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Courses Terms and Conditions
1.1 These terms and conditions govern the Courses of ‘The Ballet Foundations Masterclass’, ‘Inevitable Ballet Progress Planning kit’, ‘Aligned Ballet Technique – 6 week program’ (“the Courses”) which are digital Courses provided by The Dancer Next Door LLC ( “We”, “Us”, “Our”) whose registered office is at 312 W. 2nd St #2510, Casper, Wyoming 82601 to you, the person purchasing access to the Courses (“the Member” “You”).
1.2 Provision of the Courses will be subject to these terms and conditions and you are deemed to have accepted them when you purchase access to the Courses, unless we expressly agree in writing otherwise.
1.3 These terms and conditions along with our Privacy Notice which can be viewed at www.thedancernextdoor.com represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous Courses of dealings. Any reference to terms and conditions and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt these terms and conditions shall take priority over any other document in the event a conflict arises.
1.4 The Agreement between us will commence when you purchase access to the Courses and it shall continue until such time as it is terminated in accordance with these Terms and Conditions.
2.1 For the purposes of these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
Confidential Information | means ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and all other confidential and/or proprietary information; |
Member | means you, the person accessing the Courses and paying the Courses Fee; |
Courses Fee | means the amount payable in advance by the Member which entitles them to access the Courses; |
Courses Period | means the time period which begins the day after the Courses Fee is paid and continues indefinitely until the Courses is not offered as part of The Dancer Next Door LLC services anymore |
Course Services | means any or all of the services provided as part of the Courses including, but not limited to, a Masterclass taught live on ZOOM or recorded, recorded videos, workbooks, pdf documents |
Course Area | means the private group or area located at https://thedancernextdoor.thrivecart.com/l/ballet-foundations-masterclass/ |
Personal Data | means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”). |
By applying to become a Member, you agree and warrant that you:
3.1 are legally capable of entering into binding contracts;
3.2 are at least 18 years of age; and
3.3 will ensure that all of the information that you provide to us is true and accurate.
3.4 Your application and purchase of the Courses is a contractual offer that we may, at our sole discretion, accept. After making your application you will receive an email from us acknowledging that we have received notification of your application.
3.5 Our email acknowledgement is not our acceptance of your application. Our acceptance is indicated when we send your confirmation email (“Confirmation Email”) and a legally binding agreement between us will be formed once we send the Confirmation Email.
3.6 When you make an application to purchase access to the Courses you will be required to acknowledge that you wish access to the Courses to be provided to you immediately and that you acknowledge and agree that you will lose your legal right to change your mind and cancel this Courses except in accordance with these Terms and Conditions. Your other statutory rights as a consumer are not affected.
3.7 In the event we are unable to fulfil your application and deliver access to the Courses we shall notify you by email and provide you with a full refund of any Courses Fee paid.
4.1 Access to the Courses Area and all of the Courses Services are online only and no alternative will be provided.
4.2 We shall deliver the Courses Services with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content of the Online Courses is of satisfactory quality, fit for purpose, and as described.
4.3 We shall use our reasonable endeavours to ensure that all descriptions of the Courses correspond to the Courses that we shall deliver to you.
4.4 In delivering the Courses Services we may engage the services of our employees, contractors and other third-party providers as we deem necessary.
4.5 Whilst we shall make every effort to deliver the Courses Services in accordance with the details as set out within these Terms and Conditions, we reserve the right to amend, revise or make changes to the Courses or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Courses still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the Courses which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Courses.
4.6 As part of the Courses Services we may provide you with materials, information, resources, videos, data and other content (“Content”). By becoming a Member, you agree and accept that all such Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your Courses, and should not be copied, disclosed, or used for any commercial reasons without our express consent.
4.7 Any information, support and guidance we provide to you as part of the Courses is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.
4.8 Where, as part of the Courses Services, we offer interactive or live sessions via video link or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged and no alternative or replacement dates or times shall be offered if you are unable to attend for whatever reason.
4.9 It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Courses Area and use the Courses Services as provided. We shall not be liable to you in the event you are unable to access the Courses Area or any of the Courses Services.
4.10 The Courses Area is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our Courses Area or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Courses Area or our systems or processes which is caused due to routine or unexpected maintenance.
5.1 Your Courses are personal to you. On this basis you accept and agree that you will not share or disclose your access to the Courses, or your password to any private area, with any third party, or sell, licence or otherwise assign your rights in relation to the Courses.
