Terms and Conditions
In these Terms and Conditions “we, our, us, Dance4me Pty Ltd ” refers to “Dance4me Pty Ltd”, “x-pole.com.au, dance4me.com.au, www.dance4me.com.au, the Website” refers to “www.xpole.com.au”.
- 1. Definitions
1.1 “Dance4me” means Dance4me Pty Limited, its successors and assigns or any person acting on behalf of and with the authority of Dance4me Pty Limited.
1.2 “Customer” means the person/s buying the Goods as specified in any invoice, document or order, and if there is more than one Customer is a reference to each Customer jointly and severally.
1.3 “Goods” means all Goods or Services supplied by Dance4me to the Customer at the Customer’s request from time to time (where the context so permits the terms ‘Goods’ or ‘Services’ shall be interchangeable for the other).
1.4 “Price” means the Price payable for the Goods as agreed between Dance4me and the Customer in accordance with clause 5 below.
- 2. Acceptance
2.1 The Customer is taken to have exclusively accepted and is immediately bound, jointly and severally, by these terms and conditions if the Customer places an order for or accepts delivery of the Goods.
2.2 These terms and conditions may only be amended with Dance4me’s consent in writing and shall prevail to the extent of any inconsistency with any other document or agreement between the Customer and Dance4me.
2.3 Any instructions received by Dance4me from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by Dance4me shall constitute acceptance of the terms and conditions contained herein.
2.4 These terms and conditions are meant to be read in conjunction with the Terms and Conditions posted on the Service Provider’s website. If there are any inconsistencies between the two documents then the terms and conditions contained in this document shall prevail.
2.5 Goods are supplied by Dance4me only on the terms and conditions of trade herein to the exclusion of anything to the contrary in the terms of the Customer’s order notwithstanding that any such order is placed on terms that purport to override these terms and conditions of trade.
2.6 The Customer acknowledges and accepts that any warranty provided by Dance4me is non-transferable.
2.7 Where the Customer is to return Goods to Dance4me’s repair centre, the Customer shall bear the costs of returning the Goods unless otherwise agreed by Dance4me.
2.8 The Customer shall direct any technical question to Dance4me’s Customer Service Department: X-POLE Australia, PO Box 253, Oyster Bay, NSW 2225, Australia or telephone +61 (02) 9589 2645.
- 3. Change in Control
3.1 The Customer shall give Dance4me not less than fourteen (14) days prior written notice of any proposed change of ownership of the Customer and/or any other change in the Customer’s details (including but not limited to, changes in the Customer’s name, address, contact phone or fax number/s, or business practice). The Customer shall be liable for any loss incurred by Dance4me as a result of the Customer’s failure to comply with this clause.
- 4. Electronic Transactions Act 2000
4.1 Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 9 of the Electronic Transactions Act 2000 or any other applicable provisions of that Act or any Regulations referred to in that Act.
- 5. Price and Payment
5.1 At Dance4me’s sole discretion the Price shall be either:
(a)as indicated on any invoice provided by Dance4me to the Customer; or
(b)Dance4me’s quoted price (subject to clause 5.2) which will be valid for the period stated in the quotation or otherwise for a period of thirty (30) days.
5.2 Dance4me reserves the right to change the Price if a variation to Dance4me’s quotation is requested.
5.3 At Dance4me’s sole discretion a non-refundable deposit may be required.
5.4 Time for payment for the Goods being of the essence, the Price will be payable by the Customer on the date/s determined by Dance4me, which may be:
(a)before delivery of the Goods;
(b)the date specified on any invoice or other form as being the date for payment; or
(c)for approved wholesale accounts, payment shall be due thirty (30) days following the date of any invoice given to the Customer by Dance4me.
5.5 Payment may be made by credit card (plus a surcharge of up to two and a half percent (2.5%) of the Price), or by any other method as agreed to between the Customer and Dance4me.
5.6 Unless otherwise stated the Price does not include GST. In addition to the Price the Customer must pay to Dance4me an amount equal to any GST Dance4me must pay for any supply by Dance4me under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.
- 6. Delivery of Goods
6.1 The Customer acknowledges and agrees that Dance4me will not deliver any Goods to a PO Box address.
6.2 Delivery of the Goods shall take place when the Goods have been delivered by Dance4me or Dance4me’s nominated carrier to the nominated delivery address in accordance with clause 6.4 below.
6.3 At Dance4me’s sole discretion the costs of delivery are:
(a)in addition to the Price; or
(b)for the Customer’s account.
