Terms & Conditions
THESE TERMS OF SERVICE (“TERMS”) SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE WEB SITE. BY ACCESSING, DOWNLOADING, OR USING THE WEB SITE, YOU ARE ACCEPTING THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE WEB SITE.
Our Content; Proprietary Rights
We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, or other materials on or available from such web sites.
If you choose to purchase a product or service offered on our web site, you will be asked to create an account and will be prompted to create your own unique user name and password. You must keep your account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account. You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce these Terms of Service.
Through Your use of the Website and Services, you may provide Divas on Demand by Pole Divas with certain information. By using the Website or the Services, you authorize the Company to use your information in Australia and any other country where we may operate.
a) Information We May Collect or Receive: When You register for an account, you provide us with a valid email address and may provide us with additional information, such as your name or billing information. Depending on how You use Our Website or Services, Divas on Demand by Pole Divas may also receive information from external applications that you use to access Our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain aspects of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable our access to any passive information we receive from the use of various technologies, You may choose to disable cookies in your web browser. Please be aware that the Divas on Demand by Pole Divas will still receive information about you that you have provided, such as your email address.
Our web site is hosted by Uscreen, which also assists in the processing of our orders. When you input your credit card information as payment for an order, Uscreen directly and securely transmits that information to its third party payment processor, who verifies the credit card and remits the payment to us. Neither we, nor Uscreen, ever store your credit card image or number. Sales and use taxes, as applicable by law, will be based on your location and our location and, purchase prices are inclusive of taxes. You will be responsible for paying any applicable taxes relating to your payments and will indemnify and hold harmless Divas on Demand by Pole Divas and Uscreen from your failure to pay any and all taxes, including sales tax, based incorrect information provided by you. If you believe you are entitled to a refund of any taxes, you are solely responsible for such determination. Uscreen also fulfills all orders for digitally distributed content by making that content available for viewing. It will inform you of the device and system requirements for accessing this content. You are responsible for completing the digital download, and for all risk of loss of the content after download. You acknowledge that the resolution and quality of the content received will depend on a number of factors, including the type of device on which it is streamed and available bandwidth. While we strive to provide a high quality viewing experience, neither we, nor Uscreen, make any guarantee as to the resolution or quality of the content. Upon receiving an order for any of our products, Uscreen will notify us so that we may fulfill the order directly.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. You agree to comply with all applicable laws in your use of our web site.
You shall not:
modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the web site;
remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the web site or any content;
“frame” or “mirror” any portion of the web site, or link to any material other than via the homepage of the URL or the URLs provided by us to you for such purposes, without our prior written authorization;
use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the web site; or
harvest or collect information about or from users of the web site without their express consent and, if such consent is provided, only pursuant to applicable law.
Warranties/Limitation of Liability
OUR CONTENT AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO OUR WEB SITE OR, SERVICES, WITHOUT LIMITATION, ANY WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT MAKE ANY WARRANTIES THAT THE WEB SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEB SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE WEB SITE, CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEB SITE AT ANYTIME WITHOUT NOTICE.WE WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS AGREEMENT OR YOUR USE OR INABILITY TO USE OUR WEB SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF OUR WEB SITE OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) Indemnification You agree to defend, indemnify and hold harmless Divas on Demand by Pole Divas and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of any of these Terms of Service or your violation of any law or the rights of a third party.
TERMS OF ENROLLMENT
The Divas on Demand by Pole Divas subscription includes:
Access to Divas on Demand by Pole Divas subscription portal available at ENTER URL
We are committed to providing all participants with a positive experience. Thus, Divas on Demand by Pole Divas may, at its sole discretion, limit, suspend, or terminate your participation in any of its programs, live, recorded, social media-based or digital without refund or forgiveness of remaining payments if:
you become disruptive or difficult to work with;
you fail to follow the program guidelines; or,
you impair the participation of our instructors or participants in our program(s).
You hereby acknowledge and agree that:
The content provided by Divas on Demand by Pole Divas is not intended as a substitute for, or in lieu of, other health and wellness training, certification, accreditation and/or licensing.
Your participation in this Program is not a substitute for any licensing requirements that may be applicable to you and does not independently authorize you to provide dance and fitness services.
Your activities in the health and wellness field remain subject to your education, qualifications and licensure.
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this training program only.
Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent.
The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
We assume no responsibility for errors or omissions that may appear in any program materials.
Usernames and passwords may not be shared with any third-parties.
Any violation of Company’s policies regarding content usage shall result in the immediate termination of your enrolment without refund.
Membership and Fees
Subscriptions are billed on a recurring monthly or annual basis based on the original sign-up date. Subscriptions rates are locked in meaning their rate will stay the same for as long as they are a subscriber, regardless of public pricing increases.
These Terms shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with these Terms. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.
Cancellation and Refund Policy
Your purchase of a product or service or ticket to an event may or may not provide for any refund. Monthly and annual Divas on Demand subscribers can cancel at any time to end future payment obligations. Active subscribers may cancel their subscription through their account settings after logging in at ENTER URL and will continue to receive access to their resources for the remainder of their paid subscription. After subscription has been terminated, subscribers will not have access to any subscription resources. Trial subscribers must cancel before the end of the trial period if they do not wish to continue the Divas on Demand subscription. Trial subscribers may cancel their subscription anytime and are not eligible for a refund.
Governing Law; Jurisdiction
These Terms are governed by the laws of Victoria without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to these Terms shall be instituted in any state court in Victoria, Australia or federal court in Victoria, Australia. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in such courts in any such legal action or proceeding
We reserve the right to make changes to these Terms at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review these Terms periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Terms.
Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site. Your participation, correspondence or business dealings with any third party found on or through our Site, regarding payment and delivery of specific goods and services, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Divas on Demand by Pole Divas shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information