5.2 We respect your privacy and confidentiality and we ask that you respect the privacy of other Members or individuals accessing the Courses in particular that you agree:
5.2.1 to act in a reasonable and responsible manner at all times when accessing the Courses Area and not to act in a manner which may cause offence, distress or alarm to any other Member or any other individual accessing the Courses;
5.2.2 not to record Sessions or any part of the Courses Services, for your personal use or otherwise;
5.2.3 not to share information, whether expressed to be confidential or not, that is shared by another Member;
5.2.4 not to capture or share images of any other Member or that include any other Member without that Member’s express permission;
5.2.5 not to use the Courses Area, any private group or any other associated groups for any unlawful purpose; and
5.2.6 that when accessing the Courses Area, any private group or any associated group that you will not upload, post, transmit or otherwise make available any content that:
5.2.6.1 infringes any copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
5.2.6.2 is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
5.2.6.3 discloses personal and/or confidential or sensitive information about another person;
5.2.6.4 is threatening or causes a Member to feel harassed or in fear; and/or
5.2.6.5 is classed as spam.
5.3 You accept that when you become a Member of the Courses that you may be required to review and make decisions concerning your education and development, health and wellness, and home life, and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your Courses with and participation in the Courses.
5.4 As part of the Courses Services you will have access to dance videos, workouts, and physical challenges (“Activities”). You accept and acknowledge that it is your responsibility to ensure that you are fit and well before engaging in any Activities and that during any Activity you remain responsible for monitoring your own physical condition so that you do not exceed the limits of your physical capabilities. If at any time you feel unwell whilst undertaking any of the Activities you must stop and seek medical assistance. If you are unsure as to your physical capabilities, or if you have concerns with regards to your health it shall be your responsibility to seek guidance from your general practitioner and obtain their consent before engaging in any of the Activities provided as part of the Courses Services.
5.5 Where you undertake Activities as part of the Courses Services it will be your responsibility for ensuring that you have a safe and sufficiently spacious area within which to carry out the Activities.
5.6 You accept and acknowledge that we are not registered health practitioners and that we are unable to provide any advice or undertake any assessment of your health or your physical capabilities.
5.7 In the event you have any concerns as to any aspect of our delivery of the Courses you agree to notify us of such concerns by email to [email protected] as soon as possible and allow us reasonable time to investigate your concerns and resolve them before you take any further action. For the purposes of this clause further action includes stopping payment of the Courses Fee or making any chargeback or similar claim.
5.8 If you experience a fault or other issue with any of the Courses Services please let us know immediately by email to [email protected]. We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund. For further information concerning your rights as a consumer please contact your local Citizens Advice Bureau.
5.9 You agree to notify us by email in the event you become aware of any inappropriate behaviour or content being displayed on or in the Courses Area, within any of our associated groups, or within our associated social media channels.
5.10 When accessing the Courses Area you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.
5.11 You accept and agree that all communication between us will be via electronic means. We shall contact you using the email address that you provide to us and it shall be your responsibility to contact us if that changes. Where we need to provide you with information, we shall do this via email or by posting information on our Website. You can contact us using the details set out below.
5.12 In the event you refuse or fail to comply with this Clause 5 then we shall be entitled to terminate your access to the Courses Services and any Sessions, associated groups or Courses Areas.
6.1 The Fee for access to the Courses is a single payment of $37 for the “Ballet Foundations Masterclass”, $27 for “Inevitable Ballet Progress Planning kit”, $97 for the “Aligned Ballet Technique – 6 week program” (“The Course Fees”).
6.2 All payments to be made to us shall be made in USD $ and are inclusive of VAT and any other taxes which may apply.
6.3 Payment can be made by credit card, through ThriveCart and Stripe.
6.4 Time shall be of the essence in respect of the payment of the Courses Fees.
6.5 Payment of the Courses Fees shall be made without deduction, set off or any form of withholding except as is required by law.
6.6 Cleared payment of the Courses Fee must be received by us before you are entitled to access the Course Services.
6.7 Where you wish to make payment of the Courses Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Courses Fees. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Courses then you agree to be responsible for payment of the Courses Fee within 7 days from access to the Courses being provided.