6.4 Where it is arranged that Dance4me’s nominated carrier is to deliver the Goods then the Customer shall need to choose one of two following delivery options. Either:
(a)the Customer shall pay for a premium delivery service whereby delivery of the Goods shall only be deemed to have taken place when Dance4me’s carrier delivers the Goods to the nominated delivery address and the Customer (or their nominated agent) has physically signed for the delivery; or
(b)it shall be the Customer’s express responsibility to make all necessary arrangements to ensure that they (or a third party acting their behalf) is able to take delivery of the Goods whenever they are tendered for delivery by Dance4me’s carrier. Where this option (b) is chosen as the preferred delivery method then the Customer expressly acknowledges and agrees that if no person is there to receive the Goods when they are tendered for delivery that Dance4me’s carrier may (at the Customers sole risk) leave the Goods at the delivery address nominated, and that the Customer shall not be entitled to make any claim against either the carrier or Dance4me for any subsequent loss of, or damage to, those Goods.
6.5 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement.
6.6 Dance4me may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid in accordance with the provisions in these terms and conditions.
6.7 Any Goods on back-order may be delivered at a later date.
6.8 If delivery is delayed as a consequence of the Customer’s instructions, or lack thereof, then Dance4me may at is sole discretion, store the Goods for the Customer and the Customer shall be liable for all storage costs charged or incurred by Dance4me and in the event that the Goods are stored elsewhere all cartage charges incurred by Dance4me.
6.9 The failure of Dance4me to deliver shall not entitle either party to treat this contract as repudiated.
6.10 Dance4me shall not be liable for any loss or damage whatsoever due to failure by Dance4me to deliver the Goods (or any of them) promptly or at all, where due to circumstances beyond the control of Dance4me.
6.11 General delivery of Goods takes between seven (7) to ten (10) working days. If the Goods have not been received by the Customer after this time frame, then the Customer should contact Dance4me immediately. During this time there is a one (1) to two (2) day order processing time. Please be aware that if you are located in a rural area, delays may occur and Dance4me shall not be held accountable as delivery is through a third party service.
- 7. Risk
7.1 Risk of damage to or loss of the Goods passes to the Customer on Delivery and the Customer must insure the Goods on or before Delivery.
7.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Dance4me is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Dance4me is sufficient evidence of Dance4me’s rights to receive the insurance proceeds without the need for any person dealing with Dance4me to make further enquiries.
7.3 Where Dance4me gives advice, recommendations, information, assistance or service to the Customer or the Customers agent, regarding the Goods or Services then it is given in good faith and Dance4me shall not be liable in any way whatsoever for any damages, losses or costs however arising resulting from the Customer relying on the same.
7.4 The Customer acknowledges and agrees it is their responsibility to accurately measure the ceiling length so that the correct sized Goods are ordered and delivered to the Customer. In the event the Customer requires an extension on the Goods, this will be charged as a variation to the Price as per clause 5.2.
7.5 In the event the Customer wants to purchase Goods for use in a commercial manner, the Customer must first obtain written approval or consent from Dance4me. Approval may be granted or withheld by Dance4me for any reason and may be subject to further Terms and Conditions. In the event the product is to be used for commercial purposes, the Customer warrants to Dance4me that:
(a)only trained, professional pole dancers will use the Goods; and
(b)the Goods will at all times be adequately supervised and regulated; and
(c)the Customer or any other person using the Goods hereby indemnifies Dance4me against any injury, loss or damage. This waiver should be construed as a risk warning and is given as a risk warning in accordance with the provision of the Civil Liability Amendment (Personal Responsibility) Act 2002. Pole Dancing is a recreational activity that involves an obvious risk of physical harm.
7.6 The Customer acknowledges and agrees that as with any removable portable pole that relies on pressure between the floor and ceiling to keep it stable, damage can occur to the floor or ceiling. Dance4me shall not be held responsible for any damage caused to floors or ceilings in relation to installing or using the Goods.
7.7 Dance4me shall not be held responsible for any damage to property or injury to persons or third party during the installation or use of the Goods.
7.8 In the event of floor to ceiling poles that require pressure to stay in place, then the Customer acknowledges and agrees that the Goods cannot be installed using false, suspended or non rigid ceilings. The Customer further agrees that most ceilings, whether plasterboard or lather and plaster will flex with pressure, and therefore the retaining nails, pins and screws can be pushed out of the plasterboard when pressure is applied by the pole adjuster and Dance4me shall not be held liable for any damage caused as a result of this.
