 By entering a Endless Dance dance class, you agree and acknowledge the following terms and conditions: a) Dance classes can involve risk of personal injury. While Endless Dance takes all reasonable care in the conduct of its classes, it accepts no responsibility for injury or loss caused during the classes or whilst participants are at or near the studios; b) You or your legal guardian are responsible for ensuring that you are physically and medically fit for the class; c) During the class you must take care at all times of your own personal safety; d) Entry to the class more than thirty minutes after the start time is prohibited, as you must participate in the warm-up exercises at the start of the class; e) Students must not attempt a class, or any part of a routine, that is beyond their level of ability; f) Be respectful and do not behave inappropriately towards other members, guests, our staff and outside providers. Examples of inappropriate behaviour include verbal or physical intimidation, harassment, discrimination on the basis of race, sex, age or any disability another person may have; g) Inappropriate behaviour, including intoxication or any physical, verbal or otherwise towards any Endless Dance employee, contractor, dance class student or guest, may result in cancellation of your ticket and removal from the premises. Endless Dance reserves the right to refuse entry to any persons at its absolute discretion; h) You or your legal guardian are responsible for your own belongings. Endless Dance does not accept responsibility for any lost, stolen or damaged property; and i) Endless Dance invites transgender, intersex and gender diverse dancers, staff and visitors to use the restrooms facilities at Endless Dance of the gender they identify as. Endless Dance does not condone the harassment of transgender, intersex or gender diverse individuals, and will not tolerate any such harassment. Any person who is uncomfortable or requires additional privacy can take advantage of the accessible facilities. 2.3 Tuition fees are due on a [weekly/monthly/yearly] basis and must be paid in advance. 2.4 Tuition fees are non-refundable unless the class is canceled by the studio. Return policy does not apply to which have been stated as non-exchangeable or non-returnable. All the class packages and discounted price items are non-returnable. Exchange of Merchants only when the merchandise is in saleable condition, that is it is unworn or unused with all original sealed packaging. 2.5 Regular attendance is crucial for progress. If a student is unable to attend a class, please cancel the class 24 hours in advance. Reservations cannot be canceled within 24 hours. Makeup classes may be offered for missed classes under certain circumstances. Please inquire with the studio for more information. 2.6 Tickets purchased for “short-courses” and “workshops” are only valid for the dates selected when booking. No refunds or exchanges will be made if you are unable to attend a “short-course” or a “workshop” on the dates selected when you make your purchase. 2.7 The timetable, locations and teachers for all dance classes and workshops may be subject to change without notice.We reserve the right to cancel Classes. 3. Merchandise: 3.1 Endless Dance merchandise can be purchased at the studio or online here. 3.2 Any access or use by you of the Merchandise Websites, including any purchase of merchandise, will be subject to the terms and conditions applicable to the Merchandise Websites. 4. Payment: 4.1 Endless Dance accepts payment online when purchasing dance, class and workshops, short course and class packages. 4.2 By purchasing a product via our Sites and/or Services, you agree to provide the full payment for a product through our Sites and/or Services at the time of your purchase. 4.3 All prices listed or specified via the Sites and/or Services: a) are in Australian dollars unless otherwise specified; b) are fixed once your order has been confirmed, subject to payment being made at the time of purchase (unless expressly approved otherwise by Endless Dance); and c) may change, at Endless Dance’s discretion, without notice. 4.4 By making a purchase via the Sites and/or Services, you undertake and warrant that: a) all information you have provided for the purpose of purchasing the product/s is correct and not misleading; b) you are fully entitled to use the payment card or account used to pay for the your order; and c) have sufficient funds in your payment card or account to cover the proposed payment. 5. Your Personal Information and Privacy: 5.1 Endless Dance’s Privacy Policy forms part of these Terms of Use, and includes important information about how we may retain and use personal information about you gathered in the course of your engagement with the Sites and/or Services. 5.2 By using this Sites and/or Services, you consent to Endless Dance retaining and using your personal information in accordance with our Privacy Policy. 5.3Customers grant permission for the studio to use photographs or videos taken during classes for promotional purposes. 6. Intellectual Property: 6.1 We are the sole and exclusive owner or authorised licensee of our content on the Sites and shared via the Services, including, but not limited to visual and/or interactive elements, graphics, videos, audio, choreographic elements, design, code, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights associated with Endless Dance throughout the world. 6.2 You do not have any rights, title or interest, including, but not limited to copyright, or other content incorporated into the Sites and/or Services. 6.3 Nothing displayed on the Sites and/or Services should be construed as granting any right of use in relation to any intellectual property displayed on the Sites and/or Services without the express written consent of Endless Dance, except to the limited extent provided for under these Terms of Use. 7. Disclaimer: 7.1 You use the Sites and/or Services at your own risk. 7.2 Notwithstanding anything in these terms of use and to the maximum extent possible at law, we exclude all liability: a) whatsoever in relation to your use of the website or any breach of these terms of use; b) arising from any cancellation, modification, error or interruption in the sites and/or services, whether caused by us or not; c) arising from any defect, corruption, attack, virus, trojan horse, interference, hacking or other security or technical intrusion in connection with the sites and/or services; d) whatsoever in relation to your reliance on the accuracy, completeness or professional soundness of the content of our sites and/or services; e) whatsoever in relation to any cancellation, loss, damage, injury in relation to any ticket purchase, performance, purchase or class. 8. Liability and Indemnification: 8.1 Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from: a) your use of the Sites and/or Services; b) breach of these Terms of Use and/or any warranty contained herein by you or your representative; or c) use of the Sites and/or Services by you on behalf of any other person. 8.2 To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to: a) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or b) in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired. 8.3 In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Sites and/or Services. 9. Modification of Sites and Services: We reserve the right to modify, including but not limited to the right to discontinue, the Sites and/or Services. 10. Severability: In the event that any part of these Terms of Use is held to be unenforceable, that part will be severed and the remaining provisions will remain in full force and effect. 11. Entire Agreement: These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons. 12. No Waiver: No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties. 13. Governing Law: These Terms of Use are governed by the laws of New South Wales and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use. 14. Contacting Us: If you have any concerns or complaints about these Terms of Use or you think that the Sites and/or Services has been accessed or used by another user in breach of the Terms of Use, please email us at endlessdancestudio@gmail.com.