Legal

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 SDC 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 SDC, in its sole discretion, believes may breach the law, infringe these Terms of Use, violate the rights of SDC or third parties, or is otherwise inappropriate for continued access and use of the Sites and/or Services.

2.1 There is no minimum term for Online Subscriptions (Classes On Demand); you may cancel at any time.

2.2 During the term of your Classes On Demand Subscription, you shall be entitled to access unlimited online pre-recorded dance classes only (this does not include in studio classes, courses, master classes, special workshops, youth classes or school holiday workshops) (“Classes On Demand Benefits”).

2.3 Your access to the Classes On Demand Subscriber Benefits cannot be transferred to another party. You may not share or give your password or username to any other person or entity. Excessive viewings or logins by any Subscriber will be construed by SDC as fraudulent use of the Online Studio, which will result in the immediate cancellation of your subscription without refund. When becoming a subscriber you agree to take all actions possible to protect your username and password from fraudulent use.

2.5 Your Online Subscription will include eligibility to receive information about other promotional discounts or benefits ("Promotional Benefits") at SDC’s sole discretion. SDC reserves the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Benefits in our sole discretion. Promotional Benefits may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms of Use. 

2.6 By participating in SDC Classes On Demand, you agree and acknowledge the following terms and conditions:

a) Online dance classes can involve risk of personal injury, and that risk is accentuated by participation outside the controlled environment of our own studios. While SDC 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 participating in an online class session; 

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) Students must not attempt an online class, or any part of a routine, that is beyond their level of ability; 

2.7 Payment for Online Subscription:

(a) By subscribing to an Online Subscription and providing us with your valid credit card details, you authorise us to charge you at the current rate on a monthly, quarterly or annual basis in accordance with the payment terms found at Section 2.8: Payment (“Payment Terms”).

(b) Your billing cycle will begin on the date that you sign up for your Online Subscription and will be renewed on the same date each month, quarter or year (your “Billing Cycle”). 

(c) You may incur additional fees for late or declined payments, in accordance with the Payment Terms.
 
(d) Unless cancelled by you in accordance with Section 2.9 below, your Online Subscription will continue, and you will continue to be charged the applicable current fee for each Billing Cycle in accordance with the Payment Terms. 

(e) We may increase the subscription fees for Online Subscription at any time by giving you at least one (1) month notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice). 

(f) You must inform SDC of any change in your contact details, bank accounts or credit card details for payment, as well as in relation to any other information relevant to your Online Subscription. 

(g) All purchases are final, non-refundable and non-transferable. 

2.9 Cancellation: 

(a) You may cancel your Online Subscription at any time, for any reason, through your account settings in your online subscription. Click Dashboard then Purchases.  Underneath your Subscription you will see  a Cancel Subscription button.  Click here. A pop up will appear for you to cancel your subscription.  

(b) If you cancel your subscription before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not be eligible for any credit or refund for unused access.   

(c) Upon cancellation taking effect, your Online Subscription and access to the Subscriber Benefits shall cease.  

(d) SDC reserves the right to terminate your account or your access to Online Classes immediately, with or without notice to you, and without liability to you, if SDC believes that you have breached any of the terms of this Agreement. 

(e)When you close or deactivate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us. 

2.10 SDC reserves the right to change the terms and conditions of Online Subscription and the Subscriber Benefits at any time, at its sole discretion. We will notify you of any change prior to the date such change comes into effect via email sent to the email address you provided when creating your Online Subscription. If any such change has a materially detrimental effect on you, you may cancel your Online Subscription in accordance with Section 2.11 below.  