7.9 The Customer warrants to Dance4me that every person that uses the Goods or intends to use the Goods:
(a)has the required level of physical fitness to use the Goods; and
(b)will not use the Goods while they are under the influence of any drug which impairs capacity including alcohol, pharmaceutical preparations or any other substance; and
(c)have read the Product Instructions prior to assembly; and
(d)will comply with the Product Instructions and the safety precautions contained therein; and
(e)will lift, carry, install and use the Goods at their own risk; and
(f) will not use the multi-piece removable pole above the maximum recommended height of one hundred and thirty-two inches (132”), eleven foot (11’) or three thousand three hundred and fifty millimetres (3350mm); and
(g)is capable of making the above statements and
(h)waives and releases any and all claims whatsoever to the fullest extent to the law whether for personal injury, damage, losses and/or death which may result from the use of the Goods.
7.10 The Customer acknowledges and agrees that Dance4me’s website may contain hyperlinks to websites operated by other parties. Dance4me may provide third parties with products to sell or promotional materials to promote their Goods. Dance4me do not control such websites or third party promotions/activities and shall take no responsibility for, and will not incur any liability in respect of their activities. Dance4me’s inclusion of such hyperlinks to any websites or third party contacts does not imply any endorsement of views, statements or information contained in such websites/promotions.
7.11 The Customer accepts and acknowledges that the Goods supplied by Dance4me are designed for indoor use. Any damage to the Goods from being used outside may void any applicable warranty pertaining to the Goods under clause 11.
- 8. Title
8.1 Dance4me and the Customer agree that ownership of the Goods shall not pass until:
(a)the Customer has paid Dance4me all amounts owing to Dance4me; and
(b)the Customer has met all of its other obligations to Dance4me.
8.2 Receipt by Dance4me of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.
8.3 It is further agreed that:
(a)until ownership of the Goods passes to the Customer in accordance with clause 8.1 that the Customer is only a bailee of the Goods and must return the Goods to Dance4me on request.
(b)the Customer holds the benefit of the Customer’s insurance of the Goods on trust for Dance4me and must pay to Dance4me the proceeds of any insurance in the event of the Goods being lost, damaged or destroyed.
(c)Dance4me shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d)the Customer must not sell, dispose, or otherwise part with possession of the Goods other than in the ordinary course of business and for market value. If the Customer sells, disposes or parts with possession of the Goods then the Customer must hold the proceeds of any such act on trust for Dance4me and must pay or deliver the proceeds to Dance4me on demand.
(e)the Customer should not convert or process the Goods or intermix them with other goods but if the Customer does so then the Customer holds the resulting product on trust for the benefit of Dance4me and must sell, dispose of or return the resulting product to Dance4me as it so directs.
(f) the Customer irrevocably authorises Dance4me to enter any premises where Dance4me believes the Goods are kept and recover possession of the Goods.
(g)Dance4me may recover possession of any Goods in transit whether or not delivery has occurred.
(h)the Customer shall not charge or grant an encumbrance over the Goods nor grant nor otherwise give away any interest in the Goods while they remain the property of Dance4me.
(i) Dance4me may commence proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods has not passed to the Customer.
- 9. Personal Property Securities Act 2009 (“PPSA”)
9.1 In this clause financing statement, financing change statement, security agreement, and security interest has the meaning given to it by the PPSA.
9.2 Upon assenting to these terms and conditions in writing the Customer acknowledges and agrees that these terms and conditions constitute a security agreement for the purposes of the PPSA and creates a security interest in all Goods that have previously been supplied and that will be supplied in the future by Dance4me to the Customer.
9.3 The Customer undertakes to:
(a)promptly sign any further documents and/or provide any further information (such information to be complete, accurate and up-to-date in all respects) which Dance4me may reasonably require to;
(i) register a financing statement or financing change statement in relation to a security interest on the Personal Property Securities Register;
(ii) register any other document required to be registered by the PPSA; or
(iii)correct a defect in a statement referred to in clause 9.3(a)(i) or 9.3(a)(ii);
(b)indemnify, and upon demand reimburse, Dance4me for all expenses incurred in registering a financing statement or financing change statement on the Personal Property Securities Register established by the PPSA or releasing any Goods charged thereby;
(c)not register a financing change statement in respect of a security interest without the prior written consent of Dance4me;
(d)not register, or permit to be registered, a financing statement or a financing change statement in relation to the Goods in favour of a third party without the prior written consent of Dance4me;
(e)immediately advise Dance4me of any material change in its business practices of selling the Goods which would result in a change in the nature of proceeds derived from such sales.
