1. User Agreement
By visiting and/or using the MarShere Dance Studios website, associated services and functionality ("the website") you agree to be bound by this user agreement ("agreement").
This agreement is formed between you and MarShere Franchising Pty Ltd (ABN 78 104 097 681) of 43/1470 Ferntree Gully Road, Knoxfield VIC 3180 Australia ("us", "our", "we"). "you", "user", "member" and "visitor" means anyone who visits this website.
If you do not agree to any provisions of this agreement, you must not use the website.
We reserve the right to make changes to this agreement from time to time at our sole discretion. By continuing to use the website, you agree to be bound by the changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes. Nevertheless, you should check our published agreement and policies from time to time to acquaint yourself with the current version.
2. Registration
In order to make purchases and access some features of the website, you will need to be a registered user.
You may not use another user's account without permission.
When registering to become a user and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.
You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.
3. Legal Capacity
By making an on-line purchase you accept these terms and conditions and acknowledge that you:
- are over eighteen (18) years of age, and/or
- are entering into a legal contract with us.
Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.
4. Supply of services to You/Termination
We aim to provide a positive experience for all users and registered users. Accordingly, we reserve the right to change (ie alter, remove or add functionality) the website at any time. We do not guarantee that you will be able to access the website in the same way or with the same equipment or software you used prior to the change.
We may stop (temporarily or permanently) providing access to the website to you, or to visitors or registered users generally, at our discretion and without prior notice to you.
We may in our sole discretion terminate your account or restrict your access to the website. If we do this, you may be prevented from accessing all or parts of the website, your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
5. Disclaimer
We will provide services with due care and skill but we do not warrant that our services will be provided without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
errors, mistakes or inaccuracies on the website;
you acting, or failing to act, on any information contained on or referred to on the website and/or any linked website;
personal injury or property damage of any nature resulting from your access to, and use of, the website;
any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
any interruption or cessation of transmission to or from our website;
any bugs, viruses, Trojan horses or other harmful code or communications which may be transmitted to or through our website by any third party; and/or
the merchantability or fitness for any purpose of any product or service of any linked sites. We do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.
We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web address. The only authorised access point is www.marshere.com.au with no characters before or after "www.marshere.com.au".
Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will at our option be limited to in the case of goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired.
6. Use of services by you
You agree to use the website only for purposes that are permitted by:
this agreement;
any applicable law or regulation; and/or
generally accepted practice or guidelines.
You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.
You agree that you will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the website.
You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein.
You agree not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent.
You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.
7. Orders
Products displayed on the website do not constitute an offer to sell. It is an invitation to treat only. Orders placed by you are offers to purchase particular product under the terms and conditions in this agreement at the price specified (including delivery and other charges).
We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product, an error in the price or product description, or an error in your order. In the event that we cancel your order, we will provide a full refund of any payment received.
You may cancel your order only if we have not started processing it. A cancellation and re-stocking fee of 20% or $25 (whichever is lower) applies. Please contact us through online@marshere.com.au with your order details.
8. Price
The prices of products, services and other charges shown are in Australian dollars and include GST where applicable.
Prices are current at time of display but are subject to change.
9. Payment
All payments must be received in full prior to delivery. Payment options are via credit card only.
MarShere gift vouchers cannot be accepted as payment through the Website, and are for use in store only.
If your payment is not received or declined by your bank or credit card issuer, we cannot hold product against your order.
10. Shipping - Supply of product
Subject to this agreement, we will supply to you the products shown on your order confirmation. Free shipping Australia Wide is available on all of our products. Vouchers and lesson packages will be sent via email.
You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.
We retain ownership of goods until payment is received in full. Risk in goods, such as loss or damage, passes to you upon delivery.
Delivery of our products will be through Australia Post. Delivery of vouchers and lesson packages will be via email.
We do not allow personal pick up.
11. Change of mind returns / Exchanges
No returns are given on change of mind purchases.