2.11 If you wish to cancel your Online Subscription as a result of changes to terms and conditions of Online Subscription and the Subscriber Benefits and in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about the changes along with reasonable explanation of the reasons that the changes have or will have a materially detrimental effect on you. Your cancellation will be effective as of the date of any such change, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.
2.12 Online Community (Content) 

(a) You are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Sydney Dance Company Classes on Demand community. SDC does not control the Content posted by any Subscribers and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will SDC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 

(b) You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: 

- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; 

- harasses or advocates harassment of another person; 

- exploits people in a sexual or violent manner; 

- contains nudity, violence, pornography, sexually explicit material or offensive subject matter; 

- provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; 

- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 

- violates any intellectual property or other proprietary right of any third party, including Content that –

– promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; 

- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; 

- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); 

- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or –

– providing or creating computer viruses; 

- solicits passwords or personal identifying information from other Subscribers; 

- involves commercial activities and/or sales without SDCs prior written consent, such as contests,  sweepstakes, barter, advertising, and/or pyramid schemes; 

- includes a photograph of another person that you have posted without that person’s consent or otherwise –  constitutes an invasion of an individual’s privacy or infringement of publicity rights; 

- denigrates, ridicules, or demeans another person; or 

- contains a virus or other harmful component. 

(c) You acknowledge that SDC may or may not pre-screen Content posted on the SDC Community page and that SDC is not responsible for behaviour or comments of teachers and/or students and/or music on the Online Studio, but that SDC shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, SDC shall have the right to remove from the Online Studio any Content that violates this Agreement or is otherwise objectionable in the sole discretion of SDC If you become aware of misuse of the Service by any person, please contact SDC.  

2.13 SDC content on the Classes On Demand subscription is not directed to persons under eighteen (18) years of age. You must be 18 years of age or older to subscribe to SDC Classes on Demand. While individuals under the age of 18 may access and participate in the classes, they may do so only with the involvement of a parent or legal guardian, under such person’s account, and otherwise subject to these Terms of Use.  The Online Community in the Classes On Demand subscription is not for persons under eighteen (18) years of age.  

3. Face-to-face Activities

3.1. Face-to-face activities relates to dance classes, short courses, holiday workshops, intensives, youth ensemble, secondments, School Workshops, National Tour Workshops and Pilates sessions. Before undertaking any of the above-mentioned activities (“Class” or “Classes”) at SDC, participants must provide SDC with their full name, phone number and email address. SDC 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 SDC activity, you agree and acknowledge the following terms and conditions:

a) Classes can involve risk of personal injury. While Sydney Dance Company 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 SDC employee, contractor, dance class student or guest, may result in cancellation of your ticket and removal from the premises. SDC 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. SDC does not accept responsibility for any lost, stolen or damaged property; and

i) SDC invites transgender, intersex and gender diverse dancers, staff and visitors to use the change room facilities at SDC of the gender they identify as. SDC 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.

j) Sydney Dance Company takes all reasonable care to minimise risk of infection of COVID-19, however you attend at your own risk and it accepts no responsibility for illness or loss caused by attending a Class or related activity.

k) You will not attend a Class at Sydney Dance Company if you have a current positive COVID-19 test result, are awaiting the result of a COVID-19 test, or are experiencing symptoms of cough, sore throat, shortness of breath or fever.

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 FlexiPacks purchased for open danceclasses for adults are valid for admission into any dance class at SDC, 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) month period is inclusive of any public holiday and Christmas closures.

3.5 For open dance classes for adults, you can cancel your scheduled place in a class up to 4 hours prior to the start time. If you do not cancel within the 4-hour cancellation window, or fail to turn up and sign in for the class, a class will be deducted from your FlexiPack. We do not provide refunds or transfer of funds for change of mind, personal circumstances or for any other reason under any circumstance. For Unlimited members who fail to early cancel out of class twice, online booking privileges will be suspended for two weeks. For Active and Lifestyle members you will forfeit the class. 
  
3.6 For Pilates sessions, you can cancel your session up to 24 hours prior to the start time. The full session fee will be charged for less than 24 hours' notice of cancellation. We do not provide refunds or transfer of funds for change of mind, personal circumstances or for any other reason under any circumstance. 

3.7 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.
 
