WDD TERMS AND CONDITIONS
Welcome to our Website. In these terms and conditions, “we” “us” and “our” refers to Ducrow,
Hannah-Marie Grace t/as Wedding Dance Dreams Co (ABN 12 356 872 773) (“WDD”). Your
access to and use of all information on this website including purchase of our product/s is
provided subject to the following terms and conditions.
These Terms and Conditions apply to all Services provided to you by WDD, including both
in-person and online dance lessons, pre-choreographed online dance lessons and consultations.
By browsing our website or booking our services with WDD you agree to be bound by the
following terms and conditions.
We reserve the right to amend this notice at any time and your use of the website following any
amendments will represent your agreement to be bound by these terms and conditions as
amended. We therefore recommend that each time you access our website you read these terms
and conditions.
Definitions
WDD refers to Ducrow, Hannah-Marie Grace t/as Wedding Dance Dreams Co (ABN 12
356 872 773) and includes references to “we”, “us” and “our”.
Services means the Wedding Dance lesson and choreography services provided by WDD
pursuant to these terms and conditions.
Fees means the purchase price paid by a Customer for the Services pursuant to this
Agreement
Copyright means:
(i) any copyright under the Copyright Act 1968 (Cth);
(ii) any copyright under the law of a country other than Australia; and
(iii) rights in the nature of, or analogous to, the rights in 1.1(a)(i) and 1.1(a)(ii) under
the law of Australia or any other country (including future copyright and rights in
the nature of or analogous to copyright).
Customer means any customer of WDD who uses WDD’s website and/or the WDD
Services and includes references to “you” or “your”.
Force Majeure and Force Majeure Event have the meanings provided at clause 67.
GST means the term as defined in the A New Tax System (Goods and Services Tax) Act
1999.
Intellectual Property includes trade marks, patents, copyrights, processes know-how,
registered designs or other like rights or any right to apply for registration of any of the
former.
Price List means the price list for the WDD Services including any packages and
bookings which can be located on our Website.
Website means our WDD website located at https://www.weddingdancedreams.com/
WDD WEBSITE ACCESS TERMS
Our WDD Website
1. You must be over the age of eighteen (18) years to browse and order the Services from our
website. By proceeding to browse through our website and use the WDD Services, you
acknowledge that you are over 18 years of age.
2. All prices are in Australian Dollars (AUD) and are exclusive of GST. We endeavour to
ensure that our Price List is current. Our Price List, including our current Fees can be
accessed from our home page and we reserve the right to amend our Price List at any time.
If you have booked a lesson and our Price List is amended prior to the order being placed
we reserve the right to cancel your order.
3. We reserve the right to change, modify, add or remove portions of our site at any time.
You agree that is it your responsibility to ensure you are aware of any changes to our site.
We will use our best endeavours to highlight significant or substantive changes where
possible. If you choose to use our website then we will regard that use as conclusive
evidence of your agreement and acceptance of these terms.
Website Service Descriptions
4. We strive to ensure that our WDD Services are described as accurately as possible on our
website and booking page, however we do not warrant that the description is accurate.
Where we become aware of any misdescription, we reserve the right to correct any error or
omission.
5. Images on our website have been provided for illustrative purposes only. We do not
guarantee that any image will reproduce in true colour nor that any given image will
accurately reflect or portray the Services depicted.
Website Disclaimers
6. Whilst we have taken all due care in providing the information on our website, we do not
provide any warranty, either express or implied, including without limitation warranties of
title or implied warranties of merchantability or fitness for a particular purpose.
7. We take all due care in ensuring that our website is free of any virus, worm, Trojan horse
and/or malware, however we are not responsible for any damage to your computer system
which arises in connection with your use of our website or any linked website.
8. From time to time we may host third party content on our website such as advertisements
and endorsements belonging to other traders. Responsibility for the content of such
material rests with the owners of that material and we are not responsible for any errors or
omissions in such material.
Site Access
9. When you visit our website, we give you a limited licence to access and use our
information for personal use.
