LEGAL

Terms of Use

PRIMAVERA TANGO COMPANY TERMS OF USE

Welcome to Primavera Tango (company) . Our website www.primaveratango.com.au and its associated domains and apps (“ Sites ”) are operated by Primavera Tango (collectively, “ PVT ”, “ us ”, “ our ” or “ we ”).

PVT delivers various services and functions, including, but not limited to, promoting and selling tickets to our productions, taking bookings for our dance studio, PPY program, dance lessons and classes, membership services, promoting and seeking support of donors and supporters, and selling merchandise (“ Services ”). The Services can be delivered via the Sites, over the telephone or in person at our premises, with the location of our premises being subject to change at PVT’s discretion. By accessing or using our Sites and/or Services, you agree to be legally bound by the following terms and conditions (the “ Terms of Use ”). Please read these Terms of Use carefully. If you do not agree with any part of these Terms of Use you should refrain from using the Sites and/or Services. We may change, modify, add or delete portions of the Terms of Use from time to time at our sole discretion and your continued use of the Sites and/or Services constitutes your acceptance of those changes. It is your responsibility to regularly check and/or review these Terms of Use and to decide whether you agree to abide by them and be bound by them. If you do not agree to be bound by or abide by these or any future Terms of Use, please do not use or access (or continue to use or access) the Sites and/or Services.

1.) Access and Use

1.1) You must not use the Sites and/or Services, in any manner or for any purpose which is unlawful or contrary to these Terms of Use.
1.2) PVT reserves the right to elect not to provide the Services to you, process any order you place or allow you access to the Sites, as a result of any conduct that PVT, in its sole discretion, believes may breach the law, infringe these Terms of Use, violate the rights of PVT or third parties, or is otherwise inappropriate for continued access and use of the Sites and/or Services.

2.) Classes On Demand Subscriptions and Purchases

2.1) No current classes on demand subscriptions (2023)

3.) In-Studio Dance Classes and Workshops (Face-to-face Activities)

3.1.) Face-to-face activities relates to dance classes, short courses, workshops, intensives, youth ensemble, secondments, School Workshops, National Tour Workshops and shows. Before undertaking any of the above-mentioned activities (“Class” or “Classes”) at PVT, participants must provide PVT with their full name, phone number and email address. PVT will also request that you provide your date of birth, physical address and postcode, although you are not required to provide this information. If the participant is younger than eighteen (18) years of age, their date of birth is required.
3.2) By engaging with a PVT activity, you agree and acknowledge the following terms and conditions:
a) Classes can involve risk of personal injury. While Primavera Tango takes all reasonable care in the conduct of its Classes, it accepts no responsibility for injury or loss caused during the classes or whilst participants are at or near the studios. Please consult a doctor before commencing a new fitness program;
b) You or your legal guardian are responsible for ensuring that you are physically and medically fit for the Class;
c) During the Class you must take care at all times of your own personal safety;
d) Entry to the Class more than fifteen (15) minutes after the start time is prohibited, as you must participate in the warm-up exercises at the start of the class;
e) Students must not attempt a Class, or any part of a routine, that is beyond their level of ability;
f) Be respectful and do not behave inappropriately towards other members, guests, our staff and outside providers. Examples of inappropriate behaviour include verbal or physical intimidation, harassment, discrimination on the basis of race, sex, age or any disability another person may have;
g) Inappropriate behaviour, including intoxication or any physical, verbal or otherwise towards any PVT employee, contractor, dance class student or guest, may result in cancellation of your ticket and removal from the premises. PVT reserves the right to refuse entry to any persons at its absolute discretion;
h) You or your legal guardian are responsible for your own belongings. PVT does not accept responsibility for any lost, stolen or damaged property; and
i) PVT invites transgender, intersex and gender diverse dancers, staff and visitors to use the change room facilities at PVT of the gender they identify as. PVT does not condone the harassment of transgender, intersex or gender diverse individuals, and will not tolerate any such harassment. Any person who is uncomfortable or requires additional privacy can take advantage of the accessible facilities.
3.3) All purchases for Classes are final, non-refundable and non-transferable. Tickets cannot be extended and cannot be shared.
3.4) Single classes and dance class pack purchased for open dance classes for adults are valid for admission into any dance class at PVT, and are valid for six (6) months from the date of purchase. We cannot provide extensions to the expiry date unless a request is made for an extension for medical reasons and is supported by a medical certificate. The six (6) period is inclusive of any public holiday and Christmas closures.
3.5) Purchases made for “short-courses”, “workshops”, intensives and youth ensemble are only valid for the dates selected when booking.  No refunds or exchanges will be made if you are unable to attend on the dates selected when you make your purchase.
3.6) The timetable, locations and teachers for all Classes and workshops may be subject to change without notice. We reserve the right to cancel Classes.