3.8 For school workshops and workshop activities booked on National Tour, the booking is made on behalf of the school / organisation and the school / organisation accepts liability to make the payment by the due date. If a teacher / organiser leaves the school / organisation it is their responsibility to inform the appropriate / replacement staff members of this booking agreement and details. Any access requirements must be advised at time of booking. Full payment must be received no later than 2 weeks prior to a workshop and cancellations of bookings made within 4 school weeks will result in the full invoiced amounts being payable by the school / organisation. Photographing, video recording or any other form of recording during the workshop is not permitted unless prior arrangement and agreement has been made with Sydney Dance Company.

3.9 Concession discounts are available for current Ausdance and Equity members, full-time students, Centerlink card holders and Senior Card Holders. Where concession discounts are applied, suitable identification must be presented upon attendance or request by SDC personnel.

3.10 Prepaid gift cards cannot be replaced or refunded if lost, stolen or damaged, and cannot be exchanged for cash.

3.11 The timetable, locations and teachers for all Classes and workshops may be subject to change without notice. We reserve the right to cancel Classes.

4.1 You may subscribe to an In-Studio membership (“ Dance Membership ”) via this link. There are three options Unlimited, Active and Lifestyle.

4.2 The minimum term for Unlimited Dance Membership, Active and Lifestyle membership is two (2) months (“ Minimum Period ”). You cannot suspend your membership during this minimum term.

4.3 During the term of your Unlimited Membership, you shall be entitled to attend unlimited scheduled "single” dance classes. Active Membership entitles you to 10 classes per month. Lifestyle membership entitles you to 4 classes per month. Classes can be pre-booked online as per the timetable found here (this does not include courses, master classes, private or small group Pilates sessions in the Conditioning Studio, special workshops, intensives, Youth Ensemble or school holiday workshops) (“ Member Benefits ”).

4.4 Unused classes in Active and Lifestyle memberships cannot be rolled over to future months. Any unused classes will be forfeited.

4.5 Under your Membership, if you pre-book a “single” class and are unable to attend, you must change or cancel your booking at least four (4) hours prior to the commencement of that class. For Unlimited members, if you fail to login for a pre-booked class or if you late cancel on more than two (2) occasions, we will suspend your online booking privileges for two (2) weeks. For Active and Lifestyle members you will forfeit the class.

4.6 Your access to the Member Benefits cannot be transferred to another party.

4.7 Your Dance Membership will include eligibility to receive information about other promotional discounts or benefits (“ Promotional Benefits “) at SDC’s sole discretion. SDC reserves the right to offer, withdraw, change, cancel or determine your eligibility for any Promotional Benefits in our sole discretion. Promotional Benefits may be subject to terms and conditions which shall apply in addition to, and prevail to the extent of any inconsistency with, these Terms of Use.

4.7 Payment for Dance Membership:
a) By subscribing to Dance Membership and providing us with your valid credit card details, you authorise us to charge you at the current rate on a monthly basis in accordance with the payment terms found in Section 8: Payment (“ Payment Terms “).
b) Your monthly billing cycle will begin on the date that you sign up for your Dance Membership and will be renewed on the same date each month (your “ Billing Cycle ”).
c) You may incur additional fees for late or declined payments, in accordance with the Payment Terms.
d) Unless cancelled by you in accordance with Section 4.10 below, your Dance Membership will continue after the Minimum Period, and you will continue to be charged the applicable current monthly fee for each Billing Cycle in accordance with the Payment Terms.
e) We may increase the monthly subscription fees for Dance Memberships at any time by giving you at least one (1) month notice except where such increase is required by law or any regulatory authority (in which case we will try to give you reasonable notice).
f) You must inform SDC of any change in your contact details, bank accounts or credit card details for payment, as well as in relation to any other information relevant to your Dance Membership.
g) Dance Membership pricing takes into account all public holidays and opening/closing hours in accordance with the dance class timetable found here. However, your Dance Membership will be suspended when SDC closes over the Christmas/New Year period, being approximately two (2) weeks. Your payment date will be altered to reflect the number of days the studio was closed.