6.8 We reserve the right to vary the amount of the Courses Fees at any time. The Courses Fee that is shown on our Website or other Social Media Platforms at the time your purchase is made is the price that you will be required to pay
7.1 We offer a 14 day refund policy to your purchase of The Ballet Foundations Masterclass and/or the Aligned Ballet Technique – 6 week program as explained. If you are dissatisfied by the Course Services, you can apply for a full refund by sending an email to [email protected]. In this email, you must explain in detail the reasons for your refund request and provide evidence that you applied the knowledge you acquired within the Courses, but remained dissatisfied. Your application for a refund request does not guarantee that you are entitled to a refund. Following your refund request, we will review your refund request and make a decision. It is at our absolute discretion to accept or reject your refund request. In case we decide to provide you a refund, we will return the Course Fee to the payment method you provided during your payment of the Course Fee and we shall notify you by email. In case we reject your refund request, we will notify you by email.
7.2 You accept and understand that in light of the 14 day refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. Should you have any concerns with the Courses then you agree to raise your concerns with us in accordance with these Terms and Conditions. In the event you choose to pursue a chargeback claim without first contacting us, then you accept that such action shall constitute a breach of these Terms and Conditions and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of $150 per hour.
7.3 The 14 day refund guarantee does not apply to the Inevitable Ballet Progress Planning kit. No refunds will be provided, under any circumstances for the Inevitable Ballet Progress Planning kit. All refund requests for the Inevitable Ballet Progress Planning kit will be rejected.
8.1 For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Course and any of the Services at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered at our absolute discretion.
8.2 We reserve our rights to terminate your access to the Services, with immediate effect, if you:
8.2.1 commit a material breach of your obligations under these terms and conditions; or
8.2.2 fail to provide payment of any amount due in respect of the Service Fee as and when it becomes due; or
8.2.3 have a bankruptcy petition presented against you or you become subject to a bankruptcy order; or
8.2.4 enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or
8.2.5 any of the circumstances arise as set out in clause 9.7.
8.3 We shall be entitled to limit the Services or suspend, and/or terminate the arrangement without refund of any Course Fee, whether paid or remaining due and payable, if we reasonably determine that you:
8.3.1 are becoming disengaged, disruptive or if you impair the provision of the Services or the enjoyment of the Services by any other Member. For the purposes of these terms and conditions, the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Services, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or
8.3.2 are failing to follow or abide by any of these terms and conditions or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
8.4 Upon termination of this arrangement for any reason:
8.4.1 all clauses which either expressly or by their nature relate to the period after the delivery of the Services or expiry or termination of the same shall remain in full force and effect; and
8.4.2 you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise; and
8.4.3 You shall (except to the extent referred to in clause 9.3) cease to use, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain a record of any Confidential information.
9.1 We understand and respect the value of Confidential Information and in the event you choose to share Confidential Information with us as part of your use of the Courses Services then we shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes and Confidential information that you may disclose to us or that may be disclosed as part of your participation in the Courses and your access to the Courses Services to which these Terms and Conditions relate.
9.2 Confidential Information for the purposes of these Terms and Conditions excludes any information that:
9.2.1 was already known to us prior to being provided with that information by you;
9.2.2 is already accessible in the public domain;
9.2.3 is provided to us by a third party separately from this arrangement and without any breach of these Terms and Conditions; or
9.2.4 is produced, developed or collated by us independently of you and without any breach of these Terms and Conditions.
9.3 We shall grant to you a personal, limited, non-transferable, revocable licence to access, view and use any Content provided as part of the Courses Services solely for your personal and private use and for the purposes intended by, and for the duration of your Courses, as set out in these Terms and Conditions. All other uses are strictly prohibited.
9.4 In respect of the Courses Services to be provided pursuant to these Terms and Conditions we both agree that in relation to any personal information, whether confidential or not, that is shared between us that we shall both be individually responsible to comply with any and all relevant data protection laws and legislation, including the GDPR, and agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at www.thedancernextdoor.com.
9.5 We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Courses Services and shall only retain it for as long as is necessary to allow completion and delivery of the Courses and to comply with any legal or regulatory requirements in accordance with relevant retention guidance.
