Terms of use
This website (the Website) is owned and operated by Chris Van Doren trading as The Movement
Organization, referred to in this agreement as “we”, “us”, “our” and similar.
Videos, photographs, recordings, drawings and written works, including any livestream content,
(Materials) that are uploaded to the Website are the copyright works of the person uploading them or the
person who has authorised the person uploading them to upload them. Such Materials are licensed to us,
under this agreement. All other content on the Website is copyright © 2023 Chris Van Doren.
The Website is available for you to:
(a) Access, upon inputting certain name, email, password and other details required to register
for an account (Account), conditional on your acceptance without alteration of the terms and
conditions set out and this agreement. By continuing to access the Website you are agreeing
to these terms and conditions.
(b) Upload information and Materials, conditional on your acceptance without alteration of the
terms and conditions set out in this agreement. By continuing to upload information and
Materials you are agreeing to these terms and conditions.
(c) View, and download for personal use in accordance with the terms of this agreement, the
information and Materials uploaded by other persons with an Account. By continuing to view
and download the information and Materials you are agreeing to these terms and conditions.
(d) Book to provide dance teacher, choreography or dancer services for, or have dance teacher,
choreography or dancer services provided to you by, a person with an Account. By
continuing to make bookings via the Website you are agreeing to these terms and
conditions.
OPERATIVE PROVISIONS
2. Access to Website
2.1. Account
(a) To access the Website, you must register for an Account.
(b) You must be 13 years of age to register for an Account.
(c) You acknowledge that we will use the email address you provide on opening an Account or
as updated by you from time to time as the primary method for communication with you.
(d) You may terminate your Account at any time. Once terminated, it will not be possible to
resurrect an Account. All your information and Materials will be lost.
(e) We may reject your application for an Account, or suspend or terminate an existing Account,
for any failure to meet or comply with your obligations under this agreement, or otherwise as
reasonably necessary. Once your Account has been terminated, it will not be possible to
resurrect your Account, even if the Account was terminated in error. We will not be liable for
any loss or damage due to loss of any information or Materials due to suspension or
termination of the Website or your Account.
(f) Without limiting any other remedies, we will:
(i) Immediately terminate your Account in the event that any information or Materials
uploaded by you infringe any third party intellectual property rights or Moral Rights.
(ii) Immediately terminate your Account in the event of any threats, abuse, bullying,
defamation, disparagement, malicious falsehood, scandalous or illegal material made
to or about any officer, employee or agent of ours, or any other person with an
Account, or otherwise uploaded on our Website.
(iii) Immediately suspend or terminate your Account if we suspect that you have engaged
in fraudulent activity.
(g) In the event of a dispute regarding Account ownership, we reserve the right to request any
relevant documentation to determine or confirm your Account ownership.
2.2. Security
(a) You are responsible for keeping the password to your Account secure.
(b) We cannot and will not be liable for any loss or damage from your failure to maintain the
security of your Account and password.
(c) You understand that the information and materials you upload on our Website will be seen by
all persons with an Account and anyone permitted access to our Website by them. You will
not upload any information and Materials that is confidential.
(d) You understand that your personal information and the information and Materials you upload
to the Website (not including credit card information), may be transferred unencrypted and
involve (a) transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
(e) You will immediately report to us in the event that you become aware of any threats, abuse,
bullying, defamation, disparagement, malicious falsehood, scandalous or illegal material, or
Material that breaches any third party intellectual property rights, Moral rights or other rights,
made to or about any officer, employee or agent of ours, or any other person with an
Account, or otherwise uploaded on our Website.
(f) All notice under this agreement is to be provided to us via our email address at
admin@themovementorg.com.au.
2.3. Interruptions
(a) We make no guarantee as to the outcome from uploading information and Materials to our
Website. We do not warrant that you will get any minimum number of sales, bookings or any
bookings at all, via our Website.
(b) We do not warrant, guarantee or make any representation that:
(i) The Website, or the server that makes the site available on the Internet are free of
software viruses;
(ii) The functions contained in any software contained on the Website will operate
uninterrupted or are error-free; and
(iii) Errors and defects in the Website will be corrected.
(c) We are not liable to you for: (e)
(i) errors or omissions in the Website, or linked sites on the Internet;
(ii) delays to, interruptions of or cessation of the services provided in the Website, or
linked sites; and
(iii) defamatory, offensive or illegal conduct of any user of the Website,
whether caused through our negligence or the negligence of our employees, independent
contractors or agents, or through any other cause.
(d) You agree to accept the full cost of any necessary repair, correction and maintenance of any
of your computer software or hardware, which may be necessary as a consequence of you
accessing the Website.
(e) We, or a third party engaged by us, will make a daily copy of all data stored in connection
with the Website (Data Back-up). In the event of data corruption or equipment failure, we will
restore the data from the Data Back-up. You acknowledge and agree that:
(i) the Data Back-up may be out of date;
(ii) we are not responsible or liable for the deletion, correction, destruction, damage, loss
or failure to store any data, except as specifically required by this agreement; and
(iii) to the full extent permitted by law, this clause sets out our entire obligation with
respect to disaster recovery and loss of data and we hereby exclude all liability arising
from any loss of, or corruption of data, other than liability arising directly from a breach
by us of this clause.
3. Membership
3.1. Optional subscription
(a) You may hold an Account without subscribing as a member.
(b) If you chose to subscribe as a member, you will pay a monthly subscription fee. This is
currently $24.99. We reserve the right to change (including increase) the subscription fee at
any time by provision of written notice to you (via email or on our website) at least 48 hours
prior to the next monthly payment payable by you. The subscription fee will be deducted
monthly in advance, namely on the first day of the subscription and on the first day of each
monthly subscription period thereafter. The subscription fee will be deducted by Stripe, by
direct debit, authorized by you electronically upon subscribing. You will provide Stripe with
your bank account details and keep Stripe updated as to any changes to your details. You
will ensure there are sufficient funds in the bank account to cover the subscription fee on the
first day of each monthly subscription period. If there are insufficient funds in the bank
account on the first day of any subscription period, the account details are not kept up-to-
date or the direct debit cannot be processed for any other reason, we will notify you that the
scheduled direct debit was unsuccessful. Stripe may make further attempts to process the
direct debit. If the direct debit is again unsuccessful, we will notify you in writing that the
subscription is immediately terminated by us in accordance with clause 2.1 (c).
(c) Once the subscription commences, it will continue indefinitely upon payment of the monthly
subscription fee by you, unless terminated earlier:
(i) Immediately, by us in the event your Account is terminated due to any reason for
termination provided under these terms and conditions;
(ii) Immediately, by us due to non-payment of the subscription fee;
(iii) At the end of any monthly subscription period by you for any reason.
(d) Where we terminate the subscription by termination of your Account in accordance with
these terms and conditions, we reserve the right to elect whether to refund the portion of the
monthly subscription fee or retain the fee and put it towards our efforts to mitigate any
damage caused by your conduct.
(e) Where you terminate the subscription:
(i) You may cancel your subscription at any time. Cancelling your membership must be done via your dashboard: /membership-account.
(ii) Notice of cancellation will be effective to terminate the subscription at the end of the
current subscription period. Notice given prior to midnight AEST on the night before
the day the next subscription fee is due, will suffice to terminate the subscription at the
end of the current subscription period.
(iii) As notice of cancellation of the subscription is effective to terminate at the end of a
subscription period, there is no entitlement to any refund for any portion of the monthly
subscription period, unless written notice of cancellation of the subscription was
provided during the previous monthly subscription period and the subscription fee for
the current monthly subscription period was taken in error.
(f) During any subscription period, we waive any transaction fee we are otherwise entitled to
take under these terms and conditions.
(g) Any transaction fees payable to us by you on the first day of the subscription, up to the time
of the subscription will remain payable by you, even though – once you subscribe – that first
day of the subscription will become the first day of the subscription period.
(h) Immediately upon termination of the subscription, the transaction fee will be applicable to all
sales or bookings made of your locked Material or services. If we terminate the subscription
due to non-payment of the subscription fee, even if you re-instate your subscription during
the subscription period within which we terminated the subscription, this will merely
commence a new subscription period. So, any transaction fee applicable in the time between
when we terminate the subscription and when you re-instate your subscription, will still be
payable to us.
4. Intellectual Property
4.1. Content
(a) Any Account holder under the age of 18 may not upload any information or Materials.