10. You are not permitted to download any web content or videos provided via the WDD
Website or via our Vimeo links. Your use of our content in any other way infringes our
Intellectual Property Rights.
11. Except as permitted under the Copyright Act 1968 (Cth), you are not permitted to copy,
reproduce, republish, distribute or display any of the information on this website without
WDD’s prior written permission.
12. The licence to access and use the information on our website does not include the right to
use any data mining robots or other extraction tools. The licence also does not permit you
to metatag or mirror our website without our prior written permission. We reserve the right
to serve you with notice if we become aware of your metatag or mirroring of our website.
Hyperlinks
13. This website may from time to time contain hyperlinks to other websites. Such links are
provided for convenience only. We take no responsibility for the content and maintenance
of or privacy compliance by any linked website. Any hyperlink on our website to another
website does not imply our endorsement, support, or sponsorship of the operator of that
website nor of the information and/or products which they provide.
14. You may link our website with our consent. Any such linking will be entirely your
responsibility and at your expense. By linking, you must not alter any of our website's
contents including any Intellectual Property notices and you must not frame or reformat
any of our pages, files, images, text or other materials.
WDD SERVICE TERMS
WDD’s Services
15. Customers can book the Services as listed on the WDD website. WDD may update their
Services, including removing or adding new Services from time to time, modifying fees or
modifying any Service terms without prior notice to the Customer. Customers will be
notified if there are any significant changes which may impact their existing bookings or
routines.
16. WDD’s Services include both virtual and in-person dance choreography services.
17. All Services are subject to instructor availability, the Customer may select a date and time
from select available dates when booking a session.
18. The average delivery time for all online personal choreography Services is a minimum of
10 weeks. Our minimum delivery time may vary depending on demand and availability. It
is the Customer’s responsibility to ensure they book any routine and practice their routine
in advance of their advised Wedding Date. WDD takes no responsible for managing and
ensuring lessons can be completed and learned prior to the wedding deadline.
19. Once booked, all Services are non-transferable and can only be used by the individual(s)
named on the booking.
20. To provide the WDD Services, we must collect the following information from you before
we can proceed with confirming a booking for the Services:
(a) Customers full name for both bride and groom;
(b) Contract phone number with area code;
(c) Address;
(d) Email address;
(e) Wedding date;
(f) Wedding Venue Name and address;
(g) Bride Attire details;
(h) Song choice and Artist;
(i) Chosen Dance Style; and
(j) Preference for online or in-person lessons.
This information is collected to allow WDD to provide and tailor the WDD Services to
you.
Service Delivery
21. A Service is deemed delivered once:
a) In-person lessons: upon a WDD instructor attending the Customer’s home to provide
the lesson Services;
b) On-line routines: upon a Customer accessing the choreography video from the file
provided by WDD for a period longer than 10 minutes.
22. In-person Services for dance choreography lessons are performed at the home or venue of
choosing of the Customer. It is the responsibility of the Customer to ensure that there is
adequate space to perform the dance lessons and that the home is suitable and safe for the
instructor. The Customer must notify WDD when making a booking if there are any
circumstances which may affect the delivery of the Services and safety of the instructor
and Customer. Customers accept full responsibility for any injury, damage or loss
suffered by an instructor due to a Customer’s failure to alert WDD to any danger in
compliance with this clause.
23. All Services and routines are choreographed to suit the Customer’s skill level, however it
is the Customer’s responsibility to practice any routine regularly, follow all directions of
WDD and the instructor and to pro-actively participate in our Services.
24. Customer’s must communicate any specific needs or request at the time of booking a
Service.
Customers use of online Services
25. Redistribution of any Services or online content provided by WDD is strictly prohibited.
26. Services for personalised choreography videos are provided via a password protected link
to the Vimeo application where the wedding dance and video lessons are stored. The
Customer agrees that the link and videos are provided for personal use only and that they
are prohibited from sharing the password link with any third party. The Customer has
unlimited access to the Vimeo link until the date of the Wedding, upon which time WDD
reserve the right to revoke access to the links.
