Our Terms & Conditions
These Terms & Conditions are effective as at 22 September 2021.
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY.
These Terms & Conditions cover important information about the Babylexdance Au website, Zoom classes, Apps and any applicable fees.
The provisions in these terms & Conditions form a legally binding agreement between you and us where you participate in any classes offered by us.
Definitions
For the purpose of these terms and conditions the following definitions apply:
1. Party refers to a party to these terms and conditions and it includes that party successors, administrators and assignors and where a party consists of more than one person, then these terms bind them jointly and each of them severally;
2. Terms and Condtions means these terms and conditions as amended from time to time;
3. Website means the website https://babylexdanceau.wixsite.au/bldau, Facebook and Instagram Community @babylexdanceau.
4. App means the Fit by Wix App member portal Babylexdanceau.
5. You or yours refers to you, the person accessing the classes and content, and agreeing to the terms and conditions of your participation in the online classes and the website's content;
6. One gender includes any other gender.
Note in these Terms and Conditions, the single includes the plural and the plural includes the singular;
Website / App
7. These Terms and Conditions govern your right to use the Website/App and your access to and use of the App, Online classes, the Facebook/ Instagram Community and/or any products or services acquired in relation to the Program and/or any links provided on the Website/App to other websites.
8. You agree that in using the Website/App, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
9. You agree that we may, and reserve the right to, remove any comments made by you about the Website/App, any of its content, its individual representatives, officers, directors, consultants and/or employees which we believe in our sole discretion to be damaging to Babylexdance Au.
10. The content on the Website/App, including the photos, videos and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.
Payments
11. In purchasing any product or Service from the Website/App ("the Purchase") you agree to:
a. pay using a valid credit card (or other form of payment as we may allow);
b. provide us with current and complete information as detailed in the purchase order form including full legal name, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the classes, App or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase; and
c. pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase (“the costs”)
12. All costs are in AUD Dollars unless otherwise indicated.
Risk and Limitation of Liability
13. You will receive access to a class and the App upon payment from you.
14. To the extent we supply any ‘recreational services’ or ‘recreational activities’ (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition/s, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
15. You understand and agree that in participating in any dance class or workshop, there is a possibility of physical injury or death. You voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to yourself, or your child during any of the Babylexdance Au classes or online classes.
16. You acknowledge and agree to the following:
a. we assume that you are in good physical and mental health and your pregnancy and/or post-pregnancy and health is without risk factors or complications;
b. if any medical conditions arise whilst you are participating in any online classes, you will cease participating and let us know immediately;
c. you are participating in the online classes and content on the website/App entirely at your own risk, and acknowledge that if you make any modifications to the classes or if you undertake, while pregnant, any movement or workout not taught/ guided by us, you also do so entirely at your own risk. In addition, you understand that, in participating in the classes, online classes or content on the website/App there is (amongst other health risks), a risk of organ prolapse, back pain, bladder leakage, poor C-section scar healing, and the rate of reduction of diastasis recti (abdomen separation post-birth). You acknowledge that these matters can all be affected by the pace, frequency, and nature of exercise that you engage in post-pregnancy;
d. you need to use caution and seek professional health advice if you are at all unsure about your health or fitness at any time before, during and after participating in any online classes or content on the website/App;
e. you have obtained and relied on the medical clearance of your doctor, physician, obstetrician, or another medical professional in determining to participate (and once commenced, to continue participating in) the online classes or content on the website/App;
f. we are not aware of and cannot determine your individual suitability for the online classes or content on the website/App. To the maximum extent permitted by law, you indemnify and hold us harmless against all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, losses, costs or expenses including reasonable attorneys fees, in any way arising out of, in relation to or in connection with directly or indirectly:
i. your participation in our classes, online classes or content on the website/App; or
ii. your breach of any of the provisions of this agreement;
g. any information provided by you in connection with participating in our classes, online classes or content on the website/App is true, and you further acknowledge that we have relied on this representation in assuming that you can participate safely in the classes, online classes and/or content on the website/App;
Warranty / Refund
17. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the services offered by the Website/App, and as we make no representations to you in respect of your use of the Services offered by the Website/App, we provide no warranty as to any results or outcomes associated with partcipating in classes, nor in respect of any use of the products or services offered by the Website.
18. You expressly acknowledge that your participation in online classes and use of the Website and/or App and its products and/or services is at your sole risk.
19. We do not offer refunds or credits for unused class passes, accidental purchases, medical conditions, or any similar reason or event, unless required by law to do so.
Medical Disclaimer
20. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in our classes or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website/App and/or participate in the classes and/or its Services. We encourage you to seek appropriate medical advice or assistance before participating in any online classes or embarking on any use of the Website/App, and/or its products or Services.
21. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new physical exercise or dance class should consult with an appropriate healthcare professional before participating in any classes or engaging with any content on the App.
22. You are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
23. You should first consult an appropriately qualified healthcare professional before following any exercise programs, dance classes or using any of the information on the Website, particularly if you (or your family) have a history of high blood pressure or heart disease or if you have experienced chest pain when exercising or chest pain in the past month when not engaged in physical activity, are pregnant, breastfeeding, have an ongoing physical condition, are suffering from cancer or other long term illness, are living with liver disease, kidney disease, or renal failure, have diabetes, blood pressure or cholesterol issues, are obese, smoke, have high cholesterol, have a bone or joint problem that could be made worse from physical activity, or are recovering from or recently recovered from illness and/or injury.
Limitation of Liability
24. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect) regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability, except to the extent such limitation or exclusion of liability is not permitted by law.
25. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
a. that is or may be harmful or disadvantageous to you or the community; or
b. that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
Our rights to modify services
26. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website/App and/or the Terms and Conditions, as we see fit.
27. We will give you notice of any changes, for instance by:
a. publishing them on our website or
b. writing to the address (post or email) you last gave us
28. The most up to date terms and conditions always apply.
Jurisdiction
29. These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
Indemnity
30. You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of our classes, the Website/App and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.
31. You are liable for all content posted by you on the Facebook/ Instagram/ App Community
32. You agree to indemnify us for any claims, losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.
General
33. Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.
Information provided on Website
All information provided by us on the Website/App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and (unless expressly stated) we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.