Service terms of sale

Introduction

1.1 These terms of sale govern the service of Private Ballet Sessions with Olia (“the Service “) which is a one to one service provided by The Dancer Next Door ( “We”, “Us”, “Our”),  to you, the person purchasing access to the Service (“the Member” “You”).

1.2 Provision of the Service will be subject to these terms of sale and you are deemed to have accepted them when you purchase access to the Service, unless we expressly agree in writing otherwise.

1.3 These terms of sale along with our Privacy Notice which can be viewed at https://thedancernextdoor.com/privacy-policy/ 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 course of dealings. Any reference to terms of sale and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt these terms of sale 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 Service and it shall continue until such time as it is terminated in accordance with these terms of sale.

Definition and Interpretation

2.1 For the purposes of these terms of sale, 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 Service and paying the Service Fee or the Monthly Fee;

Service Fee
Monthly Fee
means the amount payable in advance by the Member which entitles them to access the Service;
Service Period
means the time period which begins the day after the Service Fee or the Monthly Fee is paid and continues on for a period of approximately 3 months;

Services
means any or all of the services provided as part of the Service including, but not limited to, recorded videos, access to learning platform, workout videos, interactive coaching sessions and other related resources

Service Area
means the private group or area located at https://thedancernextdoor.thrivecart.com/l/private-ballet-sessions/

Personal Data
Means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”)

Becoming a Member

3.1 By applying to become a Member, you agree and warrant that you:

3.1.1 are legally capable of entering into binding contracts;

3.1.2 are at least 18 years of age; and

3.1.3 will ensure that all of the information that you provide to us is true and accurate.

3.2 Your application and purchase of the Service 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.

3.3 Our email acknowledgment 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.

3.4 When you make an application to purchase access to the Service you will be required to acknowledge that you wish access to the Service 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 Service except in accordance with these terms of sale. Your other statutory rights as a consumer are not affected.

3.5 In the event we are unable to fulfil your application and deliver access to the Service we shall notify you by email and provide you with a full refund of any Service Fee or the Monthly Fee paid.

The Services

4.1 Access to the Service Area and all of the Services are online only and no alternative will be provided.

4.2 We shall deliver the 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 Course 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 Service correspond to the Service that we shall deliver to you.

4.4 In delivering the 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 Services in accordance with the details as set out within these terms of sale, we reserve the right to amend, revise or make changes to the Service 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 Service 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 Service which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Service.

4.6 As part of the 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 Service, 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 Service 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 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. In case you are unable to attend, you must give notice three or more hours prior to the arranged time for the sessions. You can ask to reschedule a session up to three times. If the same session is rescheduled more than three times, or if notice isn’t provided within the required time limits, the session will be considered as completed and no refunds or replacements will be given by us.

4.9 It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Service Area and use the Services as provided. We shall not be liable to you in the event you are unable to access the Service Area or any of the Services.

4.10 The Service 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 Service Area or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Service Area or our systems or processes which is caused due to routine or unexpected maintenance.

Your Obligations

5.1 Your Service is personal to you. On this basis you accept and agree that you will not share or disclose your access to the Service, or your password to any private area, with any third party, or sell, licence or otherwise assign your rights in relation to the Service.

5.2 We respect your privacy and confidentiality and we ask that you respect the privacy of other Members or individuals accessing the Service in particular that you agree:

5.2.1 to act in a reasonable and responsible manner at all times when accessing the Service 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 Service;

5.2.2 not to record Sessions or any part of the 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 Service Area, any private group or any other associated groups for any unlawful purpose; and

5.2.6 that when accessing the Service Area, any private group or any associated group that you will not upload, post, transmit or otherwise make available any content that:

infringes any copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
discloses personal and/or confidential or sensitive information about another person;
is threatening or causes a Member to feel harassed or in fear; and/or
is classed as spam.

5.3 You accept that when you become a Member of the Service that you may be required to review and make decisions concerning your lifestyle, education, development, health and wellness, 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 Service with and participation in the Service.

5.4 As part of the 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 Services.

5.5 Where you undertake Activities as part of the 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 Service 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 Service Fee or the Monthly Fee or making any chargeback or similar claim.

5.8 If you experience a fault or other issue with any of the 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 Service Area, within any of our associated groups, or within our associated social media channels.

5.10 The Service Area is a private area. To gain access to the Service Area you will be required to set up an account and it shall be your responsibility to:
5.10.1 provide the correct information to set up your access to the private area or create your account; and
5.10.2.keep your password or any other access information private, safe and secure; and
5.10.3.to notify us should you become aware of, or suspect that a third party is aware of your password or access details.

5.11 When accessing the Service 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.

5.12 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.

5.13 In the event you refuse or fail to comply with this Clause 5 then we shall be entitled to terminate your access to the Services and any Sessions, associated groups or Service Areas.