27. Services for pre-choreographed routines are stored directly on the website and the
Customer is given immediate access to the videos. All pre-choreographed routines are
non-transferrable and intended solely for the personal use of the Customer.
Payment
28. All Price Lists are in Australian Dollars (AUD) and are exclusive of GST. We reserve the
right to amend our Price List at any time.
29. All payments must be made by either credit card or bank transfer.
30. All payments are processed using Stripe. By making a purchase for our Services on our
website you hereby agree to Stripes terms and condition and privacy policy.
31. The Price List and Fees are listed at point of purchase when making purchasing an online
package or booking a lesson. While WDD use best endeavours to ensure the Price List is
correct and up to date, the Customer agrees that WDD is not liable for any loss or damage
resulting from any error or omission contained in the Price List.
32. All purchase and bookings are subject to approval by the WDD and the nominated
instructor. WDD makes no warranties to a Customer that their booking will be accepted by
WDD and disclaims any liability for any loss or damage that results from their booking
being rejected.
33. Payment in full of the Fees is required prior to WDD confirming any booking for an
in-person or online lesson.
34. For our online personalised choreography Services, the Customer may request to pay a
50% deposit and to pay the remainder upon receipt of the Product. A tax invoice for the
Fee deposit, including any applicable GST will be issued for this Service upon
confirmation of booking for the deposit and upon delivery of the Services. The tax invoice
for the remainder, including any applicable GST will be provided prior to Delivery of the
Services. Tax invoices are payable within seven (7) days of receipt by the Customer. All
deposits are non-refundable. WDD reserves the right to refuse a request for payment by
means of a deposit under this clause for any reason.
35. We undertake to accept or reject a booking within seven (7) days. If we have not
responded to you within seven (7) days, your booking is deemed to be rejected. We are
not required to give reasons for rejecting your booking however the most likely reason for
rejecting your booking is due to unavailability of the Service.
36. If you have placed a booking and the Service or time is no longer available, we reserve the
right to cancel your booking.
Cancellations and Refunds
37. In the event that a Customer is unable to attend a session, the Customer must notify WDD
at least five (5) business days prior to a booking. WDD will use its best endeavours to
arrange a suitable replacement booking with the Customer in the event of a cancellation.
38. In the event that due to unavailability of WDD or external circumstances for the Customer
that rescheduling is not possible following cancellation of a booking, WDD may at its
discretion issue a credit for future lessons.
39. Once a purchase has been made by the Customer and accepted by WDD it is final. We do
not accept any change of mind cancellations for the Services once delivered. WDD do not
provide refunds for any Services after delivery of a Service, whether online or in-person
lessons.
40. Once a Customer accesses an online or digital choreography lesson for longer than 10
minutes, the Customer will no longer be eligible to request a refund for the Services and
the Services will be deemed as delivered. WDD may at its discretion offer Customers the
option to have a dance routine re-choreographed should the Customer contact WDD and
request a different dance routine.
41. To the maximum extent permitted by law WDD’s Fees for it’s Services are non-refundable
once the purchase has been finalised. Nothing in this clause is intended to affect any right
to a refund under Australian Consumer Law.
Discounts and Promotions
42. We issue discount codes and offers for our WDD Services from time to time. All discount
codes are single use only and are limited to one (1) use per person.
43. Discount codes cannot be redeemed for cash value and no refunds or cash alternatives will
be offered.
44. Promotions and discounts must be applied at the time of booking and cannot be
retroactively applied to a previous booking.
45. Unless specified otherwise all discount codes expire after 6 months from issue date.
GENERAL TERMS
WDD’s Intellectual Property Rights
46. The copyright to all content on this website operated by WDD including applets, graphics,
images, layouts and text belongs to us or we have a licence to use those materials.
47. All trade marks, brands and logos which are used on this website are either owned by us or
we have a licence to use them. Your access to our website does not license you to use those
marks in any commercial way without our prior written permission.
48. All pre-choreographed dance routines of WDD are the Intellectual Property of WDD and
WDD exerts its copyrights over any video provided as Services or on its website.