4.9 Suspension:
a) You may suspend your Dance Membership (“ Suspension ”) by emailing [email protected].
b) During a valid Suspension, you will not be charged any Dance Membership fees.
c) All Dance Membership fees must be paid up to date prior to requesting a Suspension.
d) You may suspend your membership for a maximum of twelve (12) weeks.
e) You may activate a Suspension twice within a twelve (12) month period. Any additional Suspensions within that twelve (12) month period may incur additional non-refundable fees as per the Payment Terms.
f) You may not activate a Suspension within the Minimum Term.

4.10 Cancellation:
a) You may cancel your Dance Membership by contacting SDC by email [email protected] at least 72 hours before your next payment is due (“ Cancellation Notice ”).
b) Upon cancellation taking effect, your Dance Membership and access to the Member Benefits shall cease.
c) SDC reserves the right to suspend or cancel your Dance Membership in its sole discretion due to unpaid fees. SDC also reserves the right to refuse future Dance Membership to you in these circumstances.
d) SDC reserves the right to cancel your Dance Membership if you breach these Terms of Use or if your behaviour is not acceptable or for any other reason at its sole discretion. SDC also reserves the right to refuse future Dance Membership to you in these circumstances.
e) You will not be refunded for unused Dance Membership periods.

4.11 SDC reserves the right to change the terms and conditions of Dance Membership and the Member Benefits at any time, at its sole discretion. We will notify you of any change prior to the date such change comes into effect via email sent to the email address you provided when creating your Dance Membership. If any such change has a materially detrimental effect on you, you may cancel your Dance Membership in accordance with Section 3.13 below.

4.12 If you wish to cancel your Dance Membership as a result of changes to terms and conditions of Dance Membership and the Member Benefits and in a way that has a materially detrimental effect on you, you must notify us within 14 days of our notice to you about the changes along with reasonable explanation of the reasons that the changes have or will have a materially detrimental effect on you. Your cancellation will be effective as of the date of any such change, and you will receive a pro-rata refund for any amount already paid to us in respect of any period after that date.

5.1 Attendance to SDC 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 mobile 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, SDC 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 SDC operated system.

5.5 If SDC 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 SDC 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 SDC 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. SDC 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 SDC, 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 SDC.

5.17 Tickets are only valid when purchased through an authorised agent. Sydney Dance Company reserves the right to cancel any ticket distributed in breach of this condition without refund.

6.1 Tickets to SDC 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 SDC does not accept responsibility in connection with any Third Party Website, or any third party advertising, product, event or services, whether endorsed by SDC 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 SDC 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.

7.1 SDC 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.

8.1 SDC accepts payment online via Minbody (Ezidebit) when purchasing dance, class and school holiday workshop tickets and Dance Memberships, and Tessitura (Payment Express) when purchasing tickets to a performance, paying for Pre-Professional Year course fees, paying for a school workshop or enrolling in an intensive or youth ensemble program.

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 SDC); and

c) may change, at SDC’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.

9.1 SDC’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 SDC retaining and using your personal information in accordance with our Privacy Policy.

SDC 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 SDC Site.

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 SDC 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 SDC, except to the limited extent provided for under these Terms of Use.

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.

13.1 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.

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

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.

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.

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

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.

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 [email protected].

