1. PoleSphere Website Terms of Service
The PoleSphere website at http://www.polesphere.com (the Website) is owned and operated by J Blair, HJ Coldwell-Ross, LA Davison & A Izzo (ABN 17505216903) of 36 Warrick St Ascot Vale Melbourne 3032. TEL: +61 432043115 (PoleSphere, we, us, our).
By clicking “I accept” during any registration process on this website, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
These terms apply to the use of this Website and all tutorials and information contained therein, including the use of the information services provided through this Website.
Upon sign up, you will be provided with a password and user account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website.
Each subscription term commences on the date of your successful registration/renewal and is effective for a period of one month. Access to members’ content is available within an active subscription term only and cannot be extended outside of these times.
You acknowledge that your monthly subscription provides access to applicable content/resources at the time of payment and ongoing access to all material at your subscription level for the duration of active membership. PoleSphere reserves the right to publish additional exclusive material and add additional subscription tiers, packages and plans at our sole discretion.
Members can gain access to exclusive content via an accumulation of points (Diamantes) earned through activities on the PoleSphere site. We reserve the right to set and alter said activities, Diamante point values and content rewards at our sole discretion.
If you, or a user on whose behalf you sign up (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that PoleSphere is entitled to suspend or terminate your use of the Website or membership at any time if you do not comply with the conditions of usage outlined here.
If you are signing up on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms. Minors under the age of 16 are not permitted to use the PoleSphere platform.
2. Payment and Refunds
Sign ups are subject to acceptance by PoleSphere. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Upon completion of any free trial periods or special offers an individual user may have been granted at the discretion of PoleSphere, ongoing access to PoleSphere service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. PoleSphere reserves the right to terminate your access to our service if you are not up to date with any payments. PoleSphere is an ongoing monthly subscription service, and you acknowledge and agree to the terms of payment as outlined upon placement of your order/your signup.
We use secure third party payment gateways such as PayPal, Stripe or a similar service for most financial transactions. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
To the extent permitted by law, and subject to any rights you may have under the Australian Consumer Law:
- All fees are non-refundable and are non-transferable, unless:
- During the period in which you have paid for access to our service through this Website, the service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at firstname.lastname@example.org, however you acknowledge that we may refuse a request where we are able to provide the service to you through alternative means (such as email).
- You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your subscription with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.
- All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed month, and you will not be granted a refund. Your account will continue to be debited until the end of the subscribed term (e.g. the full month).
3. Conditions of Use of Site
Seek Advice from Medical Professional
As with any physical activity, it is important that before beginning any pole dance, dance, fitness, stretch or conditioning regime (ie, embarking on any tutorial presented on PoleSphere), you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are applicable to you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. PoleSphere cannot be held liable for any loss, damages, or injury arising from a member’s use of the Website and any tutorials contained therein.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Our service shall be delivered as described on our website. You acknowledge and understand that access to any specific instructor mentioned in the Website, in person or online, is not guaranteed.
Information and Instruction Provided on Website
All information and instruction provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication and all tutorials are delivered in good faith and in line with industry best practice. We may update any information at any time but you acknowledge that the information presented and instruction presented in the tutorials on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information or instruction we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the tutorials or information provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken by you or reliance by you on any information, tutorial or material available on the Website.
The PoleSphere teaching team includes experts on pole dancing. Our experts may receive requests from members about that member’s specific circumstances. Our experts may provide pole dancing, conditioning, dance or flexibility training information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may refer the member to third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by PoleSphere.
Recommendations on the Website
Certain parts of the Website may provide recommendations for tutorials based on the input and data that you provide. These recommendations generated by the Website are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not professional opinion or advice. To the extent permitted by law, we are not liable or responsible for any tutorial recommendations generated by use of the Website.
You require a moderate level of fitness to follow the instructions set out in PoleSphere tutorials. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new pole dance, dance, conditioning, fitness or flexibility regime should consult with an appropriate healthcare professional before beginning any PoleSphere tutorials. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information, tutorials or material made available to you through our Website. The information and tutorials on the Website may not be suitable to your particular circumstances. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any tutorials or using any of the information on the PoleSphere Website:
- Pregnant women and women who are breastfeeding or who are trying to conceive a child;
- Persons currently suffering from, recovering from or recently recovered from illness or injury.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any tutorial that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following PoleSphere tutorials. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities.
