TERMS OF SERVICE
These terms and conditions (the "Terms and Conditions") govern the use of www.ymdance.co.nz (the "Site"). This Site is owned and operated by YM Dance Limited. This Site is a Dance Studio.
By using this Site, you indicate that you have read and understood the following Terms and Conditions and agree to abide by them at all times.
1.0 Intellectual Property
1.1 All content published and made available on our Site is the property of YM Dance Limited and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
2.0 Sale of Services
2.1 These Terms and Conditions govern the sale of services available on our Site.
2.2 The following services are available on our Site:
Dance Lessons.
2.3 The services will be paid in full when the services are ordered.
2.4 These Terms and Conditions apply to all services that are displayed on our Site at the time they are accessed. All information, descriptions, or images that we provide about our services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as the accuracy of all services provided can vary. You agree to purchase services from our Site at your own risk.
2.5 We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
3.0 Subscriptions
3.1 Where this applies, your subscription does not automatically renew. You will be notified before your next payment is due and must authorise that payment in order for your subscription to continue.
4.0 Payments
4.1 We accept the following payment methods on our Site:
Credit Card; and Bank Transfer.
4.2 When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to charge the amount due to this payment instrument.
4.3 If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
5.0 Expiration, Cancellation, and Refunds
5.1 Expiration
The default expiration date for all packages is 365 days from the date of purchase. This applies to all packages purchased from and issued by YM Dance Limited unless otherwise specified.
5.2 Extension
All extensions must be approved by YM Dance Limited. All rights of interpretation are reserved by YM Dance Limited. Extensions may be approved under the following conditions:
A maximum extension of 1 calendar month per package may be granted upon provision of sufficient supporting evidence, such as proof of long-term travel.
A maximum extension of 5 calendar months per package may be granted by paying an extension fee of $30 per month. This fee is strictly non-refundable and non-negotiable.
Exceptions may be applicable where a doctor’s certificate confirms the customer is medically unfit to attend classes.
5.3 Reschedule or Cancellation
If you wish to cancel or reschedule a class, you may do so by logging in on our Site.
Classes must be cancelled or rescheduled at least 2 hours prior to the scheduled start time. Requests made within 2 hours of the class start time will not be eligible for an exchange or refund, and the class fee will be deducted from your package balance.
5.4 Refunds and Transfers
Refunds
Refunds (excluding special offers) may be granted under the following conditions:
Unused packages: Full refund available within 10 days of purchase.
Used packages: Up to 70% of the remaining balance may be refunded within 7 days of purchase, calculated according to the relevant package ratio.
Used packages: Up to 50% of the remaining balance may be refunded within 14 days of purchase, calculated according to the relevant package ratio.
Where the purchase date of the package exceeds 15 days, refunds will no longer be available. Extensions may only be applied for under the conditions stated in Clause 2.0.
Transfers
Transfers (excluding special offers) may be granted under the following conditions:
A mutual agreement must exist between both the purchaser and the recipient authorising the transfer.
A processing fee will apply for all package transfers.
The processing fee is 10% of the remaining balance on the seller’s package and must be paid directly to YM Dance Limited by either party.
YM Dance Limited accepts no responsibility for any disputes or disagreements between the purchaser and recipient at any stage of the transaction and bears no liability thereafter.
Change of Mind
Refunds for packages will not be granted for change-of-mind reasons, including but not limited to:
instructors leaving;
packages nearing expiration;
wanting to claim a recent promotion; or
personal preference changes.
If you cancel a class yourself without notifying YM Dance Limited, funds will not be deducted from your balance provided the cancellation complies with the requirements set out in Clause 3.0.
6.0 Health and Safety (Injury)
6.1 YM Dance Limited is not liable for any personal injury sustained or any loss or damage of personal belongings/property whilst on our premises.
6.2 YM Dance aims to provide a safe learning environment and reduce risk of injury. It should be acknowledged by all students, parents/guardians that dance carries a risk of injury or accident as it is also a form of sport by nature.
6.3 It is the students’, parents’/guardians’ responsibility to notify of injuries, medical conditions, or treatment which could affect a students’ ability to participate a class in prior.
6.4 Should any injury occur on the premise, YM Dance Limited is required to keep a register of Notifiable Events so that a record of injury can be provided to ACC and any other relevant organizations should such information be required in the future.
7.0 Consumer Protection Law
7.1 Where the Consumer Grantees Act 1993, the Contract and Commercial Law Act 2017, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation.
7.2 If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
8.0 Links to Other Websites
8.1 Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
9.0 Limitation of Liability
9.1 YM Dance Limited and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
10.0 Indemnity
10.1 Except where prohibited by law, by using this Site you indemnify and hold harmless YM Dance Limited and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
11.0 Applicable Law
11.1 These Terms and Conditions are governed by the laws of New Zealand.
11.2 If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
12.0 Changes
12.1 These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
13.0 Contact Details
13.1 Please contact us if you have any questions or concerns. Our contact details are as follows: