Terms Of Service

Terms of use

This website (the Website) is owned and operated by Chris Van Doren Pty Ltd 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,

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.

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.

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.

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.

(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).

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.

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).

(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.

4.6 Commercial Music & Content Licensing Responsibility

(a) Where any Materials are offered for sale, download, streaming, or any other commercial access via the Website (including Locked Materials under clause 5), the Account holder warrants that they hold all necessary rights, licences, permissions, clearances and consents required for the commercial use, reproduction, public performance, communication and digital distribution of all content contained within the Materials.

(b) This includes, without limitation, rights relating to:
(i) musical compositions;
(ii) sound recordings;
(iii) choreography;
(iv) audiovisual recordings;
(v) performer rights;
(vi) moral rights;
(vii) any third-party intellectual property.

(c) The Website does not obtain, provide, or secure music licences or other third-party intellectual property licences on behalf of Account holders.

(d) You acknowledge and agree that you are solely responsible for securing any necessary music synchronisation licences, master recording licences, public performance licences, or any other rights required for commercial exploitation of your Materials.

(e) You indemnify and hold harmless The Movement Org and its officers, employees and agents from and against any claim, demand, liability, loss, damage, legal cost or expense arising from any alleged infringement relating to Materials you upload, sell, livestream, distribute or otherwise make available via the Website.

(f) We reserve the right to immediately remove any Materials upon receipt of a complaint or notice of alleged infringement.

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.

(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.

(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.

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.

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).

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.

and

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