Fees and Charges

6.1 The Fee for access to the Service is:
6.1.1 $77 per single session (“The Service Fee”)
OR
6.2.2 $297 per package of six sessions (“The Service Fee”)
OR
6.2.3 $197 per month, equivalent to four sessions (“The Monthly Fee”)

6.2 All payments to be made to us shall be made in US dollars $ and are inclusive of VAT and any other taxes which may apply.

6.3 Payment can be made in Thrive cart, by credit card, or Stripe.

6.4 Time shall be of the essence in respect of the payment of the Service Fee or the Monthly Fee.

6.5 Payment of the Service Fee or the Monthly Fee shall be made without deduction, set off or any form of withholding except as is required by law.

6.6 Cleared payment of the Service Fee or the Monthly Fee must be received by us before you are entitled to access the Services.

6.7 Where you wish to make payment of the Service Fee or the Monthly Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Service Fee or the Monthly Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Service then you agree to be responsible for payment of the Service Fee or the Monthly Fee within 7 days from access to the Service being provided.

6.8 At the end of your Service Period, unless further payment of the Service Fee or the Monthly Fee is made, your access to the Service Site and any Services will be terminated.
6.9 We reserve the right to vary the amount of the Service Fee and the Monthly Fee at any time. The Service Fee and the Monthly 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

Refund Policy

7.1 No refund policy shall apply to your purchase of the Online Course as explained in clause 3.4, save where a fault exists as set out in clause 5.7 or where clause 8.4 applies.

7.2 You accept and understand that in light of the no 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 Service then you agree to raise your concerns with us in accordance with these terms of sale. 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 of sale 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 $100 per hour.

Cancellation and Termination
8.1 Your Service will automatically terminate at the end of your Service Period if payment of the Service Fee or the Monthly Fee for the following month is not paid in full.

8.2 For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Service 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.

8.3 We reserve our rights to terminate your access to the Services, with immediate effect, if you:

8.3.1 commit a material breach of your obligations under these terms of sale; or
8.3.2 fail to provide payment of any amount due in respect of the Service Fee or the Monthly Fee as and when it becomes due; or
8.3.3 have a bankruptcy petition presented against you or you become subject to a bankruptcy order; or
8.3.4 enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or
8.3.5 any of the circumstances arise as set out in clause 9.7.

8.4 We shall be entitled to limit the Services or suspend, and/or terminate the arrangement without refund of any Service Fee or the Monthly Fee, whether paid or remaining due and payable, if we reasonably determine that you:
8.4.1 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 of sale, 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
8.4.2 are failing to follow or abide by any of these terms of sale or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.

8.5 Upon termination of this arrangement for any reason:

8.5.1 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
8.5.2 you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise; and
8.5.3 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.

8.6 If you choose the Subscription and to pay the Monthly Fee, you must cancel at least two days prior the arranged date of your rebill. If you cancel, after that time, you may be charged with the Monthly Fee. In this case, you will have access to one more month of four private ballet sessions.

8.6.1 If you subscribe and cancel your subscription two or more times within a period of three months, you lose the right to subscribe and pay the Monthly Fee for 12 months. Within that period of 12 months, you may purchase a single session or a package of six sessions and pay the Service Fee

Confidentiality, Intellectual Property and Data Protection

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 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 Service and your access to the Services to which these terms of sale relate.

9.2 Confidential Information for the purposes of these terms of sale 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 of sale; or
9.2.4 is produced, developed or collated by us independently of you and without any breach of these terms of sale.
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 Services solely for your personal and private use and for the purposes intended by, and for the duration of your Service, as set out in these terms of sale. All other uses are strictly prohibited.

9.4 In respect of the Services to be provided pursuant to these terms of sale 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 https://thedancernextdoor.com/privacy-policy/

9.5 We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services and shall only retain it for as long as is necessary to allow completion and delivery of the Service and to comply with any legal or regulatory requirements in accordance with relevant retention guidance.

9.6 By purchasing access to the Service, 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 Service and your use of the 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 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 of sale 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.

Liability

10.1 Your purchase of access to the Service and your compliance with these terms of sale 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 Service 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 Service 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 Service. 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 Service 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 business 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 Services where we are prevented due to a reason behind our reasonable control; or
10.7.4 any losses arising from your choices of Service Service requested or your use of the Services once delivered.

10.8 In the event damages are incurred by you as a result of our default or breach of these terms of sale, our entire liability is limited to the amount of the Service Fee or the Monthly 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 Services.

10.9 We shall not be liable to you where we have informed you of a problem with the 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 of sale 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.

10.11 Nothing in these terms of sale 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 Service, 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 of sale and the provision of the 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.

General
11.1 The failure of either Party to actively enforce any provision of these terms of sale 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 of sale 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 Services in accordance with these terms of sale but we shall not be liable for any delay or failure in provision of the 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 Services shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the 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 this Service by providing the other with 14 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 of sale occurring prior to termination. Any refunds will be considered at our discretion.

11.6 These Terms and Conditions shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.

11.7 You agree that no other representations have been made by us to induce you into purchasing the Service and no modification or variation to these terms of sale 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.