9.6 By purchasing access to the Courses, you hereby agree and undertake that from the date of purchase:
9.6.1 not to infringe any of our, or any Members’, copyrights, patents, trademarks, trade secrets or other intellectual property rights;
9.6.2 that any Confidential Information disclosed by us, or by another Member, is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;
9.6.3 not to disclose such Confidential Information to any other person or use it in any manner other than in discussions as part of your participation in the Courses and your use of the Course Services;
9.6.4 that all Content provided by us or another Member, is that individual’s confidential and proprietary intellectual property and belongs solely and exclusively to them, and may only be used by you as expressly authorised by the person disclosing it; and
9.6.5 the reproduction, distribution, and/or sale of any Content provided during provision of the Course Services or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of your obligations contained in these Terms and Conditions then damages, loss, or irreparable harm may arise and that in such circumstances we shall be entitled to seek relief, including injunctive relief against you.
9.7 We shall be permitted to disclose Confidential Information to any director, officer, employee, agent, sub-contractor or adviser only to the extent necessary for the performance of the Services.
9.8 In the event you choose to share comments, information, content, photos, graphics or images (“Member Content”) with us then in doing so you are granting to us, free of charge, permission to use your Member Content in any way as part of our business services. Such uses shall include advertising and marketing.
9.9 Where you choose to share Member Content with us as defined above, you confirm that you have the legal right to share that Member Content and that it does not infringe any third party’s intellectual property or other rights.
9.10 Where you provide us with a testimonial, review or similar information (“Review”) then in doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
9.11 The obligations set out above shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.
9.12 The provisions of this Clause 9 shall continue in force notwithstanding the termination of our arrangement for any reason.
10.1 Your purchase of access to the Courses and your compliance with these Terms and Conditions does not constitute or imply any business relationship other than as set out within this Agreement.
10.2 We warrant that the content of the Courses is of satisfactory quality and reasonably fit for the purposes in which it is intended to be used as described on our Website and social media platforms.
10.3 Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
10.4 By participating in the Courses you will have access to information designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Since your success and any results are dependent on factors which are outside of our control, we do not guarantee that any particular results or success will be achieved.
10.5 We have made every effort to accurately represent the Courses. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.
10.6 We do not warrant or guarantee that your access to the Courses will be:
10.6.1 accessible via your particular hardware or software;
10.6.2 free from interruptions or errors;
10.6.3 free from defects;
10.6.4 suitable for your particular situation or circumstances.
10.7 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
10.7.1 any indirect, consequential or special damages, losses or costs;
10.7.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
10.7.3 any failure to deliver the Courses Services where we are prevented due to a reason behind our reasonable control; or
10.7.4 any losses arising from your choices of Courses Service requested or your use of the Courses Services once delivered.
10.8 In the event damages are incurred by you as a result of our default or breach of these Terms and Conditions, our entire liability is limited to the amount of the Courses Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 10.8 is fair and reasonable given the nature of this arrangement and the provision of the Courses Services.
10.9 We shall not be liable to you where we have informed you of a problem with the Courses Services and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.
10.10 Nothing in these Terms and Conditions seeks to excuse or limit your legal rights as a consumer. For further information concerning your legal rights please contact your local Citizens Advice Bureau or the equivalent free legal support within your territory.
10.11 Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
10.12 During the term of your Courses, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
10.13 In the event a dispute arises in connection with these Terms and Conditions and the provision of the Courses Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.
11.1 The failure of either Party to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of and any such failure shall not constitute a waiver, diminution or limitation of any right.
11.2 In the event any provision of these Terms and Conditions is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
11.3 Every effort will be made to deliver the Course Services in accordance with these Terms and Conditions but we shall not be liable for any delay or failure in provision of the Course Services should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the United States during which State of Wyoming law is applicable to, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Courses Services shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Courses Services, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
11.4 Where an Event arises, we shall provide you with a notice in writing sent to the email address which you provide to us, and which it shall be your duty to inform us should it change, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event.
11.5 Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate these Courses by providing the other with 7 days notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of these Terms and Conditions occurring prior to termination. Any refunds will be considered at our discretion.
11.6 Governing Law and Designation of Forum. (a) The laws of the State of Wyoming (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of Wyoming sitting in Natrona County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Wyoming sitting in Natrona County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.
11.7 You agree that no other representations have been made by us to induce you into purchasing the Courses and no modification or variation to these Terms and Conditions shall be effective unless agreed in writing.
11.8 Save as provided for in clause 10.12 the Contracts (Rights of Third Parties) Act 1999 shall not apply.
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