These Terms and Conditions apply to anyone starting a course with “BALLET ONLINE LIMITED (NZ)”. These terms and conditions are a contract between you (the student) and Ballet Online Limited (New Zealand)
All Adult Ballet Online courses are provided by Ballet Online Limited (New Zealand) under the brand name “Adult Ballet Online”. The courses are provided under the titles, "My Beginner Ballet Journey" and "TipToe Into Ballet". Ballet Online Limited (NZ) is a registered New Zealand Company. Its address is 7 Trafalgar Street, Onehunga Auckland New Zealand 1061 (Company Number 7117933)
This course is owned and operated by Ballet Online Limited (New Zealand) under the brand name “Adult Ballet Online. The company name will be referred to as “BOL” herewith.
Purchasing and Confirmation
When you place an order for an Adult Ballet Online Course, you are offering to purchase that Adult Ballet Online Course according to these Terms and Conditions.
A legally binding agreement shall only come into existence once:
BOL has received from you (or on your behalf) the entire Course Fee in cleared funds.
The Online Terms, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.
You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at [email protected]
All amounts are payable in United States Dollars.
Unless otherwise specified in respect of a particular Online Course, the Course Fee is payable with a one-off lump-sum payment, payable with your purchase offer
Online Course content and Access terms:
The description of the Online Course on the Website and/or in any relevant Brochure will set out details of the contents of the available Online Courses.
The receipt of an Online Course is personal to you and, unless otherwise agreed by BOL pursuant to Additional Terms and Conditions, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.
We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student if found to be in contravention of the access rules we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.
Modifications to Online Courses or technology enhancements:
From time to time, BOL may make modifications or enhancements to the Online Courses. You will have access to such changes free of charge only to the extent that such changes relate to the Online Course purchased by you.
Purchase of a current Online Course does not entitle you to have access to future revised Online Courses as part of the original purchase.
Technical Support and Access:
If you are unable to access an Online Course, BOL will use reasonable endeavours to provide a solution where BOL has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, BOL may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.
You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.
BOL will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. BOL reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.
You also accept and acknowledge that BOL cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:
(a) the operation of the internet and the world wide web, including but not limited to viruses;
(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;
(c) failures of telecommunications links and equipment; or
(d) updated browser issues.
BOL will provide the Course Materials in accordance with the Online Course description, which is set out on the Website and/or in any relevant Brochure.
BOL expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. BOL does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website and/or in any relevant Brochure).
BOL does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be error free.
BOL does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.
All representations, warranties and/or terms and/or commitments not expressly set out in the Online Terms (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.
Limitation of liability
The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.
Except as set out in the Online Terms, BOL shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:
(a) indirect or consequential losses;
(b) loss of income or revenue;
(c) loss of business;
(d) loss of anticipated savings; or
(e) loss or corruption of data.
BOL is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website.
Save as otherwise set out in this section “Limitation of liability”, BOL maximum aggregate liability to you for any claims that you may have against BOL for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.
BOL will not be held responsible for any delay or failure to comply with its obligations under the Online Terms if the delay or failure arises from any cause which is beyond BOL’s reasonable control. This condition does not affect your statutory rights.
Each provision in this Clause shall be construed separately as between you and BOL. If any part is held to be unreasonable, inapplicable, or unenforceable, but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid and effective.
The Online Courses are for training purposes only. BOL will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
At all times, BOL and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of BOL.
In consideration of receipt by BOL of the entire Course Fee (if you have chosen to pay for the Online Course with a one-off lump sum payment) BOL grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual student only.
Save as expressly set out in the Online Terms or as otherwise agreed by BOL pursuant to Additional Online Terms and Conditions, you may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either BOL copyright or BOL’s other intellectual property rights, and/or the copyright or other intellectual property rights of BOL’s licensors.
Changes by Us:
An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.
Inconsistency of Terms:
If there is any conflict between these Terms and Conditions of Online Courses, any applicable Additional Online Terms and Conditions and the Terms and Conditions of Website Use, the conflict shall be resolved according to the following order of priority;
- the Additional Online Terms and Conditions;
- the Terms and Conditions of Online Courses; and
- the Terms and Conditions of Website Use.
BOL may update or amend the Online Terms from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.
You may not assign or sub-contract any of your rights or obligations under the Online Terms to any third party unless agreed to by BOL pursuant to Additional Online Terms and Conditions.
BOL may assign, transfer or sub-contract any of its rights or obligations under the Online Terms to any third party at its discretion.
No failure or delay by BOL in exercising any right or remedy under the Online Terms shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by BOL in writing.
If any of the Online Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the Online Terms shall remain in full force and effect.
Any notices required to be served on you by BOL under the Online Terms will be deemed properly served if emailed to the email address notified by you to BOL. Any notices required to be served on BOL by you will be deemed properly served if sent by email.
A notice sent by email is deemed to be given on the day it was sent.
The Contract between you and BOL will be concluded in English only.
The Contract between you and BOL is not intended to be for the benefit of any third party, and shall not be exercised by any other person.
All material on this website is owned by BOL. This includes all material, video and audio, graphics, content, design, appearance. As per the Terms and Conditions no material on this website or related courses can be copied or reused by anyone without the permission of BOL.
Please note that BOL courses are not medical courses or do they contain medical information. In the website and the course, we acknowledge there is research to support the benefits but this is in no way guaranteed. If you have any pre-existing medical conditions then we advise you to consult a medical doctor before you begin the course.
You can use any of the information or content at your own risk for which BOL will not be liable. It will be your responsibility to ensure that any products you purchase are suitable to your current requirements.
The Online Terms, and any other matters arising out of or in relation to the Online Terms, are governed by and construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the New Zealand courts to settle any disputes which may arise out of or in connection with the Online Terms.
We can be contacted by emailing [email protected]