(b) Account holders over the age of 18 may upload information and Materials about yourself
and/or others. You warrant that:
(i) You have authority to upload the information and Materials, including the costume,
choreography and music comprised in the Materials; and
(ii) You created the Materials or have the written permission of the person who created
the Materials to upload it the Materials to the Website;
(iii) You have the written permission of all persons in the Materials, or their legal
guardians, to upload the Materials to the Website;
(iv) Uploading and use of the information or Materials by you and us and others in
accordance with this agreement, does not infringe any intellectual property rights
including, but not limited to, trade marks (whether registered or unregistered),
confidential information and copyright, or Moral Rights of any person;
(v) The information or Materials is not the “passing off” of any product or service and does
not constitute unfair competition or infringe the rights of any person;
(vi) The information or Materials is not defamatory or a malicious falsehood in relation to
any product, service, or person;
(vii) The information or Materials does not comprise any hate speech or incite violence;
The information or Materials does not comprise any explicit language;
(ix) You will disclose and otherwise comply with any relevant advertising laws where your
information and/or Materials comprise any product placement, branded clothing,
endorsement, or other promotion, marketing or advertising of any third party products
or services by commercial arrangement, whether paid or for a gift;
(x) The information or Materials does not infringe any legislation or regulations of the
Commonwealth of Australia and the State of Queensland including, but not limited to,
the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law
(ACL) and any other parliament competent to legislate in relation to the Website or any
law in any country where the material or information is or will be available
electronically to users of this Website;
(xi) The information and Materials are accurate and up to date, and reflect your current
body of work, such that they do not misrepresent your skills, appearance, fitness or
ability level to any person viewing your Materials on the Website;
(xii) The Materials, including any costume, choreography, music and other aspects of the
(xiii) Materials, does not sexualise any person under the age of 18; and
The Materials not contain any pornography or other scandalous or offensive content;
4.2 Licence to use intellectual property
(a) By uploading any information and Materials that is protected by intellectual property rights,
including but not limited to, copyright works and trade marks, and/or Moral Rights to the
Website, you are:
(i) Warranting to us that you have obtained all necessary consents to a breach by us and
any person authorised by us, of any Moral Rights in the information and Materials and
all necessary waivers of the right to sue for such breach;
(ii) granting us a perpetual, non-exclusive and payment-free licence throughout the world
to:
(A) reproduce, use and exploit the information and Materials, as part of the
Website, to the full extent permitted by intellectual property law in any
jurisdiction in which the Website is accessible to persons with an Account; and
(B) allow us to sub-licence others the same rights granted to us in clause 3.2(a)(ii)
(A) above.
4.3. Uploading
(a) We are under no obligation to publish any information or Materials you upload. If we deem
your information and/or Materials to be in breach of this agreement or otherwise offensive,
unlawful or inappropriate for inclusion on our Website, we may remove it from the Website
without notice or explanation to you. We will not be liable to you for any loss of income or
expected income, or any other direct or consequential loss to you.
4.4. Downloading
(a) All content, and logos and brand names that identify us, are our copyright works and/or our
trade marks. All other intellectual property rights on this Website are the property of their
respective owners. You must obtain written permission before reusing any copyrighted
material that is published on this Website. Any unauthorised use of the Materials appearing
on this Website may violate copyright, trade mark and other property rights or legal
protections and could result in criminal or civil penalties.
(b) Except for the limited use set out in clause 3.4(c) you may not use the Website, or the
material contained on it, for any purpose. This involves:
(i) the reproduction of the Materials in any material form;
(ii) the distribution of the Materials in any material form;
(iii) re-transmission of the Materials by any medium of communication;
(iv) uploading or reposting the Materials to any other site on the Internet; and
(v) “framing” the content or Materials on the Website with other material on any other
website.
The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access.
(c) Despite the above restrictions on use of the content and Materials on the Website, you may
download Materials from the Website for your personal non-commercial use provided you do
not remove any copyright and trade mark notices contained on the Materials.
(d) You may not modify or copy:
(i) the layout of the Website; or
(ii) any computer software and code contained in the Website.
4.5. Livestreaming
(a) Any Account holder under the age of 18 may not livestream any Materials.
(b) Account holders over the age of 18 may live stream Materials, provided the Materials
complies with clause 3.1 (a).
(c) You will not simulcast any livestream on the Website with a livestream on any other website.
(d) Any one livestream will not exceed 6 hours.
(e) We do not warrant that the livestream of any Materials will uninterrupted or error free.
(f) We may immediately terminate a livestream at any time if we become aware that any
livestream content breaches any of the warranties you provide under clause 3.1 (b) or
otherwise fails to comply with the terms of this agreement. We may also treat this as a basis
to terminate your Account.
(g) We have no control over your internet connection, device failure or malfunction, or power
outages.
(h) If you are the Account holder livestreaming Materials, and we terminate the livestream in
accordance with clause 3.5 (f) or if the livestream terminates due to your internet connection,
device failure or malfunction, or power outages, we may reimburse all Account holders who
have paid to view the livestream and you will not be transferred any portion of the livestream
payment made by any Account holder.
