Welcome to our website!

Waggle Dance® are owned and operated by Waggle Dance Pty Limited (ABN 34 165 967 331) hereinafter referred to as “Waggle Dance”. We are a registered company based in Melbourne, Victoria, Australia and our Australian Company no. is 165 967 331. Waggle Dance® is a registered trademark. All Waggle Dance® graphics, logos, page headers, button icons, images and product names are either trademarks or the copyright of Waggle Dance®. Waggle Dance® trademark and copyright materials may not be used in connection with any product or service without written authorisation.

Please review the following basic rules that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those rules.

If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs Waggle Dance’s relationship with you in relation to this website.

If you violate any of the terms of these Terms of Use we may, without limitation, have your access cancelled and you may be permanently banned from accessing, viewing, browsing and using the Site.

Upon any termination of this agreement by either you or Waggle Dance® you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this agreement or otherwise.

TERMS OF USE

1. Terms

By accessing www.waggledance.com.au, you are agreeing to be bound by the web site Terms of Use and our Privacy Policy, which is incorporated herein by reference, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

If you do not agree to abide by these terms, please do not use the Site. Using the Site will constitute your acceptance of these Terms of Use.

2. Making a Purchase

When you purchase and/or use a Waggle Dance® Experience and tick the box that says ‘I accept the Terms of Use and Privacy Policy’, you become legally bound by these terms and conditions. Please do not proceed to purchase/use your Waggle Dance® Experience until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will gladly assist.
Phone: 1300WAGGLE / 1300 924 453 (inside Australia)
E-mail: help@waggledance.com.au

When you purchase a Waggle Dance® experience, the recipient will receive notice via the e-mail address you provided of his/her parents or guardian once the full order has been processed and the purchase is completed. If you want to make sure that the e-mail we send is not blocked by fire walls set-up in the recipient’s mailbox, please send the e-mail to your inbox and forward it to the gift recipient on the date you choose.

You will receive a confirmation of your purchase and confirmation that your gift has been sent via e-mail.

3. Limited License and Site Access

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

4. Governing Law

Any claim relating to Waggle Dance® web site shall be governed by, construed and enforced in accordance with the laws of Victoria, Australia. Disputes arising from your use of this site are exclusively subject to the jurisdiction of the courts of Victoria.

5. Jurisdictional Issues

Waggle Dance® is controlled and operated from Australia. Our Site is not subject to the laws or jurisdiction of any state, country or territory other than that of Victoria, Australia. Waggle Dance® does not represent or warrant that any of its services or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access www.waggledance.com.au do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

6. Limitations on liability

Other than as specified expressly in these terms and conditions we will not be liable for any loss or damage (including indirect or consequential loss or damage) which may arise directly or indirectly in respect of the use by you of Waggle Dance® services or the Waggle Dance® website except to the extent that such liability cannot be excluded by law. Your sole and exclusive remedy for dissatisfaction with services is to stop using the services, and your sole and exclusive remedy for dissatisfaction with a gift is to obtain a refund in accordance with the terms specified hereinafter in our exchanges and refund policy. To the fullest extent permissible by applicable law, the maximum liability of Waggle Dance® arising out or in connection with the provision of or failure to provide any services shall be the actual price paid therefore by you.

We take all reasonable steps to ensure that our experience hosts are reliable, compliant and able to provide you with the highest quality service possible. Waggle Dance® experiences are provided by a carefully selected group of specialist hosts (third parties). Waggle Dance® do not have any control over third party service providers and their operations and therefor can’t make any guarantees or warranties about the services, which are provided, to you by third parties.

Even though we take all reasonable steps to ensure that third party service providers are licensed, compliant and insured, we accept no liability for any loss or damage suffered by you or any third party as a result of such non-compliance.