Sydney Dance Company (ACN 002 707 897) (“Sydney Dance Company”, “we”, “us”, “our”) recognises that privacy is very important to our audience members, customers, website users, patrons, students, volunteers and our employees, and believes that information received by us that can be used to identify an individual (“you”, “your”) should be treated with respect. This Privacy Policy discloses how we collect, protect, use and share information about individuals who share information with us. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth) (“Privacy Act”). This Privacy Policy applies to ALL information collected by Sydney Dance Company, including via the website https://sydneydancecompany.com together with all its related domains (“Site”, “Sites”), which are also subject to this Privacy Policy. When delivering various services and functions, we may require, collect, store or use personal data for activities that include but are not limited to, promoting and selling tickets to our productions, taking bookings for the our dance studio, PPY program, dance lessons and classes, promoting and seeking support of donors and supporters, and selling merchandise (“Services”). Sydney Dance Company delivers the Services to the public through a variety of interfaces, including but not limited to our Sites, written forms, telephone, email, and face-to-face. Before providing us with any information, you should read through this policy so that you understand and are comfortable with exactly how we will collect any information you share with us and what we will do with it. This Privacy Policy will also tell you how to access your information and/or seek correction of your information if desired. By using the Sydney Dance Company Sites and/or Services covered by this Privacy Policy and providing information to us, you agree that we can communicate with you electronically, by telephone or by post regarding security, privacy and administrative issues relating to your information and usage. Please refer to the Point 12 (Contact), at the end of this Privacy Policy for our contact details should you wish to contact us about our privacy practices.

(i) Personal and Non-Personally Identifiable Information “Personal Information”, as used in this Privacy Policy, means personally identifiable information, such as your first and last name, mailing address, email address, billing information, demographics, passwords, telephone number and/or other contact information. We collect Personal Information as well as non-personally identifiable information through your various interactions with us, including on our Sites and via the provision of our Services. (ii) Sensitive Information “Sensitive Information”, as used in this Privacy Policy, includes but is not limited to information about a person’s racial or ethnic origin, religious beliefs or affiliations, philosophical beliefs, health or genetic information, marital status, sexual preference or information about whether an individual is a member of a professional or trade association or union. Sydney Dance Company does not collect Sensitive Information from you for marketing purposes. Sensitive Information might be collected during the course of classes, shows, surveys or competitions administered by Sydney Dance Company or its affiliated third parties, but only if and when volunteered by you with your consent. You can choose not to actively volunteer information to Sydney Dance Company. However if you do provide information to Sydney Dance Company when asked or prompted, including Sensitive Information, you are also providing consent for Sydney Dance Company to collect, store and use that information as necessary for the purpose of collecting it. Please be aware that in some instances, if we are not able to collect your Personal Information or Sensitive Information, we may not be able to provide particular products or services to you or do business with you or the organisation with which you are connected.

We collect and hold personal information, which may include sensitive information, about: (i) Customers, including ticket purchasers and our class attendees; (ii) Pre-Professional Year students (“PPY students”), before, during and after the duration of a student’s enrolment at Sydney Dance Company; (iii) Job applicants and employees (iv) Volunteers and contractors; and (v) Other people who come into contact with us, including, but not limited to donors and patrons. (i) Customers The Personal Information we collect from customers includes name, address, telephone number, email address, credit card information and other information in connection with purchasing goods and/or services from Sydney Dance Company. (ii) PPY Students The Personal Information we collect for PPY students will include your name, address, gender, date of birth, telephone number, email address, academic history, together with information concerning previous schooling, background and nationality. We may require health or other information, and we may be required to share the info that we get with the Commonwealth Government. (iii) Job Applicants and Employees The Personal Information we collect for job applicants and employees includes your name, address, date of birth, telephone number, email address, resume/curriculum vitae, payment information, tax file number, and superannuation details, together with information concerning previous employment, background and nationality. Please note that we are not obliged to delete, amend or destroy employee records, where such records are directly related to a current or former employment relationship between a Sydney Dance Company employee. (iv) Volunteers and Contractors We also obtain Personal Information from volunteers, such as members of the Board of Directors, Advisors, and others, who assist Sydney Dance Company in its functions or conduct associated activities. The information we collect may include your name, address, telephone number and company details.

We collect information in three ways: (i) Voluntarily; (ii) Automatically; and (iii) Via Third Party Sources. (i) Voluntarily We collect information you provide to us in optional, voluntary submissions, including but not limited to online purchases, bookings, registration forms, online donations, promotional signups, competition entries, email or phone requests for customer service, software and mobile application downloads, PPY student applications and curriculum vitae submissions. We will generally collect information by way of forms filled out by individuals or the parents/guardians of younger participants or through face-to-face meetings, telephone calls, email and facsimile. In some circumstances we may be provided with information about you from a third party, for example a report provided by a medical professional or a reference supporting a job applicant. (ii) Automatically Like virtually all other websites, we will create and record information automatically when you visit our Site. We use cookies (or small files sent directly to your computer or device) and other similar technology to collect information such as your IP address, the site you visited immediately prior to our Site and the frequency and duration of your visit to our Site. We may track activity relating to your interaction with our email communications and with links contained within our email communications and our Site. Generally, this information is “non-personally identifiable” (i.e. it cannot be linked back to one individual). We may also collect, use, and share, with Sydney Dance Company partners, sponsors, service providers and licensees, precise location data, including the real-time location of your mobile or fixed location device. Please note that Sydney Dance Company will never share the real-time location of your mobile or fixed location with any third party without your express consent at the time of the usage. Some cookies may be associated with Personal Information about you and some may not. This information is generally collected, used and stored to deliver relevant messaging and to enhance your overall experience when visiting our Site. (iii) Via Third Party Sources We may also obtain information, including Personal Information, from third party sources. This may include soliciting third parties to collect Personal Information on our behalf. In such cases we instruct those third parties to comply with this Policy. We may use analytics tools and other third party technologies to collect non-personally identifiable information in the form of various usage and user metrics when you use our Sites and/or Services. These third party analytics companies may combine the information collected for us with other information they have independently collected across their network of websites, products and services. Many of these companies collect and use information under their own privacy policies.

We take reasonable measures, including the implementation and maintenance of physical, electronic, and managerial procedures, in an effort to assure the security, integrity, and accuracy of all Personal Information that we collect. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We will destroy or de-identify your information if we no longer require the information to provide you with access to our Site/s or Services and if the information is not required to be saved under Australian law or other Commonwealth record.

We store your information on networks in Australia and take reasonable steps to protect your Personal Information from misuse, loss or unauthorised access. These reasonable steps include password access, firewalls, and encryption of credit card details and secure servers All employees and contractors of Sydney Dance Company are required to respect the confidentiality of your personal information and the privacy of individuals. Sydney Dance Company has in place reasonable steps to protect the personal information we hold from misuse, interference and loss, and from unauthorised access, modification or disclosure by use of various methods including locked storage of paper records and pass worded access rights to computerised records.

