Website_logoTERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of the “Indi Pole” App and its Services. Please read these Terms carefully before using our App and Services, as this is a legally binding contract between you and the “Indi Pole” mobile application (Australian Business Number: 59246229009). “Indi Pole” is duly incorporated under Australian law.

Your installation, access and use of our App and Services constitute your agreement to these Terms and our “Privacy Policy”. Please be sure to carefully read these policies before using this App. If you do not agree to these terms, do not use the “Indi Pole” App. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice.

The use of any terms such as “We “Our” “Us” etc in this Terms of Service are a representation of the “Indi Pole” App and related Services. Use of any terms such as “You” “They” etc in these Terms represent users of the App including Students and Instructors.

SERVICE DESCRIPTION

The “Indi Pole” App is a pole dance and fitness marketplace. Students use the App to find Tutorials uploaded by Instructors, and purchase them. Instructors can upload video Tutorials to the App, set prices and sell Tutorials. Students can also track their training, “follow” Instructors and “like” tutorials. “Indi Pole” must approve Instructors before they can use the App. The App requires all users to create an account in order to use the App.

ELIGIBILITY

To use the App you must be at least 18 years old. You agree that profile information you submit is correct and that you are 18 years of age or older and are competent to enter into and abide by these Terms. No individual under these age limits may use the App. Use of the App is void where prohibited.

ACCOUNT

Students need to register and create an account to use the App, through the custom registration form in the App, or using social media plugins like Twitter, Google, Facebook etc. We are not affiliated with Facebook, Google or Twitter. Instructors can register to use the App once approved by “Indi Pole.” We reserve the right to decline any Instructor application to register for any reason, without explanation. Once registered, you must provide accurate and complete information and keep it current.

You are responsible for maintaining the confidentiality of your information and password. You shall be accountable for all uses of your registration, whether or not authorized by you. You must notify us immediately of any unauthorized use of your registration or password. You agree to allow us to send communications to the email address you provide when you sign up and agree to the Terms. You must comply with all applicable laws when using the Service.

FEES

The sale price for the video tutorials will be determined by the Instructors (The “Video Tutorial creator and Seller”). Instructors, as the video tutorial seller, will be paid 70% of the sale price from every set of their tutorials sold. “Indi Pole” will charge a 30% commission from every sale. Instructor payments will be processed monthly.

To purchase any Tutorial the Student must provide credit or debit card information. When a Student makes a purchase, this amount will be automatically deducted from their card. You expressly authorize us to collect the stated fees. All amounts will be charged in Australian dollars (AUD). We do not accept checks or any other payment option. If we are unable to successfully process any purchase through your selected payment method, then your order cannot proceed and you will not receive access to the Tutorials. You are strictly prohibited to make any payment, or attempt to pay, for Products or Services by any fraudulent or unlawful means. Both the Student and Instructors agree that they will make all transactions for App content within the App. All payments are final once processed. We don’t offer Refunds. 

TERMINATION

You may terminate your account by removing the App from all devices. If the following occur, we may suspended or terminate the Student or Instructor account:

  • Any abusive behavior
  • Any provision of false information.
  • Any commercial use, reproduction or distribution of tutorials outside the App
  • Any violations of copyright or use of copyrighted products of others
  • Upload of any content that is unlawful, indecent, explicit or pornographic. No nudity or profanity is permitted in tutorials. Any violations may lead to termination of the account.

We reserve the right to suspend any Student or Instructor Account we feel is in violation of the Terms. We also reserve the right, in our sole discretion, to reject your access to all or any part of the App at any time, for any or no reason, with or without prior notice, and without liability.

We reserve the right to immediately, without notice, suspend or terminate the App and its availability.

DISCLAIMER

All information including these Terms, our “Privacy Policy” and other items contained in our App is accurate at the time of publication but is subject to change without notice.

Under no circumstances we will be responsible for any loss or damage, including personal injury or death, resulting from use of, or connected with the use of the App

If you obtain this App or Tutorials contained within the App in any place not controlled by us, we are not responsible for any type of express or implied loss or damage, including personal injury or death.