(i) If you have paid to livestream third party Materials, and the livestream terminates due to your
internet connection, device failure or malfunction, or power outages, we will not reimburse
you for the amount you have paid.
5. Content for Purchase
5.1. Locked Materials
(a) You may lock any Materials you upload, such that those Materials may only be downloaded
and viewed upon payment by an Account holder.
(b) You may set and change the price of the Materials.
(c) You may unlock and re-lock the Materials.
(d) All locked Materials must comply with clause 3.1 (a).
(e) All locked Materials must provide a detailed description of the Materials, including the length
of the Materials, prior to payment. The Materials must meet the detailed description of the
Materials.
(f) Stripe will take a Stripe processing fee at time of sale of any locked Materials offered via your
Account on the Website. This fee will be added to the sale price for the locked Materials and
will be paid by the purchaser of the locked Materials.
(g) We will take a transaction fee of 10% of the sale price for any locked Materials. This fee will
be paid by the seller of the locked Materials.
(h) Stripe will transfer the remaining payment (i.e. the amount paid by the buyer of the locked
Materials less the Stripe processing fee and our 10% transaction fee) for any locked
Materials purchased from your Account during any calendar month, within the first 5 days of
the following calendar month. You warrant that you will immediately notify us of any
overpayment or changes to your bank account details. You must immediately repay any
overpayment. We will not be liable for any lost payment due to incorrect bank account
details.
(i) You may further lock the Materials such that they may only be purchased by certain
authorised Account holders, such as the parents of any children in any Materials. An Account
holder will be authorised to purchase the locked Materials where any one of the email
addresses entered by you as ‘approved’ email addresses matches with the email address
associated with the Account of that Account holder.
6. Bookings
6.1. Marketplace
(a) Any Account holder under the age of 18 may not offer any services.
(b) Account holders over the age of 18 may offer services via their Account on the Website,
including professional dancer services, choreography services, or dance teacher services.
(c) Any Account holder may book services offered via your Account on the Website.
(d) Stripe will take a Stripe processing fee at time of sale of any booking of your services offered
via your Account on the Website. This fee will be added to the sale price for the booking and
will be paid by the purchaser of the booking.
(e) We will take a transaction fee of 10% of the sale price for any booking of your services
offered via your Account on the Website.
(f) We will transfer the remaining payment (i.e. the amount paid by the buyer of the booking less
the Stripe processing fee and our 10% transaction fee) for any bookings purchased from
your Account during any calendar month, within the first 5 days of the following calendar
month. You warrant that you will immediately notify us of any overpayment or changes to
your bank account details. You must immediately repay any overpayment. We will not be
liable for any lost payment due to incorrect bank account details.
(g) You will not provide alternative booking information to discourage Account holders from
booking your services via the Website.
6.2. Buyer Beware
(a) We are making the Website available for persons with an Account to publish information and
Materials without assuming a duty of care to persons with an Account. We are not in the
business of providing reference checks. To the full extent permitted by law we disclaim any
and all warranties, express or implied, regarding:
(i) the accuracy, reliability, timeliness or otherwise of any information or Materials
contained or referred to on the Website; and
(ii) fitness for any particular purpose of any person with an Account for any booking.
(b) We will not be liable under any circumstances for any loss of profits or any damages of any
kind recognised by law (even if we have been advised of the possibility of such loss of profits
or damages) which are the consequence of you:
(i) acting, or failing to act, on any information or Materials contained on or referred to on
the Website; and
(ii) booking and purchasing any locked materials by any person with an Account.
(c) You understand and agree that it is your responsibility to conduct your own due diligence
prior to booking any person with an Account, including conducting auditions, reference
checks, health checks, drug checks, police checks and any other necessary checks to
ensure the identity, qualifications, experience, skills, appearance, fitness, ability and
suitability of the person to meet your needs. We take no responsibility for the failure of any
person with an Account to meet your needs or comply with any contractual arrangement
between you and that person. We are not liable for any loss or damage resulting from the
misrepresentation or breach of any contractual arrangement by any person with an Account.
(d) You understand and agree that it is your responsibility to conduct your own due diligence
prior to accepting any booking from any person via the Website, including taking all
necessary steps to ensure your safety during the course of performing the work and your
payment for the work. We take no responsibility for the actions of any person who has
booked you via the Website.
