APDA Website Terms
Please read these terms before using this site.
The purpose of this Website is to provide quality dance education and services which can be safely enjoyed by our users.
By using the Website, or any of our Services, you agree to be bound by these Terms, whether you are a registered Member or not.
Who we are?
This Website is made available by the Asia Pacific Dance Association (APDA), Auckland (“we”, “us”, “our”).
“Membership or Annual Registration” is an annual registration held by a dance studio or education facility which enables access to APDA resources and Services on our website for one calendar year.
“Subscription” is a paid subscription held by dance students of registered studios to access video training resources on our website for home practice.
“Services” include one or several of the following services - training videos, examination entry services, product ordering services.
“Fees” are the applicable fees payable for the Services as set out on the Website from time to time or as quoted directly to you by us.
“Website” is the Asia Pacific Dance Association website located at www.asiapacificdanceassociation.co.nz
Accessing the Site
We do not guarantee that the Website, or any content on it, will always be available, complete, accurate or up to date.
If you are provided with a login and password you must not give these to any third party. We are not responsible to you or anyone else if you do.
Only students and parents of APDA studios which hold a current annual registration are permitted to purchase a Subscription for the purpose of practise.
Changes to the Terms
These Terms may be amended by us from time to time. Amendments will be effective immediately when posted on the Website. You are responsible for ensuring you are familiar with the latest Terms. Your continued use of the Website and the Services represents your agreement to be bound by the Terms as amended.
Intellectual Property Rights
We are the owner of all intellectual property rights in the site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. These include without limitation text, graphics, Jazzaddict, Urban Ignition, Lucidity, La Beauté Ballet, Tap Revolution, Encore Theatre Dance and APDA logos and trademarks, icons, website programming code and mark-up, the software and other material underlying and forming part of the Website and the Services, and any improvements, enhancements, modifications or adaptions to the Website. All such rights are reserved.
APDA trade and service marks and logos may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not commercialise, copy or on-sell any information or items obtained from any part of this Website.
Each country has different legal requirements regarding use of copyright music for dance classes. It is the responsiblity of each dance studio or educational facility to hold the correct current applicable music license when teaching APDA work in classes. APDA does not accept any responsiblity for studios who do not hold the appropriate music license.
Information on Website
The content on this Website is provided for general information only. It is not advice on which you should rely. You must obtain professional or specialist advice before taking, or retraining from, any action on the basis of the content on the site.
Where the site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of these sites or resources and do not necessarily approve or endorse them.
Changes to the Services
We reserve the right at any time to modify, adapt, suspend or discontinue the Services or any part of the Services or Website, whether temporarily or permanently, without notice to you.
The Website and the Services are provided on an “as is” and “as available” basis. You use the Website and the Services at your own risk.
You agree to pay us all applicable Fees of your use of the Services. Fees for Subscriptions are in US dollars unless otherwise stated. Membership Fees are inclusive of New Zealand GST (if appropriate).
We reserve the right to change the Fees at any time. Amended Fees will be displayed on the Website.
Fees are non-refundable and may be subject to change by notice to you. All Fees are exclusive of all taxes (other than New Zealand goods and services tax). We will not be held liable for changing or refusing to refund the Fees.
Annual Registration/Membership Fees are payable by the user upon acceptance of registration of your studio (prices displayed on the Website).
Subscription Fees are payable at the time of purchasing access to Services (US dollars).
Cancellation by You
Subscriptions: If you are a student/parent and purchase a monthly Subscription as a practise resource, you may cancel your Subscription at any time by following the prompts within your Subscription Account. Monthly Subscriptions will roll-over each month unless you cancel your Subscription. If you have any difficulties cancelling in your Subscriptions Account you can email us.
If you purchase an annual Subscription you will pay a one-off fee for the year which will be automatically cancelled after one year.
Annual Registrations: If you are a studio owner and purchase a Studio Annual Registration/APDA Membership, this will be current for the current calendar year to December 31st (irrespective of joining date). The Registration Fee is payable in advance. All registrations and Website Services are deactivated on the 31st December each year for renewal.
No fees are refundable.
Our Responsibility for Loss or Damage Suffered by You
We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
Different limitations and exclusions of liability will apply to the supply of any products or services to you, which will be set out in the applicable purchase terms.
We will not be liable to you for any loss or damage, whether in contract, tort, breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, the Website, or use of or reliance on any content displayed on the site.
In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
You agree to release, indemnify an keep indemnified from us and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your use of the Website or the Services or your failure to comply with these Terms.
These website terms and the use of the site is governed by the laws of New Zealand.
Jurisdiction; Entire Agreement
These Terms will be governed by and construed in accordance with the laws of New Zealand, without giving effect to its conflict of law provisions or your actual state or country of residence. By your use of the Services, you (a) agree that any suit, action or legal proceeding arising out of or relating to this Agreement will be brought to the courts of the country of New Zealand; (b) consent to the jurisdiction of such court in any such suit, action or proceeding; and (c) waive any objection which you may have to the laying of venue of any such suit, action or proceeding in any of such courts.
These Terms supersede all previous conditions, understandings, agreements and representations whatsoever whether oral or written and constitute the entire agreement between you and us relating to the subject matter of these Terms.
If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of these rights.
You agree that no joint venture, partnership, employment or agency relationship exists between you and us as result of these Terms, or your use of the Services.
Except to the extent that you need to contact us to inform us of any breach of these Terms, you agree not to involve, or attempt to involve us, in any dispute or in the resolution of any dispute between you and another registered member or subscriber.
We may transfer, assign or delegate these Terms and its rights and obligations without consent. You agree that you cannot transfer, sell, lease, lend or trade your account, membership or subscription without our prior written consent.
If you have any questions regarding these Website terms or your use of the site or any content on it, please email firstname.lastname@example.org.
Thank you for helping us keep this Website a safe and secure platform. We hope you enjoy using this site.