Waggle Dance® has contracted agreements with its hosts/operators regarding their standard of performance and, where appropriate, hosts are registered with their relevant controlling or regulatory bodies. Once a booking has been made with a host the participant is also bound by the Terms and Conditions of that host. By purchasing or redeeming a Waggle Dance® experience you acknowledge that experiences/services/events are dependent on certain factors beyond the control of Waggle Dance® and agree that Waggle Dance® is not liable for the cancellation, postponement or alteration of any experience/service/event for reasons beyond its reasonable control (including but not limited to weather-related reasons, mechanical failure, location changes or otherwise). If mechanical breakdown should occur you should expect reasonable substitutions without notice. Please note that experiences/services/events and other products are subject to change without notice. This does not affect your statutory rights.

By nature some degree of risk is involved in participating in any experience and you should be aware of the risks involved. Given that our gifts are tailored for children, and offered by experienced and qualified hosts, the utmost precaution is taken to secure their safety and enjoyment. Waggle Dance® can provide further information if you are in any doubt about any experience/service or event.

7. Class Action Waiver

Any dispute resolution proceedings, whether in arbitration or court, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general legal action. Your access and continued use of our site signifies your explicit consent to this waiver.

8. Copyright

All content including photographs, images, audio/video clips, data compilations and software is the property of Waggle Dance® and is protected by Australian and International copyright laws.
You may not modify, create, copy, distribute, transmit, display, reproduce, duplicate, publish, license, or offer for sale any information contained on, or obtained from, the Waggle Dance® website without our express written consent.

We will respond to notices of alleged copyright infringement as required by law. If you believe that your intellectual property rights have been infringed, please notify our team via legal@waggledance.com.au and we will investigate further.

9. Force Majeure

Please be aware that we are not held responsible for fulfilment of our contract with you for circumstances beyond our control; including, without limitation:
(a) fire;
(b) severe weather conditions;
(c) industrial dispute;
(d) strike or labour disputes.

10. Site Down Time

We take all reasonable steps to ensure that www.waggledance.com.au is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore we will not be liable if this website is unavailable at any time.

11. International/overseas orders

All prices shown on the Waggle Dance® website are in Australian Dollars and all transactions are conducted in Australian Dollars. If ordering from overseas or from a foreign currency account that require your bank to process the transaction, you may incur bank fees from them. These fees are in addition to any prices on our website and are beyond our control.

12. Product information

Experience/Service/Event Vouchers & Monetary Gift Certificates (Experiences)
• A Gift Voucher is a Waggle Dance® voucher for a specific experience/service/event.
• A Gift Certificate is a generic Waggle Dance® gift certificate with a dollar value that can be used as currency to purchase from the Waggle Dance® website.

13. Personalised Messages

The personalised message service available to our customers are subject to the following guidelines. Out of respect for all our customers, we ask that you do not use obscene, profane or threatening language in messages. Examples of the kinds of conduct or content that are prohibited include:
• The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation, or Waggle Dance® rules or policy.
• The transmission of any content that is profane, libellous, defamatory, obscene, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
We may, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other customers, or any third party.

14. Availability

The recipient is free to book their preferred date within the Voucher/Certificate validity period. Experiences/Services/Events are subject to availability and, in some cases, may be subject to weather conditions. If your experience is weather dependent we advise telephoning the host before you set out to confirm that the event will take place. To avoid disappointment we recommend that bookings are made well in advance, at least 6-8 weeks for the majority of experiences and especially parties. During peak periods or if you want to book a specific date, it may be necessary to allow a longer notice period although some operators may occasionally be able to fit in a booking at short notice. We recommend booking as early as possible as you must undertake your exrience before the expiry date printed on your Voucher which is twelve months from the date of purchase.

We strongly advise that you do not make any travel, accommodation or other arrangements until you have received confirmation of your booking. Bookings are not considered finalised until you have received the email entitled “Your Waggle Dance Booking Confirmation”. Please be advised that some experiences may display availability dates or a limited number available on the website. These dates and quantities are guidelines only and are subject to change as other customers may be purchasing or booking that gift while you are browsing the same gift. We suggest if you plan to purchase a voucher for a date listed at short notice, you contact us at concierge@waggledance.com.au or phone 1300WAGGLE to ensure there is still availability before completing the transaction. Once a date has been booked with a host your Voucher is deemed to be used at that point and can no longer be exchanged or refunded.

