TERMS AND CONDITIONS
MASTERS OF CHOREOGRAPHY (ABN 51 098 901 896) ("MOC") maintains this website (the "Site") for your entertainment, information, education, and communication. Your access and use of the Site is subject to the following terms and conditions (the "Terms of Use") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of MOC’s Privacy Policy. If you make a purchase from the Site, the Sale Terms will also apply to you.
1. All material on the Site is protected by copyright unless otherwise indicated and may not be used except as permitted in these Terms of Use or in the text on the Site. If you are browsing this Site as a non-commercial user, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed or available on the Site only for non-commercial purposes within your business or organization. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Site and on your compliance with those notices and the Terms of Use. You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without MOC's express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to MOC, its affiliates or its third party content providers.
2. Your use of the Site is at your risk. MOC makes no warranties or representations as to its accuracy or completeness. To the extent permitted by law, MOC specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether MOC is aware of such errors or omissions or not.
3. Consumers who acquire goods or services have a range of rights under consumer guarantees set out in the Australian Consumer Law that cannot be excluded or modified ("Consumer Guarantees"). Nothing in these Terms of Use is intended to exclude or modify the application of these Consumer Guarantees.
4. To the extent permitted by law, everything on the Site is provided to you "AS IS". With the exception of Consumer Guarantees and any other rights that cannot by law be excluded ("Non-excludable Rights"), to the fullest extent permitted by law:
(a) MOC excludes any term, condition or warranty that may otherwise be implied into these Terms of Use or implied in relation to your use of this Site.
(b) MOC excludes any liability of MOC or any other party involved in creating, producing, or delivering the Site for loss or damage incurred as a result of or in connection with the use of the Site including liability for consequential loss or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site.
(c) MOC assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. MOC also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
(d) Anything downloaded from the Site (including the Downloadable Content) is downloaded at your own risk and MOC neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), whatsoever caused, as a result of any computer viruses, trojan horses, worms, software bombs or similar items or processes arising from your use of the Site.
(e) MOC is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While MOC may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement, approval, recommendation, or preference by MOC of the owner/sponsor of the site linked to or its content. Subject to any Non-excludable Rights, MOC disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
5. To the fullest extent permitted by law, MOC's liability for breach of any Consumer Guarantee or in respect of any other Non-excludable right is limited, at the option of MOC, to:
(a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and
(b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
6. The trademarks used on the Site are either trademarks of MOC and/or its affiliates, or used on the Site with the permission of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trade mark displayed on the Site without the express written permission of MOC or, if applicable, the third party owner of the relevant trade mark. All powers (if any) conferred on you by section 26 of the Australian Trade Marks Act 1995 are expressly excluded.
7. Actual colour and dimension of a product described or depicted on the Site or available for purchase through the Site ("Product") may differ from the screen image on the Site. Colours, specifications features of a Product may also differ by model and country. Features and specifications of Products (including, without limitation, prices of Products displayed on the Site and any delivery or other charges) are subject to change without notice. All weights and dimensions mentioned are approximate. Copyright may exist on television programs, films, videotapes, CDs, MiniDisc and other materials. Unauthorised recording of such materials may be contrary to applicable copyright laws.
8. The Site may refer to Products that are generally available for purchase in Australia. A reference to Products on the Site does not imply or warrant that the Products will be available at any time in your particular locality. You should check with MOC for the availability of specific products and services in your locality.
9. Although MOC may from time to time monitor or review forums on the Site or associated Sites ("Forums") under the MOC umbrella, MOC is under no obligation to do so and assumes no responsibility or liability arising from the contents of any Forums nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any Forums. You are prohibited from posting or transmitting on or via the Site:
(1) any unlawful, threatening, harassing, defamatory, libelous, obscene, pornographic or profane material;
(2) any material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability, or otherwise violate any law; or
(3) any material of any kind for commercial purposes, or which contains any promotional material or advertising. You must not restrict or inhibit any other person from using or enjoying the Site, or download any material posted by any other user if you know, or ought reasonably to know, that such material cannot legally be distributed in such a manner. MOC will fully cooperate with any law enforcement authorities or court order requesting or directing MOC to disclose the identity of anyone breaching this clause.
10. If MOC provides you with user details to facilitate your use of or access to the Site ("User Details"), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. MOC is entitled to act on instructions received under your User Details. MOC cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.
11. You agree to indemnify MOC and keep MOC indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by MOC as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms of Use, by you or anyone using your User Details.
12. MOC may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to MOC, and any MOC disclaimers and limitations of liability will survive such termination.
13. Failure of MOC to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies.
14. MOC may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification. You should periodically visit this page to review the then current Terms of Use.
15. The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and MOC. Any attempt to supplement or amend this document by you or a party other than MOC shall be null and void.
16. The Terms of Use are to be governed by and construed in accordance with the laws of Victoria, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.
17. The trademarks, logos, and service marks (collectively the "Trademarks") listed below are trademarks of MOC and/or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of MOC or such third party owner. The trademark "Masters of Choreography" and any other product names, service names or logos of MOC used, quoted and/or referenced in this Web Site are trademarks or registered trademarks of Masters of Choreography or any of its affiliates. Other product names and/or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/or trade names.
Information that you provide to Masters of Choreography
18. To enable MOC to provide you with products and/or services and to enable you to participate in MOC promotional offers and other marketing activity, MOC may collect and ask you to provide personal information such as your name, address and telephone number and information about your use of this Site ("Your Information").
19. MOC may collect information relating to your access to, and use of, this Site using cookies. A cookie is a small data file that the Site may write to your computer's hard drive to tailor and keep records of your visit to the Site and to authenticate that you are permitted to use the Site. You can disable cookies by turning them off in your browser, however, you may not be able to access some areas of the Site and/or some areas of the Site may not function properly if you do so.
20. All information that you provide to MOC must be true, accurate, current, and complete at all times. If you provide any information that is untrue, inaccurate, not current or incomplete, or otherwise fail to update Your Information, MOC may suspend or terminate your participation in promotions, competitions, offers or membership of and right to use the Site immediately.
Online registration and account
21. There are two methods to purchase on this site. The first method is as by contacting MOC direct via email to place an order. The second purchasing method is by visiting the third party site via the link on the MOC site from which you will be able to choose your product and make payment via their online payment structure. This purchase will be regarded as a stand-alone activity.
22. Some features on the Site are only accessible for registered users. You can register as a User by following the instructions on the Site. You will be authorised to be a User of MOC only if MOC advises you that your application for registration as a User has been approved. You will be required to accept these Terms in order to become a User.
23. To be eligible for a MOC Online account you must be:
(a) at least 15 years of age (and at least 18 years of age to purchase goods or services); and
(b) a legal resident of Australia.
24. You are only entitled to open one MOC Online Member account (even if you have multiple email addresses).
25. There is no charge for a MOC Online account (unless otherwise specified upon registration).
26. Your MOC Online account and any other related membership benefits are not transferable and may not be combined or merged with other User accounts.
27. MOC reserves the right to refuse your application for registration or terminate your registration at its sole discretion, including but not limited to if it has been inactive for an extended period of time, as determined by MOC.
28. When you register as a User of MOC you must choose a password. Your password must be used, together with your email address (each a "Unique Identifier"), each time you access your MOC Online account. MOC may reject any Unique Identifier that you choose, in MOC's sole discretion. You are responsible for keeping your Unique Identifiers confidential. You must immediately notify MOC if you become aware of any unauthorised use of your Unique Identifiers or any other breach of security related to your MOC Online account.
29. You are solely responsible for all activities that occur under your MOC online account including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your Unique Identifiers. MOC is entitled to act on instructions received under your Unique Identifiers. MOC cannot and will not be liable for any changes made to your MOC online account by another person using your Unique Identifiers, or for any loss or damage arising from your failure to adequately protect your Unique Identifiers. For security purposes, you should memorise (and not write down) your Unique Identifiers, and close the browser window at the end of each session.