Generally, we use Personal Information to establish and enhance our relationship with you through five main categories: (i) Communication; (ii) Optimisation; (iii) Marketing & Advertising; (iv) Fundraising; (v) Sharing Features; and (vi) Educate, Employ & Engage. (vii) For the Purpose of Preventing and Managing COVID-19 Under no circumstances will we sell or receive payment for licensing or disclosing your Personal Information. Below, we provide some specific examples of how we use the information we collect. (i) Communication and Responding to Requests To provide you with customer support, process transactions, respond to requests, send newsletters and updates, send special offers and advertisements, seek your opinions and feedback, and connect you to Sydney Dance Company Sites and/or Services and to products and services of our partners and licensees. (ii) Optimisation To provide, improve, and maintain our Sites and Services, to develop new products and services, to prevent abuse and fraud, to personalise and display advertisements and other content for you, and for other administrative and internal business purposes. (iii) Marketing & Advertising To personalise and display advertisements and other content for you. We may share your “anonymised” email address (i.e. we would first remove any identifying particulars or details in relation to your email address) with one or more of our third party business partners, so that you will receive more relevant online ads from us and other parties. This works by dropping a cookie on your browser linked to data that is known about you so that third party advertisers can show you more relevant ads. We may also use various measurement services and companies to analyse collected data about your engagement with our Sites and/or Services. The information that is collected is not personally identifiable, and is pseudonymous or aggregate data that does not identify any individual. The third party analytics companies that we use may share the user information they collect from our Sites with other measurement companies, who gather data from various sources, analyse and report on it for their clients. The reported information will cover various elements, for example it may summarise how many people have viewed a certain webpage within a certain age bracket. By using our Sites and Services, you consent to the collection of data by Sydney Dance Company’s ad servers or third party affiliates, or the transfer of information to them. See Point 9 (Your Choices) – ‘Marketing and Advertising’ for “opt out options”. (iv) Fundraising By donating money to us or by contributing to any of our fundraising platforms, you permit us to collect and store both Personal Information and Sensitive information about you. Although we may share your Personal Information, we will not share any Sensitive Information collected through donations and fundraisers with any third party. (v) Sharing Features By using any third party service to share links to content, you permit us to access, use and disclose any information relating to your account on each such third party service (such as your user name and profile information) that is available to us through the third party service. (vi) Educate, Employ & Engag We will share some information retained from our students, clients, volunteers, independent artists, staff, board members and contractors for both internal purposes and external collaborations. Sydney Dance Company will use personal information of students, participants and clients for purposes such as: (i) keeping students, participants and clients informed of developments, and activities at Sydney Dance Company through newsletters and other publications; (i) day-to-day administration; (ii) procuring donations and marketing opportunities for Sydney Dance Company; (iii) satisfying legal obligations; and (iv) research, analysis and planning purposes. In relation to personal information of job applicants, employees, volunteers and contractors, our primary purpose of collection is to assess and (if successful) to engage the applicant, employee or contractor, as the case may be. Sydney Dance Company will use personal information of job applicants, volunteers, employees and contractors for purposes such as: (i) administering the individual’s employment or contract,; (ii) insurance purposes; (iii) procuring funds and marketing for Sydney Dance Company; and (iv) satisfying our legal obligations, for example in relation to child protection legislation. (vii) For the Purpose of Preventing and Managing COVID-19: By attending the studio or in-studio classes, you agree to us collecting, storing and using your name, phone number and email address for a period of up to 28 days for purposes related to preventing and managing COVID-19, in accordance with the following: (a) If we are obliged to share your information with health or government officials for purposes related to preventing and managing COVID-19, we will do so on a need-to-know basis only, will take reasonable steps to ensure that such disclosure is subject to reasonable confidentiality terms and we will notify you in writing of the disclosure. (b) If we are not obliged to share your information, but it is our reasonable view that doing so will help to manage and prevent the spread of COVID-19 within or outside our studio, we will notify you to seek your permission to disclose the information to the relevant persons, we will do so on a need-to-know basis only and we will take reasonable steps to ensure that such disclosure is subject to reasonable confidentiality terms.

Sydney Dance Company will not sell, license or otherwise disclose your Personal Information to third parties unless such disclosure is expressly approved by you or is for the purposes set out in this Privacy Policy. (i) Service Providers We may provide Personal Information to our third party service providers for their use in delivering our internal business functions or collecting information on our behalf. Whenever possible, we require such third parties to only collect and use Personal Information in accordance with this Policy, and for no purpose other than providing us with our requested services. (ii) Sydney Dance Company’s Partners We may share your collected Personal Information with our third party partners. We may share your anonymized email address with one or more of our third party business partners in order to facilitate advertisement tailoring for our customers, patrons, or other users of our Sites. Also, you may be directed to third party sites when purchasing tickets to our shows and productions. Please note that although, we do not control any third party’s use or treatment of information, we will take reasonable steps to ensure that such disclosures are subject to reasonable confidentiality terms, and that each third party protects your information in a way that, overall, is at least substantially similar to the way in which this Policy protects your information. (iii) Legal Requirements We may disclose your information if we are legally bound to do so or if, in our reasonable opinion, such disclosure is necessary to prevent harm to ourselves or any other third party. We will notify you of such disclosure in all such instances. (iv) Change of Ownership In the event that there is a change of control at Sydney Dance Company such that we transfer part or all of our assets to a third party, then that third party will obtain access to any information we have collected, either automatically or directly, from you. We will make reasonable efforts to notify you by posting a notice on our Sites and/or Services and, sending you an email if we have your email address.