49. All content provided by WDD, including any videos, pdfs and other documents are
licensed to you for your use only and you are not permitted to redistribute or re-use any
WDD content.
50. WDD do not own the Copyright to the music contained in its dance routines, all copyrights
or rights to authorship of the music are maintained by the respective Copyright owners.
51. Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us
through our website becomes our property. If in future we use your Comments in
promoting our website or in any other way, we will not be liable for any similarities which
may appear from such use. Furthermore, you agree that we are entitled to use your
Comments for any commercial or non-commercial purpose without compensation to you
or to any other person who has transmitted your Comments.
52. If you provide us with Comments, you acknowledge that you are responsible for the
content of such material including its legality, originality and copyright.
53. By participating in our Servies you acknowledge that your image, likeness, photos, videos
and audio recording of you and your premises will be captured by WDD. You grant WDD
a license to use such material for any marketing services in association with its Services
and Website and hereby release WDD from all claims relating to such use. You may notify
WDD at the time of Booking or anytime during and after completion of the Services if you
would like us to cease use of any image or video containing your likeness.
Disclaimers and Warranties
54. WDD warrants that they are fully qualified to provide dance choreography and wedding
dance lesson Services to the Customer.
55. WDD provide no warranty either express or implied, including without limitation
warranties of merchantability or fitness for purpose of the Services.
56. While WDD and our chosen payment processing service Stripe employs secure
technology for transactions with Customer, WDD will not be responsible for any
damages, including consequential losses (whether direct or indirect), that may be suffered
by a customer whose credit or debit card or bank account information is used in a
fraudulent or unauthorised manner by any person other than WDD.
57. The Customer warrants that:
(a) They are physically fit and capable of performing the WDD Services and
acknowledges that there is an element of risk of injury and harm for any physical
activity including dance choreography; and
(b) With respect of the above warranty, that the Customer has consulted with their own
healthcare provider if they have any concerns about participating in the Services; and
(c) Their home or premises where they request the Services to be delivered is fit for
purpose and that they have informed WDD of all risks and dangers and taken
reasonable steps to mitigate all dangers to an instructor of WDD.
Limitation of Liability
58. To the maximum extent permitted by law, WDD and its officers, employees, agents,
consultants, licensors, partners and affiliates exclude all liability to you or any other person
for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort,
equity, statute or otherwise, and for any loss, whether it be consequential, indirect,
incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or
corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection
with, the Services, our Website, the Terms and Conditions, or the use of this site by you or
any other person.
59. To the fullest extent permitted by law, WDD is not liable to any Customer for any
consequential loss.
60. To the extent permitted by law, any condition or warranty which would otherwise be
implied into these terms and conditions is excluded.
61. We accept no liability for any loss whatsoever including consequential loss suffered by you
arising from Services we have supplied.
Australian Consumer Law
62. Schedule 2 of the Competition and Consumer Act 2010 (“C&C Act”) defines a consumer.
Under the C&C Act we are a supplier of either goods or services or both to you, and as a
consumer the C&C Act gives you statutory guarantees.
If you are a consumer within the meaning of Schedule 2 of the C&C Act of our goods or
services then we give you a warranty that at the time of supply of those services to you, if
they are defective then:-
62.1. Provide again or rectify any services or part of them that are defective; or
62.2. Wholly or partly recompense you if they are defective.
63. To the maximum extent permitted by law, WDD’s liability for any breach of Schedule 2 of
the C&C Act is limited to; the supplying of the services again; the replacement of the
goods; the payment of having the goods or services supplied to you again.
64. If you are a consumer within the meaning of the C&C Act this clause has no effect
whatsoever. If you are not a consumer within the meaning of Schedule 2 of the C&C Act
this clause applies to you. If you are not a consumer:
64.1. To the full extent permitted by law, our liability for breach of an implied warranty
or condition is limited to the supply of the services again or payment of the costs of
having those services supplied again.