30. You may terminate these Terms and your MOC online registration at any time, without cause and with immediate effect, please contact us by sending an e-mail via the feedback form. MOC may terminate these Terms and your MOC online registration at any time, without cause and with immediate effect, by sending an email to the email address supplied by you when registering to use MOC online. In the event of termination you will immediately cease to use MOC online. The provisions of these Terms regarding intellectual property rights, confidentiality, warranty disclaimers, liability limitations and indemnification shall survive any such termination.
Trademarks
31. The trademarks, logos, and service marks (collectively the "Trademarks") are trademarks of Masters of Choreography and / or its affiliates. Any other Trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right of use any Trademark displayed on the Site without the express written permission of MOC or such third party owner. The trademark "Masters of Choreography" and any other product names, service names or logos of MOC used, quoted and / or referenced in this Web Site are trademarks or registered trademarks of Masters of Choreography or any of its affiliates. Other product names and/ or company names used in the Web Site are used with the permission of their respective owners and may be protected as their trademarks and/ or trade names.
Online Terms of Sale
Orders
1. By placing an order ("Order") on this site ("Site") you are making an offer to Masters of Choreography (ABN 51 098 901 896) ("MOC") to purchase the products listed in your shopping cart on the Site at that time ("Products") upon the terms set out in these terms of sale ("Sale Terms").
2. By placing an Order you warrant that you are over the age of 18 years. MOC may reject an Order or rescind a purchase contract if it becomes aware that you are not over the age of 18 years.
3. These Sale Terms supersede any other terms relating to the sale of the Products appearing on the Site or elsewhere and shall override any other terms referred to by you or in any course of dealing. Upon acceptance of an Order, these Sale Terms constitute the entire contract between us and you for the supply of the relevant Products.
4. Masters of Choreography Privacy Policy and, to the extent they are applicable, the Terms of Use of this Site form part of, and are hereby incorporated into, these Sale Terms.
5. MOC reserves the right to accept or reject your Order for any reason, including, without limitation, an error in your Order or in the material on the Site, failure of your payment, or the unavailability of a Product. The contract to purchase a particular Product only comes into existence upon acceptance by MOC of your Order.
6. After submitting an Order, the Site will display an order summary including an order reference number and details of the Product(s) you have ordered ("Order Summary"). The Order Summary does not mean your Order has been accepted by us.
7. All Orders are subject to acceptance by MOC of your offer to purchase the Product(s). MOC will only be deemed to have accepted your offer to purchase a Product when we send you an email with your invoice confirming that your Order is on its way (a "Delivery Confirmation"). The supply contract formed by this acceptance will relate only to those Products whose delivery we have confirmed in the Delivery Confirmation. MOC will not be obliged to supply other Products which may have been part of your Order until the delivery of those Products has been confirmed in a Delivery Confirmation. Please refer to clause 18 for further terms regarding Orders delivered by instalments.
8. MOC may appoint subcontractors to supply or deliver the Products and to perform any act of MOC contemplated under these Sale Terms.
9. Products are subject to availability. In the event of shortage, MOC may allocate sales and deliveries in its sole discretion. If, for any reason, any or all of the Products you have ordered are or become unavailable or there has been an error in the price on our Site or the Online Store we will make reasonable efforts to notify you of this as soon as possible after becoming aware of it. In this case, if you have already paid for a Product we will refund you the amount paid as soon as reasonably possible.
10. MOC will accept Orders if the delivery address is a street address in Australia, and an international address if delivery and postage fees have been paid.
11. MOC reserves the right to limit the quantity of Products purchased by you.
12. MOC may update or discontinue any Product and / or revise prices for any Product listed as available on the Site at any time without notice to you. The price displayed at the time that you place your Order will continue to apply to you even if the price changes after you place your Order but before your Order is accepted by MOC.
13. The price of a Product shall be as stipulated on the Site at the time of placement of your Order. Unless otherwise indicated on the Site, all prices include all Australian taxes.