4.) Dance Class Membership (Class pack card)

4.1) You may subscribe to a 5, 10 or 20 class pack.
4.2) Packages and class pack cards must be used within 6 months of purchase.
4.3) Your access to the Member Benefits cannot be transferred to another party.
4.4) The class pack cannot be transferred to another student once first stamp has been used (Please discuss if you would like to work something out).
4.5) A class pack card can be gifted in full to someone of your choice, once first class is stamped the card will be locked to that student.4.6) A class pack card cannot be used for two students. Each student should purchase their own card
4.7) Cancellation (To be finalised)

5.) Ticket Purchases for Performances

5.1) Attendance to PVT events booked or purchased via the Sites and/or Services are also subject to these Terms of Use
5.2) In the instance that a different company or entity is presenting a performance or show booked or purchased via the Sites and/or Services, a ticket purchased to any such performance or show will be subject to the terms and conditions of that company or entity.
5.3) Your admission to a performance is also subject to the venue’s terms and conditions. In particular, the following may form part of a venues terms and conditions:
a) You may be denied entry into, or removed from, a venue where the venue has reasonable grounds to do so, including if you are intoxicated, under the influence of illicit drugs, inappropriately attired or adversely affecting the enjoyment of the performance by others;
b) Food or drink may not be allowed inside a venue;
c) If you arrive late, you may not be admitted until a suitable break in the performance;
d) You may not be permitted to take into the venue, or use, cameras or other photographic or recording equipment (including phones) during the performance; and
e) You may be required to submit to a search of your person and/or possessions by the venue before entering the event.
5.4) If the amount you pay for a ticket is incorrect, PVT may cancel the ticket (or the order for a ticket) and refund to you the amount you paid. This applies regardless of whether the error arose due to:
a) An error in a price communicated to you;
b) The release of orders or tickets that were not supposed to have been released for sale; or
c) Human error or a transactional malfunction of a PVT operated system.
5.5) If PVT cancels a ticket, it may offer a replacement ticket to you at the most recent correct price for that ticket.
5.6) Refunds for performance tickets are payable in accordance with the Live Performance Australia Ticketing Code of Practice – Consumer Code.  Exchanges for performance tickets or the replacement of lost, stolen or missing tickets may be permitted under certain conditions, but additional fees may apply.
5.7) PVT reserves the right to refuse sale of tickets to its performances or withdraw any tickets from sale.
5.8) Latecomers may only be admitted to a performance during a suitable break, which could be the first interval (if an interval is scheduled). In some cases, latecomers may not be admitted at all.
5.9) Where allocated seating is applicable, seat reservation for tickets purchased via the Sites and/or Services are on a “best available” basis.
5.10) Where concession tickets are purchased, suitable identification must be presented upon collection of the tickets.
5.11) Prepaid vouchers and gift cards cannot be replaced or refunded if lost, stolen or damaged, and cannot be exchanged for cash.
5.12) Advertised programs may be varied without notice. Artists may be added, withdrawn or substituted for performances and the right to vary prices, venues, seating arrangements and audience capacity is reserved.
5.13) Camera, video and audio recorders may not be used inside any venue of a performance, unless expressly authorised by the venue.
5.14) PVT reserves the right to broadcast or telecast any performance or event with or without notice to audience members.
5.15) Ticket holders enter the venue at their own risk. PVT will not be responsible for any loss, damage or injury arising from a pre-existing medical condition or due to breach of these Terms of Use.
5.16) Purchased tickets may not, without the prior written consent of PVT, be resold for commercial packages or at a premium, nor may they be packaged or used for advertising, promotional or other commercial purposes. If a ticket is sold in breach of this condition, the bearer of the ticket may be refused admission, subject to the discretion of PVT.
5.17) Tickets are only valid when purchased through an authorised agent. Primavera Tango reserves the right to cancel any ticket distributed in breach of this condition without refund.

6.) Ticket Purchases from Third Party Websites

6.1) Tickets to PVT events can be booked or purchased via third party websites, which are not subject to these Terms of Use (“ Third Party Websites ”).
6.2) Any access or use by you of Third Party Websites is subject to the terms and conditions and privacy policies applicable to those Third Party Websites.
6.3) From time to time the Sites and/or Services may display third party advertising. By displaying such advertising, we do not in any way represent that we endorse the relevant advertisement, its products, events or services, unless expressly stated.
6.4) PVT does not accept responsibility in connection with any Third Party Website, or any third party advertising, product, event or services, whether endorsed by PVT or not.
6.5) Your engagement with such Third Party Websites or advertised products, events or services is entirely at your own risk.
6.6) PVT does not accept any responsibility for any communications or transactions between you and a third party using the Sites and/or Services tools or functionalities or for your participation in a third party’s event, competition or activity.

7.) Merchandise

7.1) PVT merchandise can be purchased at the studio or online here. 
7.2) Any access or use by you of the Merchandise Websites, including any purchase of merchandise, will be subject to the terms and conditions applicable to the Merchandise Websites.

