Welcome to backstreetdance.com.au website. This site is owned and operated by Jeffrey and Deborah Storer, a trustees for the Storer Family Trust, trading as Backstreet Dance.

These Terms of Use, along with policies and guidelines located throughout the backstreetdance.com.au website identify what users of the backstreetdance.com.au website can expect from backstreetdance.com.au and what we expect from users. By accessing any areas of backstreetdance.com.au, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the backstreetdance.com.au website.

Terms and Conditions

(Last Updated: 04.11.2015)

1. What We Do

Backstreet Dance is a website for providing information on dance classes, delivered to users through the website.

2. Acceptance of Terms

(a) The website backstreetdance.com.au (“Website”) is owned and operated by the Storer Family Trust (“Owner”) legally operating in Australia trading as Backstreet Dance.

(b) By accessing, registering or using the Website you:

(i) acknowledge that you are over thirteen (18) years of age; and

(ii) agree to be bound by these Terms and Conditions and Privacy Policy. If you do not agree to the Terms and Conditions please exit Backstreet Dance and do not proceed to access Backstreet Dance in any way.

(c) The Owner reserves the right to modify, permanently or temporarily disable or discontinue any part of Backstreet Dance and to alter, amend or withdraw any part of the Privacy Policy, these Terms and Conditions or any information or material appearing on Backstreet Dance at any time, without liability or further notice to you. Your continued use of Backstreet Dance will constitute an automatic acceptance of any alteration, withdrawal or amendment of same.

3. Directions

Throughout the Term the Registered Member must comply with all reasonable and lawful directions that the Owner may issue in its discretion from time to time with respect to the use of and access to Backstreet Dance.

4. Your Warranties and Obligations

4.1 You agree to:

(a) comply with these Terms and Conditions, along with all applicable laws and regulations;

(b) comply with the Owner’s Privacy Policy and any other policy the Owner publishes on Backstreet Dance from time to time;

(c) use Backstreet Dance in good faith and for lawful purposes.

4.2 You must not:

(a) disclose your membership number to any other person, other than your immediate family;

(b) post or send any material, or do anything which is unlawful, offensive, abusive, indecent, defamatory or menacing, or in breach of any publicity, privacy or other rights of others;

(c) upload or post any content in violation of any third party intellectual property rights;

(d) post commercial advertisements or promotional material without the Owner’s consent;

(e) cause annoyance, inconvenience or needless anxiety to others;

(f) collect information from Backstreet Dance (including information about other users);

(g) disrupt, modify, reverse engineer, interfere, upload, re-transmit or copy the layout of the Website or any associated computer software or code contained in Backstreet Dance and/or servers in any way;

(h) impede or interfere with others’ use of Backstreet Dance and further, alter or tamper with any information or materials on or associated with Backstreet Dance;

(i) metatag or mirror the Website without the Owner’s prior written permission;

(j) attempt to gain access to Backstreet Dance servers by any means, other than by http requests using a web browser.

(k) copy, share or use the Backstreet Dance logo in anyway.

(l) copy, share or use the cartoons/illustrations/photographs on the Backstreet Dance website in anyway.

5. Use of Material on Backstreet Dance

(a) You must not reproduce, distribute, re-transmit, upload, repost, or “frame” any of the information or material on the Website for any purpose.

(b) The Owner remains the owner of all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on Backstreet Dance may not be:

(i) re-sold and/or re-distributed in any material form;

(ii) stored in any storage media; and/or

(iii) re-transmitted in any media,

without the prior written consent of the Owner.

6. Intellectual Property

(a) Subject to these Terms and Conditions, upon registering as a member, the Owner grants you a limited, non-exclusive, non-transferable licence to use Backstreet Dance material for personal, non-commercial purposes.

7. Third Party Sites

(a) The Website may contain links to third party websites, owned and operated by third parties and outside the Owner’s control. The Owner takes no responsibility for the information/material contained or privacy compliance by any linked websites, and does not endorse any aspect of these third party services. Such links are provided for convenience only. You use these third party services at your own risk.

