The Balanced Dancer's Website Terms & Conditions of Use (Terms)
1. Introduction
The website located at http://www.thebalanceddancer.com (Website) is owned and operated by The Balanced Dancer Pty Ltd ACN 615 296 387 trading as The Balanced Dancer (The Balanced Dancer, we or us).
These are the terms on which The Balanced Dancer permits users (referred to as you or your) to:
a) access and use the Website including using the information and functionality made available through the Website; and
b) view and interact with any content, information, communications, text or other material on the Website (Material).
By using or accessing any part of the Website or the Material, you acknowledge that you have read, understood and agreed to be bound by these Terms.
The Balanced Dancer may from time to time review and update these Terms including to take account of new laws, regulations, products or technology. Your use of the Website will be governed by the most recent Terms posted on the Website. By continuing to use the Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2. Changes to the Website and Material
The Website and the Material are subject to change at any time without notice and may contain errors. The Balanced Dancer makes no warranties or representations as to the quality, accuracy, completeness or suitability for any purpose of the Website or the Material. In particular, The Balanced Dancer does not provide you with legal, financial or other advice by means of the Website or the Material. You should obtain independent legal advice before acting on any Material.
To the extent permitted by law, The Balanced Dancer excludes all warranties, whether express or implied, in relation to the Website, the Material, all links to or from the Website, and the products and services accessible thereby.
3. Material
The Material on the Website is for marketing, general information and promotional purposes only. The Balanced Dancer does not warrant or make any representations as to the Material, including any third party products or services described or referred to in the Material. The Material may contain errors. Any use of the Material is at your own risk.
All intellectual property rights, including copyright, in the Website and Material are owned or licensed by The Balanced Dancer or any of its related entities. You must not copy, modify or transmit any part of the Website or the Material.
The Material and Website contains trade marks, logos and trade names of The Balanced Dancer or third parties which may be registered or otherwise protected by law. You are not permitted to use any trade marks, logos or trade names appearing on the Website.
You may in common with other users, use the Material and Website for your own personal use, subject to the restrictions specified below under the heading "Prohibited Uses" and elsewhere in these Terms. It is not to be otherwise used for commercial exploitation.
If you have a complaint regarding the Website or any Material, we may review any written complaint and, if we see fit, in our sole discretion, modify or remove the particular Material.
4. Prohibited Uses
You agree that in accessing and using the Website, you will not engage or attempt to engage in any activities that:
a) download (other than page caching) or modify the Website or any portion of the Website;
b) bypass (or attempt to bypass) any security mechanisms imposed by the Website;
c) impersonate or falsely claim to represent a person or organisation;
d) are commercial, including selling, marketing, advertising or promoting goods or services
e) frame the Website;
f) link to, or otherwise communicate or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information, or otherwise use the Website in a manner which is unlawful or would infringe the rights of another person including any intellectual property rights; or
g) link, or otherwise communicate or distribute any material or information that we deem inappropriate.
5. Links
The Website may contain links to other websites. The Balanced Dancer provides those links as a ready reference for searching the internet and not as an endorsement of those other websites, their operators or the goods and services that they describe. The Balanced Dancer is not responsible for and will not be liable in respect of the content or operation of those other websites or any of the goods and services that they describe.
Facebook, Twitter, Instagram, LinkedIn, YouTube and other third party websites which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access these third party linked sites, you do so at your own risk. The Balanced Dancer is not responsible for and will not be liable in respect of the content or operation of those other websites or any of the goods, services or content that they describe. The Balanced Dancer is not responsible for and will not be liable in respect of any incorrect link to an external website.
6. Access and communication
Subject to the consumer guarantees provided for in the Australian Consumer Law being Schedule 2 to the Competition and Consumer Act 2010 (Cth) (ACL), The Balanced Dancer does not warrant that you will have continuous access to the Website.
The Balanced Dancer will not be liable if the Website is unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities, interruption in telecommunications supply or otherwise.
The Balanced Dancer does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
Whilst The Balanced Dancer takes reasonable precautions to protect information transmitted via the Website, The Balanced Dancer cannot and does not guarantee the security or confidentiality of these communications or the security of the Website.
The Balanced Dancer does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
If you register on the Website to receive further information and materials from The Balanced Dancer, we may track and aggregate your interaction and activities associated with your registration and use of the Website.
7. Cookies
If your web browser is set up to accept cookies, a cookie will be stored on your hard drive when you visit this Website. Cookies allow The Balanced Dancer to collect information about your computer, which may include your IP address (a number assigned to your computer when you register with an internet service provider), type of browser, operating system, domain name, and the details of any website which has referred you to this Website. The Balanced Dancer uses cookies to track and collect information about which parts of the Website (including links to other websites) are being visited by you. Cookies also allow The Balanced Dancer to recognise your computer while you are on this Website. This information is used to maintain the quality of our service and to provide tracking and statistics regarding the use of the Website.
If you would rather not have this information stored on your computer, you may be able to configure your browser so it does not accept cookies. However, if you disable cookies you may not be able to access all parts of this Website.
8. Copyright
Copyright in the Website, the Material and all components of it is owned or licensed by The Balanced Dancer, unless otherwise indicated. You must not copy, modify or transmit any of the Material except as permitted below.
You are permitted to save, print and reproduce pages from the Website (but not excerpts from pages) solely for your personal information, research or study, but you must not modify those copies and you must include the The Balanced Dancer's copyright notice "© The Balanced Dancer" on all copies.
9. Trade Marks
The Website contains trade marks which may be registered or otherwise protected by law. These may include the The Balanced Dancer logo. You are not permitted to use these trade marks.
10. Liability
Subject to any applicable law which cannot be excluded, The Balanced Dancer's liability in respect of the Website and the Material is limited to resupplying the relevant Material or the reasonable cost of resupplying the relevant Material, whichever The Balanced Dancer sees fit to provide.
Any photographs or artists impression are for presentation purposes only and are indicative only.
The Balanced Dancer will not in any case be liable for any direct or indirect lost profit or incidental, consequential or special damages arising out of or in connection with the Website or the Material.
You fully indemnify The Balanced Dancer in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
a) any breach of these Terms by you;
b) your use of the Website; or
c) your registration and communications with The Balanced Dancer.
11. Financial Information
Any financial information on this Website is provided as general information only. You must rely on your own independent queries and seek your own advice.
12. Disclaimer
Any information on the Website is made available on the understanding that The Balanced Dancer is not providing you with any advice.
The Balanced Dancer will not be liable for any loss including liability in negligence or in tort or for any other common law or statutory action, damage, claim, cost or expense incurred whatsoever in connection with the use of the Website or the Material.
The Balanced Dancer will not in any case be liable for any direct or indirect lost profit or any indirect, consequential or special damages arising out of or in connection with the Website or the Material.
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the ACL or any other applicable law that cannot be excluded, restricted or modified by agreement.
The Balanced Dancer will not be liable to you for any indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with the Website, the Material, all links to or from the Website or the goods and services advertised or referred to on the Website.
Subject to any applicable law that cannot be excluded, restricted or modified by agreement, The Balanced Dancer is not liable for any proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action.
13. Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of that State and the Commonwealth of Australia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
14. International Use
We make no representation or warranty that any offering or content accessible through the Website, including the Material, is appropriate or available for use in locations outside Australia. If you choose to access the Website from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorised to access the Website from any location where doing so would be illegal.
15. Severability
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
16. Contacting us
If you have questions about the Website or these Terms, please contact us by clicking on the "Contact Us" button at the top of any page on the Website, and following the instructions from there.
Last updated: February 2019