Indemnity
65. Customer’s Indemnity: By accessing our website or purchasing our Servies, each
Customer agrees to indemnify and hold WDD harmless from all claims, actions, damages,
costs and expenses including legal fees arising from or in connection with your use of our
website or the WDD Services in addition to any additional indemnities contained in these
terms and conditions.
65.1. Third Party Intellectual Property claim Indemnity: By accessing our website and
using our WDD Services a Customer agrees to indemnify and hold WDD harmless
from all claims by third parties arising from use of the WDD Services which violates
or infringes the Intellectual Property Rights or privacy of any third party.
65.2. WDD Services Indemnity: To the maximum extent permitted by law the
Customer hereby indemnifies and agrees that WDD will not be liable to any Customer
for:
i. any damage, loss, reduction in value or depreciation caused to any personal
property of the Customer during provision of any WDD Services including
during lessons and practice sessions;
ii. any damage, injury or illness sustained by an instructor or employee of WDD that
is sustained due to a risk or danger that was not advised to WDD before
booking of any Service;
iii. any damage, injury or illness sustained by the Customer in participation of the
WDD Services;
iv. Any delays or disruption in delivery of the Services arising from a Force Majeure
Event.
Force Majeure
66. “Force Majeure” means any act, circumstance or omission over which we could not
reasonably have exercised control and includes, without limitation, flood, fire, natural
disaster, abnormal weather conditions, war, strikes, embargoes, refusals to grant licenses,
public health emergencies and acts of god (a “Force Majeure Event”).
67. If a Force Majeure event causing delay continues for more than thirty (30) days, WDD
may terminate the Services by giving at least seven (7) days notice to the affected
Customer.
Notice
68. Any notices or other communications between WDD and the Customer will be provided
electronically and given via email, the WDD website or messaging service such as SMS.
Severability
69. If any provision of these terms and services are held by any competent authority to be
invalid or unenforceable in whole or in part, the validity of the other provisions of these
terms and services and remainder of the provision in question will not be affected.
Jurisdiction
70. These terms and conditions are to be governed by and construed in accordance with the
laws of Western Australia and any claim made by either party against the other which in
any way arises out of these terms and conditions will be heard in Western Australia and
you agree to submit to the jurisdiction of those Courts.
71. If any provision in these terms and conditions is invalid under any law the provision will
be limited, narrowed, construed or altered as necessary to render it valid but only to the
extent necessary to achieve such validity. If necessary, the invalid provision will be
deleted from these terms and conditions and the remaining provisions will remain in full
force and effect.
PRIVACY
72. WDD treat all personal information in accordance with any and all obligations that are
binding upon us under the Privacy Act 1988 (Cth) (“Privacy Act”). The Privacy Act lays
down 13 key principles in relation to the collection and treatment of personal information,
which are called the “Australian Privacy Principles”.
73. We undertake to take all due care with any information which you may provide to us when
accessing our website or engaging our Services. However, we do not warrant and cannot
ensure the security of any information which you may provide to us. Information you
transmit to us is entirely at your own risk although we undertake to take reasonable steps to
preserve such information in a secure manner.
74. You may click-through to a third-party link from this website, in which case we
recommend to refer to the Privacy statement of any website you visit. This Privacy clause
applied to this Website and we assume no responsibility for the content of any third-party
website.
75. We are required to obtain personal information from you, including contact information
such as address and email address in order to provide the WDD Services. Personal
information collected from you will only be used to manage bookings and deliver the
Services.
76. As part of Our Services we may film or take videos containing your likeness. Customers
may provide their consent to WDD to upload videos or photographs containing the
Customers likeness on WDD’s social media by checking a box when making a booking.
No media is shared until after your wedding date for privacy and confidentiality.
77. WDD do not share Customer personal information with any third party unless required by
law.
78. In the event that a Customer requires more information about the way we manage your
personal information, would like express a concern about their privacy or would like to
request that we delete any personal data held by us, please email us to
info@weddingdancedreams.com.
By proceeding with a booking, you confirm that you have read, understood, and agreed to these
terms and conditions. For any inquiries or assistance, please contact us at
info@weddingdancedreams.com.