Delivery
14. In addition to the price for the Products, you must also pay the listed delivery charge (if any) (“Delivery Charge”) for your Order. Any Delivery Charge will be shown in your shopping cart. By placing an Order, you agree to pay the price for the Product(s) and any Delivery Charge.
15. MOC will not deliver to PO Boxes or parcel lockers. MOC has the right to select the method of delivery and the carrier. MOC will be deemed to have delivered the Product(s) to you when we deliver them to the Delivery Address. Delivery may be made by instalments, at the sole option of MOC.
16. Any dates quoted by MOC or its subcontractors for delivery of the Products are estimates only and shall not form part of the Sale Terms.
17. MOC must receive full payment of the price of the Products ordered, and any other charges (including delivery or freight charges) that may apply to your Order, before they are delivered or supplied to you. You shall pay for the Products by using one of the payment methods available on the Site.
18. Where the Products are to be delivered by instalments, each instalment shall be deemed to be the subject of a separate agreement and no default or failure by MOC or its subcontractors in respect of any one or more instalments shall vitiate the contract in respect of the Products previously delivered or undelivered Products. To the fullest extent permitted by law, in the event that MOC or its subcontractors give notice to you that it is unable to deliver any instalment of the Products, you shall be deemed to have accepted those instalments already delivered but MOC or its subcontractors may reimburse the price of the undelivered Products which have been paid for by you. In addition, where MOC is unable to deliver any instalment of your Order, and this instalment relates to and is dependent on an earlier instalment of the Order (for example, an Order for a matching hoodie, you will be offered the option to either: (a) cancel the outstanding instalment of your Order and receive a refund for that outstanding instalment, or (b) cancel the entire Order and receive a full refund for all instalments (refund for the earlier instalment will be provided upon the earlier instalment being returned in unopened and unused condition to MOC).
19. If you fail to take delivery of the Products or any part of them when they are made available to you, or fail to provide accurate instructions, documents, licenses, consents or authorizations required to enable the Products to be delivered, MOC or its subcontractors shall be entitled, upon giving written notice to you, to store or arrange for storage of the Products, and then risk in the Products shall pass to you, delivery shall be deemed to have taken place. MOC or its subcontractors may pass on costs and expenses (including storage and insurance charges) to you.
20. Unless you notify MOC to the contrary by telephone or by the "Contact us" form within seven (7) days of delivery and such notification is confirmed in writing within seven (7) days of its receipt by MOC, the Products shall be deemed to have been accepted by you in accordance with the Sale Terms.
21. Title and risk of loss or damage to the Products shall pass to you upon the physical delivery of the Products to the Delivery Address. Notwithstanding the foregoing, to the extent that Products consist of software, title shall remain with the applicable licensor(s).
Returns and your rights
22. View our returns information under our Refund Policy.
23. Consumers who acquire goods or services have a range of rights under consumer guarantees set out in the Australian Consumer Law that cannot be excluded or modified ("Consumer Guarantees"). Nothing in these Sale Terms is intended to exclude or modify the application of these Consumer Guarantees.
24. With the exception of Consumer Guarantees and any other rights that cannot by law be excluded (“Non-excludable Rights”), to the fullest extent permitted by law, MOC excludes:
(a) any term, condition or warranty that may otherwise be implied into these Sale Terms;
(b) any liability for loss or damage incurred as a result of or in connection with the negligence of MOC or its agents or subcontractors;
(c) any liability for consequential loss, including in relation to any late or non-delivery of the Products or failure of those Products.
25. Contact our MOC team at info@mastersofchoreography.com to find out about options that may be available to you.
Your warranties
26. Products are not authorised for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others. Unless expressly stated otherwise, MOC makes no representation and gives no warranty that any Products are fit for such a purpose.
27. You agree and warrant that you are not purchasing the Products for resale or to remove components from the Products for resale. MOC shall be entitled to refuse to accept orders placed by you if MOC on reasonable grounds suspects that you will breach this warranty.
WARRANTY
28. Please visit our Warranties Policy for information about warranties that may apply to your Product. These warranties are in addition to your rights under the Australian Consumer Law.