(e) You will immediately notify us if any person has engaged in any sexual harassment, failed to
pay, or has otherwise breached the terms of any booking made via the Website. Where there
is proof of such breach, or if there have been repeat allegations of similar breach, we may
suspend or terminate the Account of that person. You should not assume that, just because
an Account has not been suspended or terminated, that a person is safe, reliable or
otherwise suitable for your purposes.
(f) You will comply with all workplace health and safety laws, minimum wage requirements, and
other laws, and have all relevant insurances in place, when booking any person or accepting
any booking from any person with an Account.
(g) We do not warrant that any person with an Account has a blue card or other rights to work
with children. We have not conducted any police checks or other background checks prior to
issuing an Account.
7. Payments
7.1. Third party payment platform
(a) All transactions conducted via the Website, including payments to view or download locked
Materials, and payments to secure a booking for a dance class or dance teaching or
choreography services, will be facilitated by a third party payment platform. This third party
payment platform is currently Stripe. We reserve the right to change the third party payment
platform used from time to time, to Paypal or another third party payment platform.
(b) You acknowledge and agree that you will be bound by the terms and conditions of use of the
applicable third party payment platform when making or receiving any payment for a
transaction conducted via the Website.
(c) The person making the payment will be charged a Stripe processing fee, which will be
payable in addition to the amount advertised and charged for the locked Materials or booking
itself.
(d) Buyers of any locked Materials or bookings acknowledge and agree that a 10% transaction
fee is taken from the seller of the locked Materials or bookings at the point of sale, and that
the remaining funds are distributed to the seller of the locked Materials or bookings in as little
as 5 days from the time of sale. Buyers of any locked Materials or bookings therefore
understand and agree that:
(i) Any request for refund, say where we have terminated a livestream for which you
have paid, must be made in writing by email to admin@themovementorg.com.au with
the subject line REFUND, within 3 days of the payment. Any requests for refund made
after the 3 days (say where the livestream or booking was scheduled after 3 days from
the date the payment was made) will be refunded to you subject to our ability to first
obtain a refund of the fees from the seller; and
(ii) Any refund will be for the amount you paid less the Stripe processing fee and the 10%
transaction fee or, if the request for refund was made after 3 days from the date of
payment, any lesser amount that we were able to extract from the seller.
8. Liability
8.1. Limitation of liability
To the full extent permitted by law our liability for any implied warranty or condition is limited, at our
choice, to one or more of the following:
(a) if the breach of an implied warranty or condition relates to services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again; and
(b) if the breach of an implied warranty or condition relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods; or
(iii) the payment of the cost of replacing the goods or acquiring equivalent goods, or
having the goods repaired.
8.2. Indemnity
You will at all times indemnify and keep indemnified us and our respective officers, employees and
agents (Those Indemnified) from and against any loss (including reasonable legal costs and
expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit,
action or proceeding by any person against any of Those Indemnified where such loss or liability
arose out of, in connection with or in respect of:
(a) any breach of clause 3.1 (a) by you; and
(b) publication of or distribution of the material or information supplied by you.
9. Privacy
9.1. Use of personal information gathered
(a) We and any people or legal entities authorised by us may gather and process the personal
information:
(i) which you may provide when accessing the Website, such as your name, age, bank
account details, address, e-mail address and other personal information about you;
and
(ii) regarding the way in which you use the Website including, without limitation, the
locked Materials you purchase, the bookings you make, the content you view, the
services you offer, the content you upload, your subscription information, your
expenditure on the Website, the funds you generate through sale of locked Materials
and services via the Website, the frequency and time spent on the Website,
information acquired through the use of “cookies” delivered to your computer when
you access our Website.
(b) We may authorise others to offer you goods and services using the information acquired, as
described in clause 8.1(a).
(c) We will comply with the Australian Privacy legislation in respect to our collection, storage and
use of your personal information. Please refer to our full privacy policy for details of how we
collect, store and use your personal information.
10. General
10.1. Alteration
We reserve the right to change the terms of this agreement:
(a) By providing notice of change to you via the Website; and
(b) without giving you any explanation or justification for such change.
10.2. Severance
(a) If any part of this agreement is found to be void, unlawful, or unenforceable then that part will
be deemed to be severable from the balance of this agreement and the severed part will not
affect the validity and enforceability of any remaining provisions.
10.3. Relevant jurisdiction
(a) This agreement will be governed by and interpreted in accordance with the law of
Queensland, Australia, without giving effect to any principles of conflicts of laws.
(b) You agree to the jurisdiction of the courts of Queensland, Australia to determine any dispute
arising out of this agreement.