9.4 Dance4me and the Customer agree that sections 96, 115 and 125 of the PPSA do not apply to the security agreement created by these terms and conditions.
9.5 The Customer waives their rights to receive notices under sections 95, 118, 121(4), 130, 132(3)(d) and 132(4) of the PPSA.
9.6 The Customer waives their rights as a grantor and/or a debtor under sections 142 and 143 of the PPSA.
9.7 Unless otherwise agreed to in writing by Dance4me, the Customer waives their right to receive a verification statement in accordance with section 157 of the PPSA.
9.8 The Customer must unconditionally ratify any actions taken by Dance4me under clauses 9.3 to 9.5.
9.9 Subject to any express provisions to the contrary nothing in these terms and conditions is intended to have the effect of contracting out of any of the provisions of the PPSA.
- 10. Security and Charge
10.1 In consideration of Dance4me agreeing to supply the Goods, the Customer charges all of its rights, title and interest (whether joint or several) in any land, realty or other assets capable of being charged, owned by the Customer either now or in the future, to secure the performance by the Customer of its obligations under these terms and conditions (including, but not limited to, the payment of any money).
10.2 The Customer indemnifies Dance4me from and against all Dance4me’s costs and disbursements including legal costs on a solicitor and own client basis incurred in exercising Dance4me’s rights under this clause.
10.3 The Customer irrevocably appoints Dance4me and each director of Dance4me as the Customer’s true and lawful attorney/s to perform all necessary acts to give effect to the provisions of this clause 10 including, but not limited to, signing any document on the Customer’s behalf.
- 11. Defects, Warranties and Returns, Competition and Consumer Act 2010 (CCA)
11.1 The Customer must inspect the Goods on delivery and must within forty-eight (48) hours of delivery notify Dance4me in writing of any evident defect/damage, shortage in quantity, or failure to comply with the description or quote. The Customer must notify any other alleged defect in the Goods as soon as reasonably possible after any such defect becomes evident. Upon such notification the Customer must allow Dance4me to inspect the Goods.
11.2 Under applicable State, Territory and Commonwealth Law (including, without limitation the CCA), certain statutory implied guarantees and warranties (including, without limitation the statutory guarantees under the CCA) may be implied into these terms and conditions (Non-Excluded Guarantees).
11.3 Dance4me acknowledges that nothing in these terms and conditions purports to modify or exclude the Non-Excluded Guarantees.
11.4 Except as expressly set out in these terms and conditions or in respect of the Non-Excluded Guarantees, Dance4me makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Goods. Dance4me’s liability in respect of these warranties is limited to the fullest extent permitted by law.
11.5 If the Customer is a consumer within the meaning of the CCA, Dance4me’s liability is limited to the extent permitted by section 64A of Schedule 2.
11.6 If Dance4me is required to replace the Goods under this clause or the CCA, but is unable to do so, Dance4me may refund any money the Customer has paid for the Goods.
11.7 If the Customer is not a consumer within the meaning of the CCA, Dance4me’s liability for any defect or damage in the Goods is:
(a)limited to the value of any express warranty as specified in the “Warranty against Defects” documentation provided to the Customer by Dance4me, at Dance4me’s sole discretion which may be an expressed warranty that will cease in respect of the Goods supplied from the date of order in accordance with clause 6 of Dance4me’s Terms and Conditions of Trade subject to eighteen (18) months;
(b)limited to the value of any warranty card provided to the Customer by Dance4me at Dance4me’s sole discretion;
(c)limited to any warranty to which Dance4me is entitled, if Dance4me did not manufacture the Goods;
(d)otherwise negated absolutely.
11.8 Subject to this clause 11, returns will only be accepted provided that:
(a)the Customer has complied with the provisions of clause 11.1; and
(b)Dance4me has agreed that the Goods are defective; and
(c)the Goods are returned within fourteen (14 days at the Customer’s cost (if that cost is not significant);
(d)the Goods are returned in as close a condition to that in which they were delivered as is possible; and
(e)in the original packaging materials, brochures and instruction material.
