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Our terms and conditions for Australia

I

General Terms and Conditions

1.

Basic Provisions

1.1

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between K-KOMBINAT Webentwicklung, Kevin Kis, Braustr 21, 04107 Leipzig (hereinafter referred to as "Lets-Dance") and users of the website of Lets-Dance and all related

1.2

Unless otherwise agreed, the inclusion of the user's own conditions, if any, is contradicted.

2.

Users of Lets-Dance

2.1

Users of Lets-Dance are, on the one hand, providers of dance courses who create a commercial entry for their dance course offerings on Lets-Dance (hereinafter referred to as "dance schools") and, on the other hand, private individuals who, via Lets-Dance, are looking for a dance partner, dance courses, dance events, or a dance school (hereinafter referred to as "dancers").

2.2

Lets-Dance is therefore aimed at both consumers within the meaning of § 13 BGB and entrepreneurs within the meaning of § 14 BGB.

2.3

A consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.

2.4

Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a legal partnership with legal capacity that acts in the conclusion of a legal transaction in the exercise of its commercial or independent professional activity.

3.

Services of Lets-Dance

3.1

In addition to the Lets-Dance blog, where various dance-related information is provided free of charge, Lets-Dance essentially offers 2 different services for the dancers: dance partner search and dance course search.

3.2

The purpose of the dance course search is to mediate dance courses between dance schools and dancers. Lets-Dance only provides the technical possibility for users to use the website. The contract for the dance courses is concluded directly between the dance school and the dancers. Lets-Dance is expressly not a party to the agreements made. The users involved are solely responsible for fulfilling the obligations arising from these agreements.

3.3

3.3.1

The purpose of dance partner search is to bring people together who want to dance together. For this, the dancer creates his own user profile on Lets-Dance with his personal information, preferred dances, and current dance level. Using the mentioned search criteria, the dancer can now be found by other users in the dance partner search and also gains access to the Lets-Dance database to search for suitable dance partners.

3.3.2

Lets-Dance explicitly does not owe its users a successful dance partner mediation. LassTanzen is simply an internet portal that provides its users with the opportunity to get in touch with each other and provides the technical infrastructure for it. For the successful dance partner mediation, only the participating users are responsible.

3.4

Lets-Dance offers both free and paid services. For the use of the free services of Lets-Dance, the user only needs to conclude a Basic membership (see point 4.). However, to use paid services, the user needs a Premium subscription (see point 4). The user is explicitly informed on the website in the member area about the cost of the Premium subscription and the scope of services included (see point 4). The user can decide freely at any time whether he wants to use the paid Premium membership or not.

3.5

Lets-Dance reserves the right to revise and change the graphical design and functionality of Lets-Dance at regular intervals. In the event of a change that is not insignificant for the user, especially a change that makes the provision of services to the user impossible, unusable, or unreasonable, the user has an extraordinary right to terminate the contract without notice.

4.

Conclusion of Contract: Registration for Lets-Dance

4.1

The prerequisite for the use of Lets-Dance by dance schools and dancers is the registration and creation of a user account.

4.2

Registration, creating a user account, and posting dance courses are free of charge for dance schools. In the case of booking a dance course by a dancer, dance schools are required to pay a commission to Lets-Dance. The details are regulated in clause 9 of these terms and conditions.

4.3

Dance schools have the option to list dance courses offered by them and publish them on Lets-Dance through the "Publish Dance Course" button on Lets-Dance.

4.4

By registering on Lets-Dance the dancer has the opportunity to create his or her own user profile or user account and automatically receives the Lets-Dance Basic membership. The basic membership of Lets-Dance is free of charge for users. By completing the premium membership the user has access to additional services which are listed in the members area of ​​Lets-Dance under (Premium Offers).

4.5

The offer from Lets-Dance to establish a usage agreement on Lets-Dance is non-binding.

4.6

For registration, the user must enter their email address and a password of their choice.

4.7

By pressing the "Register with Email Address" button, the user makes a binding offer for free registration for a user account on Lets-Dance.

4.8

Before pressing the "Register with Email Address" button, the user can correct their data at any time or cancel the registration process by closing their browser window.

4.9

Lets-Dance sends the user a confirmation email to the email address provided by the user during registration. The contract is concluded upon confirmation of the email address by clicking on the link contained therein.