We reserve the right to edit, change, modify or update the App without any prior notice.

COPYRIGHT

All the content including but not limited to, image, trademark, service mark, logo, design, icon, graphics, promotional, software, other files and all other information either used or posted by us in our App are legally owned by “Indi Pole”, and protected by Australian Copyright law.

Instructors remain the copyright owner of the Tutorials they upload on “Indi Pole”. Instructors must have created the content themselves or have permission from the copyright owner to do so.

No Tutorials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our permission. By publishing, displaying, or uploading any text, links, photos, video, messages, or other data or information on or to the application (including on or to your profile), you automatically grant, and you represent and warrant that you have the right to grant, to the Indi Pole an irrevocable, perpetual, non-exclusive, fully paid, license to use, copy, perform, display, and distribute.

Any use of any content, image, design, logo, videos, trademark, service mark or any other information or material from Indi Pole is strictly prohibited unless written permission is granted. Any unauthorized use of App content, image, trademark, service mark, logo, icon, graphic, software and all other information appeared on this site may violate Australian Copyright Act, 1968, Digital Millennium Copyright Act of 1998 (DMCA) and other applicable international intellectual property laws in Australia or other international laws relevant and applicable to the users’ area.

PRIVACY

Your privacy is important to us; you can view our Privacy Policy on the website or in the app. By using the App you agree to our “Privacy Policy”.

ELECTRONIC COMMUNICATION

By using the App, you consent to receiving electronic communications from us. These communications may include notices about your account and information concerning or related to the Service.

CONTENT RESTRICTIONS

Instructors are strictly prohibited to upload or post any content which:

  • Is unlawful, indecent, explicit or pornographic. No nudity or profanity is permitted in Tutorials.
  • Is offensive to the online community. This includes racism, gender discrimination, hatred, physical harm, or any otherwise objectionable content that discriminates against any group, community or individual.
  • Is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.
  • Displays pornographic or sexually explicit material of any kind, or exploits people in a sexual or violent manner.
  • Includes a photograph or video of another person that you have posted without that person’s consent.
  • Uses an unauthorized copy of another person’s copyrighted or copyrightable work.
  • Participates in or promotes any criminal activity or enterprise or provides motivational information about illegal activities

If an Instructor wishes to remove Tutorials previously uploaded to the App and those Tutorials have already been purchased by Students, the Instructor agrees that such Tutorials can be removed from further sale, however the Tutorials already purchased will remain accessible to those Students who have purchased them.

Upload of any of the above by you may result in termination of your account. We reserve the right to investigate and take appropriate legal action, at our sole discretion, against anyone who violates these provisions.

PROHIBITED ACTIVITIES

When using our App you must behave in a peaceful, civil, prudent and respectful manner at all times. It is prohibited to:

  • Harass or impersonate any user
  • Distribute “Spam”
  • Promote information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable
  • Copy, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App or it’s content or any software used on or for the App, or motivate others to do so;
  • Collect information about other users
  • Request users to purchase Tutorials outside the App
  • Advertise or solicit other’s copyright information.
  • Take part in any illegal activity

LIMITATION OF LIABILITY

You acknowledge and agree that your access to and use of the “Indi Pole” App is at your own risk. In providing you with access to the App, you hereby absolutely and unconditionally release and waive “Indi Pole” from any and all claims, demands, or causes of action of any kind, nature, or description.

All direct or indirect risk related to use of the App is borne entirely by you, the user. We shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, use, goodwill, data loss or other intangible losses, cost of procurement of substitute goods or services, or special, direct, indirect, incidental, punitive, or consequential damages of any kind resulting from the use or the inability to use the Services. Under no circumstances shall such liability exceed the amount paid to “Indi Pole.