All Waggle Dance® Experiences are offered subject to availability.

15. Restrictions

Some experiences/services/events are subject to restrictions. These could include (but are not limited to) age, height, weight, physical and medical restrictions, and may vary from host to host so please check before making your booking. It is your responsibility to ensure that you choose an experience/service/event appropriate for the intended recipient and it is the responsibility of the recipient to double check that the restrictions are not prohibitive. If you are unsure of the suitability please telephone us on 1300WAGGLE or e-mail concierge@waggledance.com.au and we will be happy to advise you.

16. Spectators

Spectators are usually welcome but occasionally some venues may have restrictions on spectators due to safety regulations. The “Can Other Guests Watch?” section on the experience page will indicate the arrangements around every experience. Recipients/Participants are advised to also check with the host when booking.

17. Security

Vouchers are valuable documents and cannot be replaced if they are lost, damaged or stolen and used by another, and are invalid if altered or tampered with. Waggle Dance® accept no liability in these circumstances. All vouchers are e-mailed directly to the Purchaser or the Recipient depending on the choice made during check-out by the Purchaser. We recommend the voucher are saved and stored on the recipient’s device and a hard copy printed and kept safe.

Gift certificates are only redeemable online on www.waggledance.com.au. Gift Vouchers for a specific gift expires after 12 months from date of purchase, generic monetary Gift Certificates also expire after 12 months from the date of purchase.

Gift certificates are not exchangeable/redeemable for cash.

Waggle Dance® accepts no responsibility for any stolen or fraudulent Gift Certificates. It is the gift certificate holder’s responsibility to ensure the safe keeping of the Gift Certificates. Waggle Dance® is not responsible if the gift certificate is lost, stolen, destroyed or used without your permission.

Please make sure you keep an electronic and/or printed copy of your Gift Certificate. If the Purchaser who gifted you the Gift Certificate have an account with us, they will be able to log into their Waggle Dance® account and re-send you the Certificate if you have misplaced it.

Payments can be made through your PayPal account, VISA or MasterCard. All payment options are administered through PayPal which is safe and guarded by large company infrastructure. Waggle Dance® does not store any of your payment details on www.waggledance.com.au.

Our entire website is SSL (secure socket layer) certified to help ensure that your shopping experience is safe, simple and secure.

All credit/debit cardholders are subject to validation checks and authorization by the card user. If the user or your financial institution refuses to authorize payment to www.waggledance.com.au, we will not be liable for any delay or non-delivery of a gift.

18. Validity

The Gift Voucher validity period is 12 months from date of purchase unless otherwise stated. Gifts must be booked and undertaken prior to the expiry date printed on the Voucher, otherwise the Voucher will be deemed to be invalid and Waggle Dance® will accept no liability. Gift Certificates are valid for 12 months from the date of purchase. Once a Gift Certificate has been used by the recipient to purchase a specific experience on the website, that voucher is valid for 12 months from that date of purchase.

19. Extensions

We do not offer extensions on Gift Vouchers beyond its 12 month validity as our gift recipients are children and some gifts have age restrictions and if vouchers are extended beyond 12 months they may be in a different age group. If unforeseen circumstances do not allow you to use your Gift within its validity period, please contact us on 1300WAGGLE or e-mail help@waggledance.com.au. We will assess the situation and advise you of a remedy and of any additional fees associated with the extension of the voucher.

