Terms of Use

SYDNEY DANCE COMPANY TERMS OF USE

Welcome to Sydney Dance Company. Our website www.sydneydancecompany.com and its associated domains and apps (“Sites”) are operated by Sydney Dance Company (collectively, “SDC”, “us”, “our” or “we”).

SDC delivers various services and functions, including, but not limited to, promoting and selling tickets to our productions, taking bookings for our dance studio, PPY 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, over the telephone or in person at our premises, with the location of our premises being subject to change at SDC’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  SDC 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 SDC, in its sole discretion, believes may breach the law, infringe these Terms of Use, violate the rights of SDC or third parties, or is otherwise inappropriate for continued access and use of the Sites and/or Services.

  1. Dance Classes and Holiday Workshops:

2.1  Before attending a dance class at SDC, participants must provide SDC with their full name, phone number and email address. SDC 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 SDC dance studio, you agree and acknowledge the following terms and conditions:

a)  Dance classes can involve risk of personal injury. While Sydney Dance Company 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 fifteen (15) 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 SDC employee, contractor, dance class student or guest, may result in cancellation of your ticket and removal from the premises. SDC 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. SDC does not accept responsibility for any lost, stolen or damaged property; and

i)  SDC invites transgender, intersex and gender diverse dancers, staff and visitors to use the change room facilities at SDC of the gender they identify as. SDC 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  All purchases for dance classes are final, non-refundable and non-transferable. Tickets cannot be extended and cannot be shared.

2.4  Tickets and gift cards purchased for “drop-in” classes are valid for admission into any class at SDC, and are valid for six (6) months from the date of purchase. We cannot provide extensions to the expiry date unless a request is made for an extension for medical reasons and is supported by a medical certificate. The six (6) month period is inclusive of any public holiday or Christmas closures.

2.5  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.

2.6  Concession discounts are available for current Ausdance and Equity members, full-time students, Centerlink card holders and Senior Card Holders. Where concession discounts are applied, suitable identification must be presented upon attendance or request by SDC personnel.

2.7  Prepaid gift cards cannot be replaced or refunded if lost, stolen or damaged, and cannot be exchanged for cash.

2.8  The timetable, locations and teachers for all dance classes and workshops may be subject to change without notice.

  1. Dance Class Membership:

3.1  You may subscribe to the SDC dance class membership (“Dance Membership”) via this link.

3.2  Dance Membership is not available to persons who are under sixteen (16) years of age.

3.3  The minimum term for Dance Membership is two (2) months (“Minimum Period”).

3.4  During the term of your Dance Membership, you shall be entitled to attendance to unlimited scheduled “drop-in” dance classes, which can be pre-booked online as per the timetable found here. (this does not include courses, master classes, special workshops, youth term classes or school holiday workshops) (“Member Benefits”).

3.5  If you pre-book a “drop-in” class and are unable to attend, you must change or cancel your booking at least two (2) hours prior to the commencement of that class. If you fail to arrive for a pre-booked class on more than three (3) occasions, we may suspend your online booking privileges.

3.6  Your access to the Member Benefits cannot be transferred to another party.

3.7  You must be able to produce photo ID if requested by an SDC staff member in relation to your use of the Member Benefits.

3.8  Your Dance Membership will include eligibility to receive information about other promotional discounts or benefits (“Promotional Benefits“) at SDC’s sole discretion. SDC reserves the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Benefits in our sole discretion. Promotional Benefits may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms of Use.

3.9  Payment for Dance Membership:

a)  By subscribing to Dance Membership and providing us with your valid credit card details, you authorise us to charge you at the current rate on a monthly basis in accordance with the payment terms found here. (“Payment Terms”).

b)  Your monthly billing cycle will begin on the date that you sign up for your Dance Membership and will be renewed on the same date each month (your “Billing Cycle”).

c)  You may incur additional fees for late or declined payments, in accordance with the Payment Terms.

d)  Unless cancelled by you in accordance with Section 3.11 below, your Dance Membership will continue after the Minimum Period, and you will continue to be charged the applicable current monthly fee for each Billing Cycle in accordance with the Payment Terms.

e)  We may increase the monthly subscription fees for Dance Memberships at any time by giving you at least one (1) month notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).

f)  You must inform SDC of any change in your contact details, bank accounts or credit card details for payment, as well as in relation to any other information relevant to your Dance Membership.

g)  Dance Membership pricing takes into account all public holidays and opening/closing hours in accordance with the dance class timetable found at [link]. However, your Dance Membership will be suspended when SDC closes over the Christmas/New Year period, being approximately two (2) weeks, and you will be charged at half of the current monthly rate for your December/January Billing Cycle.