All users understand and agree that Tutorials are not a substitute for professional fitness or medical advice, diagnosis, or treatment. Students should seek the advice of a doctor or other qualified health or fitness provider before starting any fitness regime, or with any questions you may have regarding a fitness regimen or medical condition. You expressly agree that “Indi Pole” will have no liability for property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with the App and Services.

We reserve the right to restrict or limit its access or visibility or access to any users at any time. The liability of “Indi Pole” shall be limited for any direct, indirect, or special damages or losses, resulting from the use of (or being unable to use) the App. The liability of “Indi Pole” shall be limited for any theft, loss or damage arising due to actions of other Users. You acknowledge and agree that “Indi Pole” is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of any other’s rights, including copyrights. We reserve the right, in its sole discretion to investigate and take appropriate legal action against anyone who violates our Terms or “Privacy Policy”. Our liability shall be limited if the App is shut down or the company ceases activity.

If you are dissatisfied with any of the terms of our Terms and “Privacy Policy”, the sole and exclusive remedy available to you is to discontinue using our App.

Any non-excludable liability guaranteed by Australian Consumer Law (Competition and Consumer Act 2010) in relation to the quality of consumer goods sold in Australia or by any other law cannot be modified nor abolished by any contract.

INDEMNITY

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold “Indi Pole” and its representatives, partners, employee or successors harmless from any costs, damages, expenses, and liability caused by your use of the App (or inability to use the App), your violation of the Terms, or your violation of rights of a third party through use of the App.

MISCELLANEOUS

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of your use of the App. You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms, and have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms.

When a Student purchases any Tutorial offered by Instructors, they acknowledge and agree that the Tutorials are for personal training use only, and will not be used for commercial use, reproduction or distribution outside the App. The Student and Instructors agree that all purchases of the Tutorials available on the App are bound by our payment terms and process. Should the Student and Teacher enter into any written or verbal contract that is outside these Terms, we will not be held responsible or liable if a dispute arises, or for any damage or injury caused.

The failure of the Company to exercise or enforce any right or provision of this Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms held invalid or unlawful, the remainder of this Terms shall continue in full force and effect.

LEGAL LIMITATIONS

As some jurisdictions do not allow some of the exclusions or limitations established in these Terms, some exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. “Indi Pole” may plead these Terms in response to any claim, action, proceeding or suit brought by you, against us for any matter.

DISPUTES

If there is any dispute, claim or complaint involving the use of our App it will be managed by our support team first. If matters progress to a legal stage then our attorney will arrange a time to talk to the user. To the extent, any complaint, dispute or controversy regarding the use of our App isn’t arbitrable under applicable laws, you and “Indi Pole” agree that any claim or dispute regarding our App will be resolved exclusively in accordance with these Terms.

GOVERNING LAW AND JURSDICTIONS

These Terms are governed by and shall be construed in accordance with Australian law and other international law. If any part of these Terms is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.

We designed our App for Students and Instructors of the global community. Our servers and operations are, however, located primarily in Australia, and our policies and procedures are based primarily on Australian law. Because of this, the following provisions apply specifically to users located outside of Australia: (i) you consent to the transfer, storage, and processing of your information, including but not limited to User-Generated Content and any Personal Data, to and in the Australia and/or other countries; (ii) you agree to comply with all local laws, rules, and regulations including, without limitation, all laws, rules, and regulations in effect in the country in which you reside and the country from which you access the Services. The Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Under “Indi Pole’s Tutorial selling platform or its other services to any registration requirement within such jurisdiction or country.

CHANGE OR MODIFICATION TO THE TERMS

We reserve the right to modify these Terms at any time without any prior notice. Such modifications and revisions are effective immediately upon publication or posting in the relevant areas of the website. Your continuous use of this site indicates your acceptance of such modifications and revisions.

CONTACT US

Indi Pole has sole jurisdiction to provide an explanation of these Terms. Feel free to contact us if you have any question regarding this Terms using the address below:

Indi Pole: 8 Edith St, Atherton, Queensland, Australia

Inquiries: app@indipolewear.com

Phone: +61427445162

 

Last updated on Friday, July 2018