Quality of the Website
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other internet-based communications such as via Facebook, Twitter or Instagram from us cannot be guaranteed. The delivery of video tutorials is dependant upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
You may be entitled to a refund in limited circumstances. See the clause (payment and refunds) below for further details.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at email@example.com. We may investigate the claim and take appropriate action, in our sole discretion.
Non PoleSphere services
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from the PoleSphere. If in the opinion of the PoleSphere members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then PoleSphere reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all reasonable steps to preserve the security of such information.
Under the Australian Consumer Law we guarantee that the services we supply are provided with due care and skill, reasonably fit for their specified purpose, and are provided within a reasonable time.
Terms Implied by Law
All implied guarantees, warranties and conditions of any kind in connection with the website and its contents or our services are expressly disclaimed. Some laws imply terms and conditions into agreements such as these terms and conditions that cannot be excluded. If we breach a non-excludable term or condition, we will be liable for that breach. However, if we are allowed to limit our liability for that breach under the relevant law, our liability will be limited to
- If the breach relates to services, re-supplying, or paying the cost of re-supplying, those services
Limitation of Liability
Indirect and Consequential Loss
To the extent permitted by law, and without limiting any non-excludable consumer rights you may have, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services or tutorials on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
To the extent permitted by law, our total liability in respect of all claims in connection with these terms and conditions (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under these terms and conditions up until and including the date the cause of action accrued.
The limitations of liability set out in these terms and conditions do not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
You agree to indemnify us and our employees, agents subcontractors and instructors from and against any third party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of:
(a) your breach of these terms and conditions;
(b) your use of, or access to the Website, its services and tutorials; and
(c) any failure to comply with any law,
except that you are not required to indemnify us for any losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred to the extent that they were was caused or contributed to by any negligent or wilful act or omission by us.
5. Intellectual Property
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, tutorials, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. All rights are reserved by us.
All names, logos and trademarks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
- Sharing the content of this Website or your account with other persons;
- Publishing or posting any of the content (such as tutorials or text) on any other website, including on social media pages or websites;
- Using the logo or trademarks of this Website, the word “PoleSphere” (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services whatsoever (including goods and services such as pole dance instructional services and pole dance related products);
- Registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, PoleSphere; and
- Systematic downloading or “scraping” of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
- The frequency and nature of any downloads; and
- The time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
6. User-Generated Content
This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website (including potential features such as live chat and forums), whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
The Website may include functionalities that allow you to control whether or not the public or other users of the Website are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose).
Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website) (whether authorised or not), then neither PoleSphere nor you may be able to control the further disclosure and publication of that User Content.
By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
- You warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
- You grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
- You must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website in breach of this paragraph (3); and
- To the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason.
Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. PoleSphere accepts no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website that is accessible to the public or other users of the Website.
Some User Content may refer to events or activities that are organised by other users of the Website. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.
If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at firstname.lastname@example.org.
7. Permitted Use
We prohibit the use of this Website and any of its functionalities, features, content and tutorials in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:
- You are legally responsible for all User Content you submit;
- Under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
- We may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
- You will not:
- Post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
- Bypass (or attempt to bypass) any security mechanisms imposed by the Website;
- Harvest or collect email addresses, photographs or personal information of other users;
- Impersonate any person or entity;
- Post or transmit false or misleading material or make any form of misleading or deceptive representation;
- Knowingly post or transmit or permit the posting or transmission of any material which contains a computer virus or other harmful data, code or material;
- Exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
- Provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or
- Delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
- At our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
8. Linked Websites
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or PoleSphere members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have:
- Received notice of such changes when we place a notice on the Website setting out the changes; and
- Agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.
If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing email@example.com and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.
10. Internet Safety
This Website seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:
(1) Encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content; (2) notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law; (3) warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below; (4) encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at: http://www.iia.net.au/index.php?option=com_content&task=view&id=416&Itemid=9#what_must_i_do; (5) notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting www.acma.gov.au; and (6) encourage you to contact Program Administrator at firstname.lastname@example.org if you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.
We request the Australian Communications and Media Authority contact the Program Administrator at email@example.com to send any takedown notices.
11. Personal Information Collection Notice
In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, and your age. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located in the United States.
12. Severance & Termination
PoleSphere may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
The terms underneath the following headings survive the termination and expiry of this agreement: “terms implied by law”, “indirect and consequential loss”, “total liability”, “indemnity”, “intellectual property” and “user-generated content”.
14. Governing Law
These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.