4.10

After successful registration, the user can create a user profile through the input fields in the backend of Lets-Dance by entering the desired data.

4.11

By releasing the data by pressing the "Publish Profile" button, the profile created by the user is published on Lets-Dance.

4.12

The user account on Lets-Dance is not transferable.

4.13

With the completed Basic membership, dancers have the opportunity to use certain services on Lets-Dance, such as booking dance courses or finding dance partners. However, dancers with Basic membership do not yet have access to all services offered on Lets-Dance. In particular, contacting other dancers and dance schools without obtaining a Premium membership is only possible to a limited extent. With the conclusion of the Premium membership, the user gains access to all paid services of Lets-Dance. The exact services are listed in the member area of Lets-Dance under the following link ((Premium Offers)). The Premium membership can be closed for 1, 3, or 12 months and begins with the payment of the fees called up depending on the subscription, which are visible on the Lets-Dance website.

5.

Consumer Protection Regulations

Dance schools are obligated, on their own responsibility, to comply with the regulations of the Telemedia Act, information obligations, and any other consumer protection regulations when posting dance courses. Lets-Dance is only obligated to provide the technical means for this.

6

Availability

6.1

Lets-Dance provides Lets-Dance with an availability of 98% on a monthly average. Excluded from this are maintenance times and times when the server is not available due to technical or other problems that are not within the control of Lets-Dance (force majeure, network disruption outside our network, third-party fault, etc.).

6.2

The provisions of Section 11 of these terms of use are not affected by this.

7

User Materials

7.1

The user has the option to provide Lets-Dance materials, especially visual materials and texts, for his presentation on Lets-Dance (hereinafter referred to as "User Materials").

7.2

Lets-Dance is not obligated to review the user materials for the infringement of third-party rights unless there are obvious indications of such legal violations.

7.3

The user indemnifies Lets-Dance from all claims of third parties that they assert due to the violation of their rights through the contractual publication of user materials on Lets-Dance. The indemnification includes, in addition to damages, the reimbursement of reasonable costs for legal defense arising from the unlawful or improper use of user materials. The indemnification requires that a settlement or acknowledgment of third-party claims only occurs with the prior written consent of the user, and the user is given the opportunity to take over the legal defense.

8

Warranty

Statutory warranty rights apply. Lets-Dance's non-negligent liability for initial defects according to § 536a Abs. 1 1. Alt BGB is excluded.

9

Prices and Payment Terms

9.1

For the booking of dance courses through Lets-Dance, Lets-Dance charges dance schools a commission of 20% on the total amount of the mediated dance course.

9.2

If a dancer books a free trial course, the dance school must pay a one-time fee per participant of €18 per dance course.

9.3

The commission does not apply if the dancer makes use of a legally existing right of withdrawal towards the dance school; in this case, the dance school informs Lets-Dance immediately upon receipt of the withdrawal in text form.

9.4

Lets-Dance invoices the commission to the dance school monthly, specifying the dance course, the dancer, the booking number, and the invoice amount.

9.5

Unless otherwise specified, the commission is due for payment immediately after it arises.

9.6

The Lets-Dance Basic membership is always free for the user. The Lets-Dance Premium subscription can be purchased by any user for 1 month, 3 months, or 12 months. Payment of the Premium subscription fees is always at the beginning of the booked period and for the entire duration of the subscription. The following costs of the Lets-Dance Premium membership apply to the user: Premium membership for 1 month: €8.99 per monthPremium membership for 3 months: €22.47 (€7.49 per month)Premium membership for 12 months: €69,90 (€5.83 per month) 

9.7

The subscription to the Premium membership automatically renews for the booked period after the expiration of the booked period, provided the user has not terminated their subscription in due time (see Section 10. Termination, Blocking).

9.8

Lets-Dance is entitled to change the applicable subscription fees with a notice period of three months or more. In such a case, the Premium subscription does not automatically renew. The user must accept the adjustment in any case and confirm it to Lets-Dance. If the user does not accept such a price adjustment, the Premium membership automatically converts into a Basic membership after the end of the subscription period.

9.9

The payment of the Premium subscription fees can be made with a credit card, PayPal, and all other options described on the website of our payment service provider Digistore24.de. 