11.9 Notwithstanding clauses 11.1 to 11.8 but subject to the CCA, Dance4me shall not be liable for any defect or damage which may be caused or partly caused by or arise as a result of:
(a)the Customer failing to properly maintain or store any Goods;
(b)any damage owing to the Goods owing to environmental conditions such as humidity, rain, dirt, pitting or rusting from exposure to salt, minerals, sun, sand or other environmental factors;
(c)the Customer using the Goods for any purpose other than that for which they were designed;
(d)the Customer continuing the use of any Goods after any defect became apparent or should have become apparent to a reasonably prudent operator or user;
(e)the Customer failing to follow any instructions or guidelines provided by Dance4me;
(f) any misuse, abuse, unauthorised repair, improper handling or common damage resulting from extreme force such as bowing or bending;
(g)cleaning the Goods with products other than Metho or acetone (including but not limited to, soap, Brasso, water or any other spray cleaner);
(h)fair wear and tear including cosmetic wear, any accident, or act of God.
11.10 Dance4me may in its absolute discretion accept non-defective Goods for return in which caseDance4me may require the Customer topay handling fees of up to ten percent (10%) of the value of the returned Goods plus any freight costs.
11.11 Non-stocklist items or Goods made to the Customer’s specifications are under no circumstances acceptable for credit or return.
11.12 Dance4me will not accept the return on any DVD’s unless they are defective and comply with the provisions of clause 11.1.
11.13 Notwithstanding anything contained in this clause if Dance4me is required by a law to accept a return then Dance4me will only accept a return on the conditions imposed by that law.
- 12. Intellectual Property
12.1 Where Dance4me has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in Dance4me, and shall only be used by the Customer at Dance4me’s discretion.
12.2 The Customer hereby authorises Dance4me to utilise images of the Goods designed or drawn by Dance4me in advertising, marketing, or competition material by Dance4me.
12.3 In the event Dance4me gives approval in writing for the Customer to use any imagery derived from products, materials, websites, CD Roms, DVDs, movies, books and any other materials then Dance4me logo must be clearly visible.
12.4 In the event the Customer uses any pictures of dancers then the Customer acknowledges and agrees that the dancer’s names must be credited. The Customer agrees they shall contact Dance4me in this instance to obtain the pictures or the details.
- 13. Default and Consequences of Default
13.1 Interest on overdue invoices shall accrue daily from the date when payment becomes due, until the date of payment, at a rate of two and a half percent (2.5%) per calendar month (and at Dance4me’s sole discretion such interest shall compound monthly at such a rate) after as well as before any judgment.
13.2 If the Customer owes Dance4me any money the Customer shall indemnify Dance4me from and against all costs and disbursements incurred by Dance4me in recovering the debt (including but not limited to internal administration fees, legal costs on a solicitor and own client basis, Dance4me’s contract default fees, and bank dishonour fees).
13.3 Without prejudice to any other remedies Dance4me may have, if at any time the Customer is in breach of any obligation (including those relating to payment) under these terms and conditions Dance4me may suspend or terminate the supply of Goods to the Customer. Dance4me will not be liable to the Customer for any loss or damage the Customer suffers because Dance4me has exercised its rights under this clause.
13.4 If any account remains overdue after thirty (30) days then an amount of the greater of twenty dollars ($20.00) or ten percent (10%) of the amount overdue (up to a maximum of two hundred dollars ($200.00)) shall be levied for administration fees which sum shall become immediately due and payable.
13.5 Without prejudice to Dance4me’s other remedies at law Dance4me shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Dance4me shall, whether or not due for payment, become immediately payable if:
(a)any money payable to Dance4me becomes overdue, or in Dance4me’s opinion the Customer will be unable to make a payment when it falls due;
(b)the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
(c)a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
- 14. Cancellation
14.1 Dance4me may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the Customer. On giving such notice Dance4me shall repay to the Customer any money paid by the Customer for the Goods. Dance4me shall not be liable for any loss or damage whatsoever arising from such cancellation.
14.2 In the event that the Customer cancels delivery of Goods the Customer shall be liable for any and all loss incurred (whether direct or indirect) by Dance4me as a direct result of the cancellation (including, but not limited to, any loss of profits). Where the cancellation occurs after the Goods have been dispatched to the Customer, the Customer shall be liable for all associated costs in the return of the Goods to Dance4me. Should the Goods be damaged during such return to Dance4me, then Dance4me shall retain the payment for the Goods paid by the Customer to cover the costs of the Goods. The Customer acknowledges and accepts that all freight costs are non-refundable as they are paid to a third party.