However, an exchange of the item will be accepted on products of equal or greater value (with the difference to be paid by the purchasee), if the product purchased is in its original packaging and in re-sellable condition. For instance, if you have purchased the wrong size and need it exchanged for another.
Vouchers purchased online or instore aren't able to be refunded, but can be used to purchase dance classes, merchandise, tickets to events at any of our MarShere Studios within the validity period of the voucher. Vouchers purchased online can be used at an MarShere Dance Studio. Vouchers purchased at a particular MarShere location can only be redeemed at that location.
Items that are requested to be exchanged must be sent back to MarShere Franchising Pty Ltd (43/1470 Ferntree Gully Road, Knoxfield VIC 3180), at the purchaser's expense. It may take up to 14 days for the exchanged product to be sent to you.
Soiled items will not be returned or exchanged unless stipulated in point 12 below.
12. Statutory Conditions and Warranty / Refunds / Shipping
The Australian Consumer Law ("Law") which forms part of the Competition and Consumer Act 2010 (Cth) implies into consumer contracts certain statutory conditions and warranties which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Australian Consumer Law, a "major" failure, then the remedy will be limited to a refund or a replacement, at your election. In all other cases, a breach of such warranty will give rise to a refund or replacement at our election.
As supplier, we provide the following express warranties subject to the following terms and conditions:
- We will refund or replace the product as the case may be (with us or you deciding and determining the action to be taken according to whether the failure is major or non-major, as stated above) in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its intended or disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product.
- Where a refund or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any shipping costs to return the original product to us.
- Replacement products are subject to the same warranties as the original.
- You must retain your proof of purchase for any manufacturer warranty claims.
- Refunds will be issued by direct deposit or cheque at our discretion.
In order to obtain these remedies:
- You must notify us within a reasonable time of supply of the goods. In this context a 'reasonable time' is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods. In many cases this will be 7 to 14 days, but in some circumstances may be longer. Please contact us via online@marshere.com.au. Once contacted we will advise you of the best way to return any products. We may not accept products returned without a Return Authorisation Number.
- Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of freight costs will not be made until the original product is received by us and your claim verified.
- We aim to process refunds and replacements within 28 days of receipt by us of the original product.
- We will not refund or replace a product where in our reasonable opinion the product has following sale to you become of unacceptable quality due to fair wear and tear, misuse, failure to use in accordance with manufacturer's instructions, using it in an abnormal way or failure to take reasonable care.
13. Links to third party websites
The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we have not reviewed any of these third party websites, content or resources and we are not responsible for the material contained therein.
14. Intellectual property
We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
Other trade marks used on the website that belong to third parties are used with permission and remain the intellectual property of the third party.
You may not modify or copy the layout or appearance of the website nor any computer software or code contained in the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the website.
If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our website and developing your ideas and suggestions for improved products or services we provide.
15. Transfer and Assignment
In the event that we merge, sell or otherwise change control of our business or this website to a third-party, we reserve the right, without giving notice or seeking consent, to transfer or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.
16. Indemnity
You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this agreement.
17. Force majeure
We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.
18. Applicable law
This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the non exclusive jurisdiction of the courts of the State of Victoria, Australia.
If any part of this agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
19. Waiver
If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.
20. Privacy and personal information
We do not collect personal information if you only browse this website.
Online payments are handled by e-way external third party service providers. We do not see or store your credit card or banking details. Please check the eway.com.au website for details of their privacy policies and security measures.
Our server may log details about any computer used to access the Website (such as the IP address, operating system and browser type), the date and time of access, and details of the information downloaded.
Please see our Privacy Page for additional information.
21. Website Security
When purchasing from www.marshere.com.au your financial details are passed through a secure server using a PCI DSS payment gateway. If you have any questions regarding our security policy, please contact us.
www.marshere.com.au does not hold or store any Credit Card details. The MarShere website uses eWay as a payment gateway. All prices appearing on this website are in Australian Dollars $AUD.