9.10

So that Lets-Dance can start the complete execution and fulfillment of the contract before the expiration of the withdrawal period when purchasing the Premium membership, the user loses his right of withdrawal when concluding a Premium subscription. The user must expressly agree to this on the website before purchasing the Premium membership so that the purchase of the Premium subscription can take place.

9.11

For all prices or price information provided by Lets-Dance, including cases where there is no explicit currency indication, Euro is always used.

9.12

All prices or price information are understood as net prices plus the statutory value-added tax. 

10.

Termination; Extension; Blocking

10.1

The contract for the use of the platform between Lets-Dance and the user is concluded for an indefinite period and begins with the user's registration on Lets-Dance.

10.2

Lets-Dance can terminate the user agreement without giving reasons with a notice period of 24 hours.

10.3

In the event of termination of the contractual relationship between Lets-Dance and the dance school, commission claims that have already arisen and those that are still arising up to the time of termination, as well as compensation claims for the booking of free trial courses, remain unaffected.

10.4

The right to extraordinary immediate termination of both parties remains unaffected by the foregoing.

10.5

Lets-Dance may block the user account of a dancer or dance school if there are specific indications that the user in question is violating legal regulations or the rights of third parties. Lets-Dance takes into account the legitimate interests of the user when determining the blocking period, especially whether the user is not at fault for the violation. Lets-Dance will send a written warning to the user before the temporary and/or permanent block and provide an opportunity for the user to respond.

10.6

Lets-Dance may block the user account of a dancer or dance school if the Lets-Dance Messenger is used abusively, for example, by sending spam or advertising messages to other users, or if other users are harassed, insulted, or discriminated against, or if personal data for contact is stored in the dance profile that bypasses the filtering by Lets-Dance.

10.7

Lets-Dance will send a written warning to the user before deleting the user account and consider the user's legitimate interests in the decision.

10.8

Blocking or termination by Lets-Dance has no effect on the validity of contracts already concluded on Lets-Dance

10.9

Users can terminate the Basic membership on Lets-Dance at any time with immediate effect by deleting the user account without stating reasons. The user can independently delete their user profile at any time in the member area of Lets-Dance.

10.10

Extension/Termination of the Lets-Dance Premium membership: The paid Premium subscription of Lets-Dance extends automatically at the end of each subscription period, as stated in point 9.7, for the booked period unless the user has terminated the paid Premium membership before the end of the current subscription period. The user can terminate the Premium subscription at any time in the member area of Lets-Dance without stating reasons. The termination becomes effective on the day following the last day of the current subscription period. The user then automatically receives the free Lets-Dance Basic membership and can continue to use the portal as a Basic member.

11

Liability

11.1

Lets-Dance is liable without limitation for damages resulting from the violation of life, body, or health. Furthermore, Lets-Dance is liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee, and in all other cases regulated by law.

11.2

If essential contractual obligations of Lets-Dance are affected, the liability of Lets-Dance for slight negligence is limited to the typically foreseeable damage. Essential contractual obligations are obligations that arise from the nature of the contract and the violation of which would endanger the achievement of the purpose of the contract, as well as obligations that the contract imposes on the operator to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the user can regularly rely.

11.3

In the event of a breach of insignificant contractual obligations, the liability of Lets-Dance is excluded for slight negligence.

12

12.1

German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country where the consumer has their habitual residence (principle of favorability).

12.2

The provisions of the UN Sales Convention expressly do not apply.

II.

Customer information for consumers

Provider identity:

K-KOMBINAT, Kevin Kis, Braustr. 21, 04107 Leipzig,Email: info@Lets-Dance.net. Alternative dispute resolution: The European Commission provides a platform for out-of-court online dispute resolution (OS platform), accessible at https://ec.europa.eu/odr.

Information on the conclusion of the contract

Information on the conclusion of the contract

Contract language, contract text storage

The contract language is German.

We do not store the complete contract text. Upon acceptance of the offer by us, the contract data, legally required information for distance contracts, and the general terms and conditions will be sent to you again by email.

Essential features of the service

The essential features of the service provided by Lets-Dance can be found in the performance description and additional information on our website.

Prices and payment modalities

Information on prices and payment modalities can be found under Clause 9 of the General Terms and Conditions (Part I).

Legal rights for defective products

Legal rights for defective products exist.

Contract term, termination

Information on the term of the contract and the conditions of termination can be found in Section 10 of the General Terms and Conditions (Part I).

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