(i) Submitting Personal Information Please note that if you do not wish to submit Personal Information, you may not be able to access and/or participate in certain Sydney Dance Company Sites and/or Services that require your Personal Information. For example, you will not be able to participate in our studio classes, certain contests or promotions, or access and/or use certain Sydney Dance Company product features or online services (for example: buying tickets to a performance). In addition, your refusal to submit Personal Information may limit our ability to respond to your customer support inquiry in a timely fashion. (ii) Accessing Personal Information You may request access to any Personal Information we hold about you by contacting us at as per the details under the Enforcement section in this Policy. Whenever you are entitled to access such information, we will provide such information to you via email or post without charging you for such access. In the instance that we are storing the Personal Information or Sensitive Information of students that are under the age of 18 years, those students parents or guardians may request access to such information. (iii) Editing Personal Information You may, at any time, update, correct, or delete certain Personal Information that you have provided to us by contacting us as per the details under the Enforcement section in this Policy. You are entitled to request that your Personal Information is dealt with by us either anonymously or under a pseudonym. If we are not able to remove your Personal Information for any reason, we will notify you of this with an accompanying explanation. When Personal Information is updated it may take up to seven (7) days from accessible systems, and up to 90 days from backup systems. (iv) Cookies and Similar Technology You can change your browser’s privacy settings to delete or control cookies or other similar technology as you wish. Please note that updating these settings may prevent you from using various functionality features, products or services of our Site. (v) Marketing & Advertising If you do not wish to have your browsing activity tracked or your information used for the purpose of delivering you targeted advertisements you may opt-out of the services currently used by Sydney Dance Company. Please note, you will still continue to receive generic advertisements. You can click on the relevant “opt out” links provided in our communication to you if you would like to opt out of interest based advertising. You can unsubscribe from Sydney Dance Company communications by contacting us at [email protected] . You nevertheless acknowledge and agree that there may be instances where we may elect to notify you about administrative notices regarding your dealings with us.

(i) Third Party Services, Links and Purchasing Tickets Occasionally we will include links to third party websites on our Site or other communications with you. This may include utilising the services of various third party ticketing agencies to sell tickets to our productions from time-to-time. Whenever you choose to follow such links to any other websites you should be aware that our privacy policy no longer applies and that each third party website’s privacy policy will govern their collection, storage and use of any of your Personal Information from the moment you leave our Site. (ii) When Your information Leaves Australia We may disclose your Personal Information to third party suppliers or partners located outside of Australia. These third party suppliers are located in the United States. In the event that we are required to disclose your Personal Information to overseas third parties, we will take reasonable steps to ensure that such disclosures are subject to reasonable confidentiality terms, that the overseas third party is subject to a law or binding scheme that protects your information in a way that, overall, is at least substantially similar to the way in which the Australian Privacy Principles protect your information or that the overseas third party takes steps to prevent a breach of the Australian Privacy Principles in relation to your information.

Sydney Dance Company regularly reviews its compliance with this Privacy Policy. This Privacy Policy was last updated on 31 March 2017 and may be updated by us, from time to time, in our sole discretion. We will notify you of any such changes by providing the current version of the Privacy Policy on our Site. We encourage you to review this Policy periodically to stay informed about our collection, use and disclosure of Personal Information. Your continued use of our Sites and/or Services or any other content, products or services covered by this Policy constitutes your agreement to this Policy and any updates.

Please feel free to direct any questions concerns or complaints regarding our Privacy Policy or Sydney Dance Company’s treatment of Personal Information by contacting us at [email protected] or by writing to us at Pier 4, 15 Hickson Road, Sydney NSW 2000 Australia. Sydney Dance Company will contact the complaining party regarding his or her concerns and will cooperate with the appropriate regulatory authorities, to resolve any complaints regarding Personal Information that cannot be resolved internally.