20. Exchanges

Gift Vouchers are flexible. If the experience you received is not suitable and you want to exchange it, this is what you need to know:

  • You can exchange for most experiences on our website unless otherwise stated in the gift information.
  • The gift voucher must be valid, not subject to a booking already made with a host and unused.
  • Please notify us in writing via e-mail exchanges@waggledance.com.au if you would like to exchange a gift.
  • We will cancel that Gift Voucher and issue you with a Gift Certificate to the same value of the original gift you received.
  • Please use the Gift Certificate we issue you with to purchase another more suitable gift of your choice for the same or greater value on the website. If the new gift you choose are more expensive than the original one, you can pay the difference on the website during checkout.
  • The gift certificate will be valid for 12 months from date of issue. Once you choose a new gift on the website and check out using your Gift Certificate, the Gift voucher for the specific gift you chose will be valid for 12 months from date of purchase.
  • Exchanges do not apply to Gift Certificates of a dollar value.

 
21. Refunds

If you have purchased an experience from Waggle Dance® and you change your mind about your purchase, you can request a refund within 30 days of the purchase date.

Refunds can be made on unused, not yet booked and unexpired vouchers bought direct from the Waggle Dance® website.

A refund cannot be given once you have booked your gift in with the host.

Refunds can only be made to the Purchaser and the monies will be refunded directly to the original method of payment.

Refunds cannot be given on expired, extended or exchanged vouchers.

Refunds to not apply to Gift Certificates of a dollar value.

Please inform us in writing via e-mail to refunds@waggledance.com.au if you wish to refund a purchase.

In the event that an Experience Host is unable or no longer able to provide the experience/service/event specified, an alternative will be suggested. If no suitable alternative can be found, the Purchaser of the gift will be refunded at the original purchase price.

22. Problems on the day

We welcome your feedback on all of our experiences. If you encounter a problem on the day, please immediately bring it to the attention of the host or operator at the venue so that they have a chance to put matters right. If you have attempted resolution but the problem was not resolved on the day, please contact us on 1300WAGGLE or e-mail us at feedback@waggledance.com.au within a week of your experience (providing your Voucher number, participant’s name and venue details, including who you spoke to on the day) and we will be happy to take the matter up with the host on your behalf. Please note that the host/operator will have the opportunity to investigate and respond to this matter.

23. Cancellation by gift hosts

If the host/operator cancels an experience/service/event either before or on the day of the event due to circumstances beyond their control, the host will arrange to re-book the participant at a mutually agreed time on our behalf. Waggle Dance® cannot be held liable for any costs including (but not limited to) travel expenses or pre-booked accommodation costs incurred by the participant in the event of a cancellation and Waggle Dance® total liability for any claim in connection with an Waggle Dance® gift shall be limited to the price paid for the experience.

24. Cancellation by participants

Once you make a booking with a host you are bound by their terms and conditions. Make sure you understand their rules regarding changing or cancelling a booking (particularly at short notice) as a refund will not be offered in the case of infringement of these rules. Waggle Dance® Cancellation policy may provide a replacement Voucher in the event of cancellation by the participant owing to circumstances beyond their control. Please click on the heading: “What if something unforeseen happens?” on the gift page of the gift you intend to buy to read about the terms and conditions for that particular gift. If you do not give prior notice and don’t show up for your booking, you will forfeit your voucher.

25. Birthday Club

When you join your child(ren) to the Waggle Dance® birthday club, they are included in a monthly draw for a chance to win a $200 gift voucher. Special offers for their birthdays will also be sent to you via e-mail.  No purchase is necessary and joining is free. The start date for each monthly draw will be on the first day of every month and the closing date on the last day of every month. The winner each month will be drawn randomly and will be notified via e-mail within 7 days of the closing date. The gift voucher will be e-mailed to the winner directly. The gift voucher is valid for 30 days from the date of receipt. Once you have purchased an item on the Waggle Dance website with your gift voucher, your gift recipient has 12 months in which to enjoy their gift. The gift voucher is not exchangeable for cash and must be used in a single purchase.