3.10 Suspension:

a)  You may suspend your Dance Membership (“Suspension”) via this form or by otherwise contacting SDC.

b)  During a valid Suspension, you will not be charged any Dance Membership fees.

c)  All Dance Membership fees must be paid up to date prior to requesting a Suspension.

d)  The minimum duration of a Suspension is two (2) consecutive weeks. You may continue your Suspension in fortnightly periods thereafter up to a maximum of twelve (12) weeks.

e)  You may activate a Suspension twice within a twelve (12) month period. Any additional Suspensions within that twelve (12) month period may incur additional non-refundable fees as per the Payment Terms.

f)  You may not activate a Suspension within the Minimum Term.

3.11  Cancellation:

a)  You may cancel your Dance Membership by completing this form or otherwise contacting SDC (“Cancellation Notice”). Upon valid Cancellation Notice, you will need to pay one full Billing Cycle in addition to the remainder of your current Billing Cycle before cancellation takes effect.

b)  Upon cancellation taking effect, your Dance Membership and access to the Member Benefits shall cease.

c)  SDC reserves the right to suspend or cancel your Dance Membership in its sole discretion due to unpaid fees. SDC also reserves the right to refuse future Dance Membership to you in these circumstances.

d)  SDC reserves the right to cancel your Dance Membership if you breach these Terms of Use or if your behaviour is not acceptable or for any other reason at its sole discretion. SDC also reserves the right to refuse future Dance Membership to you in these circumstances.

e)  You will not be refunded for unused Dance Membership periods.

3.12  SDC reserves the right to change the terms and conditions of Dance Membership and the Member Benefits at any time, at its sole discretion. We will notify you of any change prior to the date such change comes into effect via email sent to the email address you provided when creating your Dance Membership. If any such change has a materially detrimental effect on you, you may cancel your Dance Membership in accordance with Section 3.13 below.

3.13  If you wish to cancel your Dance Membership as a result of changes to terms and conditions of Dance Membership and the Member Benefits and in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about the changes along with reasonable explanation of the reasons that the changes have or will have a materially detrimental effect on you. Your cancellation will be effective as of the date of any such change, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

  1. Ticket Purchases for Performances:

4.1  Attendance to SDC events booked or purchased via the Sites and/or Services are also subject to these Terms of Use.

4.2  In the instance that a different company or entity is presenting a performance or show booked or purchased via the Sites and/or Services, a ticket purchased to any such performance or show will be subject to the terms and conditions of that company or entity.

4.3  Your admission to a performance is also subject to the venue’s terms and conditions. In particular, the following may form part of a venues terms and conditions:

a)  you may be denied entry into, or removed from, a venue where the venue has reasonable grounds to do so, including if you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the performance by others;

b)  food or drink may not be allowed inside a venue;

c)  if you arrive late, you may not be admitted until a suitable break in the performance;

d)  you may not be permitted to take into the venue, or use, cameras or other photographic or recording equipment (including mobile phones) during the performance; and

e)  you may be required to submit to a search of your person and/or possessions by the venue before entering the event.

4.4  If the amount you pay for a ticket is incorrect, SDC may cancel the ticket (or the order for a ticket) and refund to you the amount you paid. This applies regardless of whether the error arose due to:

a)  an error in a price communicated to you;

b)  the release of orders or tickets that were not supposed to have been released for sale; or

c)  human error or a transactional malfunction of a SDC operated system.

4.5  If SDC cancels a ticket, it may offer a replacement ticket to you at the most recent correct price for that ticket.

4.6 Refunds for performance tickets are payable in accordance with the Live Performance Australia Ticketing Code of Practice – Consumer Code. Exchanges for performance tickets or the replacement of lost, stolen or missing tickets may be permitted under certain conditions, but additional fees may apply.