8.) Payment

8.1) PVT accepts payment online via PayPal and bank transfer. When purchasing dance, class and school holiday workshop tickets and Dance Class Pack Cards
8.2) By purchasing a product via our Sites and/or Services, you agree to provide the full payment for a product through our Sites and/or Services at the time of your purchase.
8.3) All prices listed or specified via the Sites and/or Services:
a) are in Australian dollars unless otherwise specified;
b) are fixed once your order has been confirmed, subject to payment being made at the time of purchase (unless expressly approved otherwise by PVT); and
c) may change, at PVT’s discretion, without notice.
8.4) By making a purchase via the Sites and/or Services, you undertake and warrant that:
a) all information you have provided for the purpose of purchasing the product/s is correct and not misleading;
b) you are fully entitled to use the payment card or account used to pay for the your order; and
c) have sufficient funds in your payment card or account to cover the proposed payment.

9.) Your Personal Information and Privacy

9.1) PVT’s Privacy Policy ( See Below ) forms part of these Terms of Use, and includes important information about how we may retain and use personal information about you gathered in the course of your engagement with the Sites and/or Services. 
9.2) By using this Sites and/or Services, you consent to PVT retaining and using your personal information in accordance with our Privacy Policy.

10.) Competitions and Promotional Offers

PVT may use the Sites to run competitions and other promotional offers. You acknowledge that by participating in such competitions and promotional offers, you have read and agree to be bound by any additional terms and conditions applicable to those competitions and promotional offers. Terms and conditions specific to each competition are available on the Competitions and Promotional page of the PVT Site.

11.) Intellectual Property

11.1) We are the sole and exclusive owner or authorised licensee of our content on the Sites and shared via the Services, including, but not limited to visual and/or interactive elements, graphics, videos, audio, choreographic elements, design, code, software, reports, copyrights, trade marks, logos, trade names, and other intellectual property rights associated with PVT throughout the world. 
11.2) You do not have any rights, title or interest, including, but not limited to copyright, or other content incorporated into the Sites and/or Services. 11.3 Nothing displayed on the Sites and/or Services should be construed as granting any right of use in relation to any intellectual property displayed on the Sites and/or Services without the express written consent of PVT, except to the limited extent provided for under these Terms of Use.

12.) Disclaimer

12.1) You use the Sites and/or Services at your own risk.
12.2) Notwithstanding anything in these terms of use and to the maximum extent possible at law, we exclude all liability:
a) whatsoever in relation to your use of the website or any breach of these terms of use;
b) arising from any cancellation, modification, error or interruption in the sites and/or services, whether caused by us or not;
c) arising from any defect, corruption, attack, virus, trojan horse, interference, hacking or other security or technical intrusion in connection with the sites and/or services;
d) whatsoever in relation to your reliance on the accuracy, completeness or professional soundness of the content of our sites and/or services;
e) whatsoever in relation to any cancellation, loss, damage, injury in relation to any ticket purchase, performance, purchase or class.

13.) Liability and Indemnification

13.1) Notwithstanding anything in these Terms of Use, you agree to indemnify us and hold us harmless against any direct or indirect damage, expense, loss, or cost arising from:
a) your use of the Sites and/or Services;
b) breach of these Terms of Use and/or any warranty contained herein by you or your representative; or
c) use of the Sites and/or Services by you on behalf of any other person.

13.2) To the extent that our liability for breach of any implied warranty or term cannot be excluded by law, our liability will be limited, at our option, to:
a) in relation to services, the re-supply of the service or the payment of the costs of having the service re-supplied; or
b) in relation to goods, the replacement of the goods, supply of equivalent goods, repair of the goods, payment of the cost of having the goods replaced or payment of the cost of having the goods repaired.

13.3) In no event will we be liable to you for any indirect, incidental, special and/or consequential losses or damage (including, but not limited to financial loss and/or loss of profits, revenue, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Sites and/or Services.

14.) Modification of Sites and Services

We reserve the right to modify, including but not limited to the right to discontinue, the Sites and/or Services.

15.) Severability

In the event that any part of these Terms of Use is held to be unenforceable, that part will be severed and the remaining provisions will remain in full force and effect.

16.) Entire Agreement

These Terms of Use constitute the entire agreement between you and us, and do not create any relationship of agency, trust or attorney between any persons.

17.) No Waiver

No waiver of any provision of these Terms of Use will be effective unless agreed in writing between the parties.

18.) Governing Law

These Terms of Use are governed by the laws of New South Wales and you hereby submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts that may hear appeals from those courts in respect of any proceedings in connection with these Terms of Use.

19.) Contacting Us

If you have any concerns or complaints about these Terms of Use or you think that the Sites and/or Services has been accessed or used by another user in breach of the Terms of Use, please email us at info@primaveratango.com.au