Terms & Conditions
Acceptance
By subscribing as a client and continuing to use the website owned and operated by Solution Entertainment Pty Ltd (ACN 137 423 011)(trading at “All In”)(SE) with the main address of www.allinculture.com.au and any and all sub-pages (Website), you agree, without limitation or qualification, to comply with and be bound by these Terms and Conditions.Amendments
SE reserves the right to change these Terms and Conditions from time to time. You will be provided notice of any changes by email and an updated version will be published on the Website. Continuing to use the Website after a change has been made to the Terms and Conditions will be deemed an acceptance of any changes.Employees
The use of the material on the Website is for yourself and your employees, contractors, agents or volunteers (Employees) only.Privacy Policy
The SE privacy policy governs the use of information collected from or provided by you on the Website. A policy statement has been prepared by SE for the purposes of being made available to customers and the general public. The privacy policy declares the company’s commitment to the Privacy Act 1988 (Cth) which is available at https://allinculture.com.au/privacy-policy/.Subscription
- By subscribing as a member, you will be able to access the Website and may purchase access to a live online event (Experience).
- You may cancel your subscription at any time by providing notice to SE or by completing the steps for cancellation as set out on the Website.
Access to Experience
- You may purchase an Experience on the Website for a cost and for the number of Employees, as set out on the Website.
- The Experience is for a one-off use and may not be recorded or reproduced without the express written consent of SE.
- Any goods associated with the Experience will be charged at an additional cost.
Delivery
In the event that you order any goods from SE through the Website, you acknowledge and agree that SE will not in any way be responsible for the delivery of the goods ordered. This includes, but is not limited to, any delay in the delivery.Disclaimer
- The content on the Website may contain inaccuracies and typographical errors and SE does not warrant the accuracy or completeness of the content or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website.
- You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
- SE reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website or make any other changes to the Website, materials, products, programs, services or prices (if any) described in the Website at any time without notice.
- The Website, the information and content of the Website and the software made available on the Website (if any), are provided “as is” without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, infringement or fitness for any particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions apply only to the extent legally allowed.
- SE gives no warranties of any kind that the Website is virus or firmware free and you must take your own precautions in this respect. SE accepts no responsibility for any infection by a virus, other contamination or anything else that has destructive properties.
Cancellation of Experience
- In the event that you cancel an Experience that you have ordered you agree that you will be liable for the following cancellation fee (which is a reasonable pre-estimate of damages) being:
- more than five (5) days before the scheduled Experience there will be no cancellation fee;
- less than five (5) days but more than twenty-four (24) hours before the scheduled Experience there will be a cancellation fee being 50% of the cost of the Experience; and
- less than twenty-four (24) hours before the scheduled Experience there will be a cancellation fee being 100% of the cost of the Experience.
- Where possible SE will work with you to try and arrange for an Experience to be rescheduled but you may be responsible for additional costs and if this is not possible then the cancellation fees set out above will apply.
- In the event that you cancel an Experience that you have ordered you agree that you will be liable for the following cancellation fee (which is a reasonable pre-estimate of damages) being:
Copyright
- Content published on the Website including digital downloads, images, texts, graphics, and logos (Content) are the property of SE and/or its content creators and are protected by copyright laws. The entire compilation of the Content found on the Website is the exclusive property of SE as SE has copyright authorship, unless specifically stated otherwise.
- Unless you have been given prior written authorisation by SE, you must not take a copy, record or in any way reproduce the Content.
- You or your Employees may make limited recording of the use of the Website for marketing purposes only. The Content on the Website is not intended for reproduction.
Contacting Content Provider
The Website features Content provided by third parties to SE. You undertake not to contact any third-party content provider directly and agree to direct any enquiries, complaints or feedback about such Content to SE only.Limitations of Damages
In no case will SE be liable to you for any direct, indirect, special, consequential or other damages that are related to the use of, or the inability to use, the Content, materials, and functions of the Website or any linked website, even if SE is expressly advised of the possibility of such damages.Health and safety
Some of the Content involves you or your Employees or encourages you or your Employees to engage in:- physical activity (e.g. Pilates class);
- use of potentially dangerous equipment (e.g. knives in cooking class); or
- the consumption of alcohol (e.g. wine tasting class).
Suspension and Termination
- If you use the Website in contravention of these Terms and Conditions, SE may suspend your use of the Website (in whole or in part).
- SE shall fully cooperate with any law enforcement authorities or court order requesting or directing SE to disclose the identity or locate anyone in breach of these Terms and Conditions.
- SE’s rights to terminate your access to the Website shall not prejudice any other right or remedy SE may have in respect of any breach, rights, obligations or liabilities accrued prior to termination.
Insurance
It is your responsibility to have appropriate and adequate insurance in place in respect of you and your Employees use of the Website, including health insurance, public liability insurance and contents insurance.Third Party Sites
- As a convenience to you, SE may provide on the Website, links to websites operated by third parties (Third-Party Websites).
- If you use Third-Party Websites, you will leave the Website.
- If you decide to visit any Third-Party Websites, you do so at your own risk, and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
- SE does not endorse nor make any warranty or representation regarding:
- any Third-Party Websites;
- the information appearing on any Third-Party Websites; or
- any of the products or services described on Third-Party Websites.
- Links to Third-Party Websites do not imply that SE sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trade mark, trade name, logo or copyright symbol displayed in, or accessible through, the links.
Applicable Law
You agree that the laws of the State of Victoria govern these Terms and Conditions and agree that any dispute of any sort that might come between SE and you will be subject to the jurisdiction of the courts in the State of Victoria.Consumer Warranty Limitation
- To the extent permitted by law, the warranties and the remedies set forth are exclusive and in lieu of all other warranties, remedies and conditions, whether oral, written, statutory, express or implied.
- SE disclaims all statutory and implied warranties, including and without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law.
- In so far as such warranties cannot be disclaimed, SE limits the duration and remedies of such warranties, to the duration of this express warranty and at SE’s discretion, the:
- repair;
- replacement; or
- refund of amounts paid;
- In the event that the law does not allow limitations on how long an implied warranty (or condition) may last, in such circumstances, the limitation described above may not apply.
Severance
Any provision of the Terms and Conditions which are prohibited or unenforceable in any jurisdiction will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability. This will not invalidate the remaining provisions of the Terms and Conditions nor affect the validity or enforceability of the provision in any other jurisdiction.