4.7  SDC reserves the right to refuse sale of tickets to its performances or withdraw any tickets from sale.

4.8  Latecomers may only be admitted to a performance during a suitable break, which could be the first interval (if an interval is scheduled). In some cases, latecomers may not be admitted at all.

4.9  Where allocated seating is applicable, seat reservation for tickets purchased via the Sites and/or Services are on a “best available” basis.

4.10  Where concession tickets are purchased, suitable identification must be presented upon collection of the tickets.

4.11  Prepaid vouchers and gift cards cannot be replaced or refunded if lost, stolen or damaged, and cannot be exchanged for cash.

4.12  Advertised programs may be varied without notice. Artists may be added, withdrawn or substituted for performances and the right to vary prices, venues, seating arrangements and audience capacity is reserved.

4.13  Camera, video and audio recorders may not be used inside any venue of a performance, unless expressly authorised by the venue.

4.14  SDC reserves the right to broadcast or telecast any performance or event with or without notice to audience members.

4.15  Ticket holders enter the venue at their own risk. SDC will not be responsible for any loss, damage or injury arising from a pre-existing medical condition or due to breach of these Terms of Use.

4.16  Purchased tickets may not, without the prior written consent of SDC, be resold for commercial packages or at a premium, nor may they be packaged or used for advertising, promotional or other commercial purposes. If a ticket is sold in breach of this condition, the bearer of the ticket may be refused admission, subject to the discretion of SDC.

4.17  Tickets are only valid when purchased through an authorised agent. Sydney Dance Company reserves the right to cancel any ticket distributed in breach of this condition without refund.

  1. Ticket Purchases from Third Party Websites:

5.1  Tickets to SDC events can be booked or purchased via third party websites, which are not subject to these Terms of Use (“Third Party Websites”).

5.2  Any access or use by you of Third Party Websites is subject to the terms and conditions and privacy policies applicable to those Third Party Websites.

5.3  From time to time the Sites and/or Services may display third party advertising. By displaying such advertising, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated.

5.4  SDC does not accept responsibility in connection with any Third Party Website, or any third party advertising, product, event or services, whether endorsed by SDC or not.

5.5  Your engagement with such Third Party Websites or advertised products, events or services is entirely at your own risk.

5.6  SDC does not accept any responsibility for any communications or transactions between you and a third party using the Sites and/or Services tools or functionalities or for your participation in a third party’s event, competition or activity.

  1. Merchandise:

6.1  SDC merchandise can be purchased at shop.sydneydancecompany.com, which, along with its URLs, is operated by Sports & Entertainment Ltd (ABN 28 078 727 938) (“Merchandise Websites”).

6.2  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.

  1. Payment:

7.1  SDC accepts payment online via Minbody (Ezidebit) when purchasing dance, class and school holiday workshop tickets and Dance Memberships, and Tessitura (Payment Express) when purchasing tickets to a performance.

7.2  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.

7.3  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 SDC); and

c)  may change, at SDC’s discretion, without notice.

7.4  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.

  1. Your Personal Information and Privacy:

8.1  SDC’s Privacy Policy (available here) 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.

8.2  By using this Sites and/or Services, you consent to SDC retaining and using your personal information in accordance with our Privacy Policy.

  1. Competitions and Promotional Offers:

SDC may use the Sites to run competitions and other promotional offers. You acknowledge that by participating in such competitions and promotional offers, you have read and agree to be bound by any additional terms and conditions applicable to those competitions and promotional offers. Terms and conditions specific to each competition are available on the Competitions and Promotional page of the SDC Site.

  1. Intellectual Property:

10.1  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 SDC throughout the world.

10.2  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.

10.3  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 SDC, except to the limited extent provided for under these Terms of Use.

  1. Disclaimer:

11.1  You use the Sites and/or Services at your own risk.

11.2  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; AND

e)  WHATSOEVER IN RELATION TO ANY CANCELLATION, LOSS, DAMAGE, INJURY IN RELATION TO ANY TICKET PURCHASE, PERFORMANCE, PURCHASE OR CLASS.

  1. Liability and Indemnification:

12.1 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.

12.2  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.

12.3  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.

  1. 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.

  1. 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.

  1. 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.

  1. No Waiver:

No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.

  1. 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.

  1. 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 administrator@sydneydancecompany.com.