26. Special offers and promotional offers

These may have restrictions including (but not limited to) dates and times of use, validity periods and range or content so please be sure to check these before purchasing and contact us if you have any questions.
Phone: 1300WAGGLE / 1300 924 453 (inside Australia)
E-mail: help@waggledance.com.au
Special Offers and Promotional Offers cannot be refunded or extended unless otherwise specified. (A promotional product refers to a voucher, which was sold at a discounted price or as part of a special offer, whether or not this is stated on the voucher).

27. Discount codes & entitlements

Waggle Dance® reserves the right to exclude any experience from discount schemes. Only one discount code may be used per order. Discounts apply to new orders only and cannot be used against exchanges, extensions, delivery and fulfilment charges or any other facility provided by Waggle Dance®. You may be required to provide evidence of your entitlement to any discount.

28. Prices

We reserve the right to change prices without notice. All prices include Goods and Services Tax (GST) at the current rate of 10% in Australia. There are no further transaction or delivery fees payable when you checkout.

29. Transfer of Waggle Dance® Gifts

All valid and unused Waggle Dance® Gift Vouchers or Gift Certificates are fully transferable prior to booking. Once your experience has been booked with the host, you can no longer transfer your voucher to another person. If you transfer a Waggle Dance® Gift voucher to another person, it is your responsibility to make sure that the experience you are transferring is suitable for that person. Waggle Dance® accepts no responsibility for any stolen or fraudulent Gift Vouchers. It is the holder’s responsibility to ensure the safe keeping of the Gift Voucher(s).

30. Lost Gift Vouchers

If a Waggle Dance® Gift Voucher is received and subsequently lost, the recipient may be eligible to have a replacement voucher emailed to them. Conditions for replacement of lost Waggle Dance® Gift Vouchers:

  1. The voucher is still valid and has not yet been exchanged or used.
  2. Proof of purchase is provided; either an order number, purchaser’s full name or purchaser’s email address.
  3. Waggle Dance® is able to correctly verify you as the original recipient.

Please note it is the voucher recipient’s responsibility to obtain and provide Waggle Dance® with all required verification details. Failure to do so will mean no replacement voucher can be issued.

The expiry date of the voucher is clearly displayed on all Gift Vouchers.

31. Gift Voucher Delivery

All Waggle Dance® gifts are delivered via e-mail only. It is the responsibility of the purchaser to provide the correct e-mail address when purchasing a gift.

Waggle Dance® is not liable or responsible for any loss suffered as a result of a Gift Voucher via email being blocked by filters or firewalls, or where the purchaser has entered the incorrect email address.

If the recipient does not receive the email Gift Voucher, please contact us immediately on 1300WAGGLE or e-mail us at help@waggledance.com.au to send the voucher to an alternative email address. If uncertain, it is advisable that you e-mail the voucher to your e-mail address so that you can forward it to the recipient as your e-mail address should be known to them.

32. Contact Details Given

Purchaser: It is your responsibility to ensure you enter your email address and that of the recipient and other contact details correctly when you complete the gift purchase process. Failure to do so may result in loss or incorrect delivery of the email confirmation of the gift purchase.
Recipient: It is your responsibility to ensure that you provide the correct details to our Concierge service or the gift host when you book in your gift. Failure to do so my result in the loss or incorrect delivery of the booking confirmation e-mail. As the Gift Host will be expecting you, you may end up forfeiting your voucher (subject to the Gift Host’s terms and conditions).

33. Insurance

Experience/Service/Event operators warrant that they maintain appropriate public liability and/or professional indemnity insurance for all risks associated with its business and service provisions. Gift hosts and their staff or contractors who work directly with the children are all required to have a valid Working with Children Check. We make no warranty or representation about his or her business or services whatsoever.

The responsibility rests with you to make independent enquiries with the experience provider or other third parties as to the need to acquire your own insurance cover.

34. Guarantees and Warranties required by law

Waggle Dance® complies with Australian Consumer Law in respect of guarantees and warranties for our services.

We trust that our terms and conditions provide a comprehensive outline for your use of our website.

Dated: January 201. These supersede all previous terms and conditions.