(b) If you choose to purchase goods or services from a third party, including one accessed from the Website, you are entering a separate agreement with that third party, and expressly agree that the Owner is not a party to any such transaction.

(c) You may link the Website without the Owner’s consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of the Website's contents including any intellectual property notices and you must not frame or reformat any of the Owner’s pages, files, images, text or other materials.

8. Third Party Applications

(a) You use and disclose information to third party application at your own risk.

9. Disclaimer

(a) Whilst all due care has been taken in providing the information on Backstreet Dance, the Owner does not provide any warranty either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

(b) To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.

(c) All due care is taken in ensuring that Backstreet Dance is free of any virus, worm, Trojan horse and/or malware, however the Owner is not responsible for any damage to your computer system or device which arises in connection with your use of Backstreet Dance or any linked website.

(d) The Owner undertakes to take all due care with any information which you may provide when accessing Backstreet Dance. However the Owner does not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to Backstreet Dance is entirely at your own risk although the Owner undertakes to take reasonable steps to preserve such information in a secure manner.

(e) From time to time the Owner may host third party content on the Backstreet Dance website such as advertisements and endorsements belonging to third parties. Responsibility for the content of such material rests with those third parties and the Owner is not responsible for any errors or omissions in such material.

(f) The Owner strives to ensure that the Backstreet Dance products are described as accurately as possible, however no warranty is made that the description is accurate. Where the Owner becomes aware of any misdescription, the Owner reserves the right to correct any error or omission.

10. No Warranty

(a) Every effort has been made to ensure that the information and material provided on Backstreet Dance is accurate and complete. However, the Owner does not warrant, guarantee or make any representation that:

(i) Backstreet Dance, or the server that makes Backstreet Dance available are free of any virus, worm, Trojan horse and/or Malware;

(ii) the functions contained in any software enclosed on Backstreet Dance will operate uninterrupted or are error-free; and

(iii) that errors and defects in Backstreet Dance will be corrected in a timely manner, if at all.

(b) The Owner is not liable to you for:

(i) errors or omissions in Backstreet Dance; or

(ii) delays to, interruptions of or cessation of the services provided on Backstreet Dance;

regardless of whether caused through the negligence of the Owner, its employees or independent contractors, or through any other cause.

11. Limitation of Liability

To the full extent permitted by law:

(a) the Owner’s liability for breach of an implied warranty or condition is limited to the supply of the services again or payment of the costs of having those services supplied again;

(b) the Owner accepts no liability for any loss whatsoever including consequential loss suffered by you arising from the services we have supplied; and

Under no circumstances shall Deborah Storer or Backstreet Dance be liable for any damages that result from the use of or inability to use the backstreetdance.com.au website, including but not limited to reliance by a user on any information obtained from the backstreetdance.com.au website or that result from mistakes, omission, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to backstreetdance.com.au records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise and service available through the backstreetdance.com.au website.

12. Indemnity

You will at all times indemnify and keep indemnified the Owner and its respective officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of your use of the Backstreet Dance website or any breach of these Terms and Conditions by you.

13. Privacy

Compliance with privacy legislation is set out in a separate Privacy Policy which may be accessed from the Website.

14. General

14.1 Jurisdiction

(a) This Agreement is governed by the law in force in the State of Queensland.

(b) Each party submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, in relation to any proceedings that may be brought at any time relating to this Agreement.

(c) Each party irrevocably waives any objection it may have now or in the future to the venue of any proceedings where that venue falls within Queensland.

14.2 Severability

Any provision of the Terms and Conditions that is illegal, void or unenforceable will be severed without prejudice to the balance of the provisions of the Terms and Conditions which shall remain in force.

14.3 Force Majeure

If a Force Majeure event causing delay continues for more than thirty (30) days, the Owner may terminate this agreement by giving at least seven (7) days notice to you. “Force Majeure” means any act, circumstance or omission over which the Owner could not reasonably have exercised control.

15. Modification

Backstreetdance.com.au reserves the right to make changes to the backstreetdance.com.au website, posted policies and these Terms of Use at anytime without notice. These Terms of Use were last revised on 5th November 2015.

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