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® Service 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® Service until you have read, understood and accepted these terms and conditions. If you have any queries, please contact us and we will gladly assist.

Please complete all the information required during check-out as accurately as possible as this information will be used in your booking confirmation.

You will receive confirmation of your purchase via e-mail after your purchase.

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 offense.

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 entertainers are reliable, compliant and able to provide you with the highest quality service possible. Waggle Dance® services are provided by a carefully selected group of entertainers (third parties). Waggle Dance® does not have any control over third party service providers and their operations and therefore 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 entertainers regarding their standard of performance and, where appropriate, service providers are registered with their relevant controlling or regulatory bodies. Once a booking has been made, purchasers are bound by the Terms and Conditions of that particular service. By purchasing a Waggle Dance® service you acknowledge that services 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 services for reasons beyond its reasonable control (including but not limited to weather-related reasons, mechanical failure, car accidents, location changes or otherwise).  Please note that services are subject to change without notice. This does not affect your statutory rights.

Our services are tailored to children and offered by experienced and qualified entertainers, 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 service.

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 signify 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. Availability

All services are subject to availability. To avoid disappointment we recommend that you book well in advance, at least 6-8 weeks prior to the party date. During peak periods from September to December, it may be necessary to allow a longer notice period although some service providers may occasionally be able to fit in a booking at short notice.

Once you have selected a party/service on the Waggle Dance® website, contact our concierge with your requirements and we will advise of availability as soon as possible. Once we have confirmed availability, you can purchase the service on our website.

All Waggle Dance® services are offered subject to availability.

12. Security

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 financial 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 purchase.

13. Exchanges

Services are offered by different providers, so it is not possible to simply exchange one service for another. If you would like to make any changes or additions, kindly contact us and we will advise on the best way forward. Changes and additions are subject to availability.  If you need to change the date of your party, please let us know as soon as possible in order to establish which new dates and times are available to you.

14. Refunds

If you have purchased a service from Waggle Dance® and you need to cancel the service due to unforeseen circumstances, please contact us within 7 days of the purchase date. If a service is canceled within 28 days of the booking date, a cancellation fee of $50 will apply.

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

In the unlikely event that an entertainer is no longer able to provide the service you booked due to unforeseen circumstances such as injury or illness, we will suggest and arrange an alternative to you. If no suitable alternative can be found, we will refund you the full purchase price.

15. Problems on the day

We welcome your feedback on all of our services. If you encounter a problem on the day, please immediately bring it to the attention of the service provider 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 within 7 days of the party/event and we will be happy to take the matter up with the service provider on your behalf. Please note that the service provider will have the opportunity to investigate and respond to this matter.

16. Cancellation by service providers/entertainers

If a service provider has to cancel your booked service due to circumstances beyond their control such as injury or illness, they will arrange for a replacement if at all possible.  Waggle Dance® cannot be held liable for any costs incurred by the purchaser in the event of a cancellation and Waggle Dance®’s total liability for any claim in connection with a Waggle Dance® service shall be limited to the price paid for the experience. In the event of a cancellation by a service provider, and no suitable replacement can be found, a full refund of the purchase price will be issued to the purchaser.

17. Cancellation/ Changes by purchasers

Once you book a service with Waggle Dance® you are bound by our terms and conditions. If you would like to make any changes or additions to your booking, kindly contact us and we will advise on the best way forward. Changes and additions are subject to availability.  If you need to change the date of your service, please let us know as soon as possible in order to establish which new dates and times are available to you. If you need to cancel your booking, a cancellation fee may apply, depending on the circumstances the length of the notice period. This is at the discretion of Waggle Dance® and the service provider. Cancellations within 14 days will incur a 25% cancellation fee. Cancellations within 7 days of a booking date will incur a 50% cancellation fee. Cancellations within 48 hours will not be refunded.

18. 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.  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).

19. Discount codes & entitlements

Waggle Dance® reserves the right to exclude any service 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.

20. 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.

21. Details Provided

It is your responsibility to ensure you enter the correct details about the party and your contact details during checkout. Failure to do so may result in the incorrect delivery of the service you booked.

22. Insurance

Service Providers warrant that they maintain appropriate public liability and/or professional indemnity insurance for all risks associated with its business and service provisions. Service Providers 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 inquiries with the service provider or other third parties as to the need to acquire your own insurance cover.

23. 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: May 2018.  These supersede all previous terms and conditions.