- 15. Privacy Act 1988
15.1 The Customer agrees for Dance4me to obtain from a credit reporting body (CRB) a credit report containing personal credit information (e.g. name, address, D.O.B, occupation, previous credit applications, credit history) about the Customer in relation to credit provided by Dance4me.
15.2 The Customer agrees that Dance4me may exchange information about the Customer with those credit providers and with related body corporates for the following purposes:
(a)to assess an application by the Customer; and/or
(b)to notify other credit providers of a default by the Customer; and/or
(c)to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d)to assess the creditworthiness of the Customer including the Customer’s repayment history in the preceding two years.
15.3 The Customer consents to Dance4me being given a consumer credit report to collect overdue payment on commercial credit.
15.4 The Customer agrees that personal credit information provided may be used and retained by Dance4me for the following purposes (and for other agreed purposes or required by):
(a)the provision of Goods; and/or
(b)analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to the provision of Goods; and/or
(c)processing of any payment instructions, direct debit facilities and/or credit facilities requested by the Customer; and/or
(d)enabling the collection of amounts outstanding in relation to the Goods.
15.5 Dance4me may give information about the Customer to a CRB for the following purposes:
(a)to obtain a consumer credit report;
(b)allow the CRB to create or maintain a credit information file about the Customer including credit history.
15.6 The information given to the CRB may include:
(a)personal information as outlined in 15.1 above;
(b)name of the credit provider and that Dance4me is a current credit provider to the Customer;
(c)whether the credit provider is a licensee;
(d)type of consumer credit;
(e)details concerning the Customer’s application for credit or commercial credit (e.g. date of commencement/termination of the credit account and the amount requested);
(f) advice of consumer credit defaults, overdue accounts, loan repayments or outstanding monies which are overdue by more than sixty (60) days and for which written notice for request of payment has been made and debt recovery action commenced or alternatively that the Customer no longer has any overdue accounts and Dance4me has been paid or otherwise discharged and all details surrounding that discharge(e.g. dates of payments);
(g)information that, in the opinion of Dance4me, the Customer has committed a serious credit infringement;
(h)advice that the amount of the Customer’s overdue payment is equal to or more than one hundred and fifty dollars ($150).
15.7 The Customer shall have the right to request (by e-mail) from Dance4me:
(a)a copy of the information about the Customer retained by Dance4me and the right to request that Dance4me correct any incorrect information; and
(b)that Dance4me does not disclose any personal information about the Customer for the purpose of direct marketing.
15.8 Dance4me will destroy personal information upon the Customer’s request (by e-mail) or if it is no longer required unless it is required in order to fulfil the obligations of this agreement or is required to be maintained and/or stored in accordance with the law.
15.9 The Customer can make a privacy complaint by contacting Dance4me via e-mail. Dance4me will respond to that complaint within seven (7) days of receipt and will take all reasonable steps to make a decision as to the complaint within thirty (30) days of receipt of the complaint. In the event that the Customer is not satisfied with the resolution provided, the Customer can make a complaint to the Information Commissioner at www.oaic.gov.au.
- 16. General
16.1 The failure by Dance4me to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Dance4me’s right to subsequently enforce that provision. If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
16.2 These terms and conditions and any contract to which they apply shall be governed by the laws of New South Wales in which Dance4me has its principal place of business, and are subject to the jurisdiction of the courts in New South Wales.
16.3 Subject to clause 11 Dance4me shall be under no liability whatsoever to the Customer for any indirect and/or consequential loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Dance4me of these terms and conditions (alternatively Dance4me’s liability shall be limited to damages which under no circumstances shall exceed the Price of the Goods).
16.4 The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by Dance4me nor to withhold payment of any invoice because part of that invoice is in dispute.
16.5 Dance4me may license or sub-contract all or any part of its rights and obligations without the Customer’s consent.
16.6 The Customer agrees that Dance4me may amend these terms and conditions at any time. If Dance4me makes a change to these terms and conditions, then that change will take effect from the date on which Dance4me notifies the Customer of such change. The Customer will be taken to have accepted such changes if the Customer makes a further request for Dance4me to provide Goods to the Customer.
16.7 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, storm or other event beyond the reasonable control of either party.
16.8 The Customer warrants that it has the power to enter into this agreement and has obtained all necessary authorisations to allow it to do so, it is not insolvent and that this agreement creates binding and valid legal obligations on it.
All prices are in AUD.