QB LearningHUB

Terms and Conditions of Sale

1.    These Terms and Conditions of Sale (“Terms and Conditions”) apply to the purchase of Queensland Ballet Products (“Products”) by the customer (hereafter referred to as “the Customer,” “you” and “your”), as well as affiliates and third party vendors. 

2.    All information provided throughout the purchase process forms part of these Terms and Conditions. By placing an order, you are offering to purchase the Products at the price (plus any shipping and handling charges or other applicable charges) specified by Queensland Ballet, and on these Terms and Conditions, including any ongoing updates to these Terms and Conditions. 

3.    All information you submit must be true, complete and correct at the time of purchase.

4.    The cost of Products is due in full at the point of purchase. Once paid, this fee is final, non-refundable, non-transferable and non-extendable. No refunds will be given Unless at the discretion of Queensland Ballet representative.

5.    The prices for the Products are payable in Australian dollars and include GST. The Product prices exclude shipping and handling fees.

6.    Queensland Ballet reserves the right to vary or correct the Product prices or specifications at any time without prior notice. Queensland Ballet seeks to ensure that Product prices specified are accurate, however, errors do occur from time to time. Where a pricing error occurs, Queensland Ballet will not be bound by the incorrect pricing stated and reserves the right to cancel any purchase including incorrect pricing. 

7.    Queensland Ballet will not be responsible for any problems or technical malfunction of any network or lines, servers, providers, computer equipment, software, traffic congestion on the Internet, etc. that is required for the use or purchase of Product/s. This includes, but is not limited to, any injury or damage to individuals or any other person's computer related to or resulting from purchasing and/or downloading any Products or associated materials.  

8.    To the full extent permitted by law, Queensland Ballet excludes all representations, warranties, terms, statutory guarantees, conditions and undertakings in respect of the Products. 

9.    Where the Products are covered by statutory guarantees that cannot be excluded under Australian Consumer Law, or other conditions, warranties or representations that are implied by law and which cannot be lawfully excluded, Queensland Ballet’s liability in relation to such is limited to the resupply of Products or equivalent goods, the repair of the Products or the payment to you of the cost of having the Products repaired or supplied again. This does not exclude or restrict any rights or remedies that you may have in relation to a “major failure”, as that term is defined in the Competition and Consumer Act 2010 (Cth). To be clear, this does not apply to any fault or failure of the Products if it has been caused by accidental or deliberate damage, neglect or misuse, whether by you or another person. 

10.    Queensland Ballet’s rights and remedies set forth herein shall be in addition to any legal or equitable right or remedy available to Queensland Ballet. Queensland Ballet’s failure to insist on the performance by the Customer of any term or failure to exercise any right or remedy, or Queensland Ballet’s waiver of any breach or default hereunder by the Customer shall not, thereafter, waive any other terms, conditions, rights, remedies, breaches or defaults, whether of the same or as similar type or not. No waiver of any of Queensland Ballet’s rights or remedies shall be effective without Queensland Ballet’s express written consent.

11.    All intellectual property and copyright subsisting in or relating to  any purchased Products, or any adaptations of or improvements made to the Products, are and will remain owned solely by Queensland Ballet. 

12.    You may not make or distribute copies of the Products, or use, copy, modify, adapt, translate or transfer the Products, in whole or in part, or create derivative works based on the Products, without the prior written consent of Queensland Ballet. 

13.    Queensland Ballet accepts no responsibility for misinterpretation or suitability of Product information. If you are dissatisfied by your purchase, please contact Queensland Ballet as soon as possible. 

14.    To the full extent permitted by law, Queensland Ballet reserves the right to reject or cancel any purchases for any reason at any time, including but not limited to where the Product is unavailable, any error in the purchase or where the purchase is believed to be fraudulent.

15.    Promotions are only available for a limited time only, for as long as it is advertised by Queensland Ballet. Queensland Ballet has the right to cancel or change any promotion at any time without notice and in its sole discretion.

16.    The Customer agrees to indemnify Queensland Ballet, its affiliates and representatives against any injuries or damages to persons or loss or wrongful death or loss or theft of property, when using a purchased Product. Queensland Ballet will not be liable for any incidental, special, punitive or consequential damages arising out of or in connection with the purchase of any Products. The safe use of purchased education resources, content and associated materials is the responsibility of the Customer.  

This section pertains to Queensland Ballet licensed Teacher Training products:

The License

By agreeing to the Terms of Use, the Licensee confirms and acknowledges:

1.1    that you are in compliance with all applicable Health and Safety legislation, codes of practice and Child Safety policies.

1.2    That you will adopt safe working and dance practices at all times in accordance with industry guidelines (Safe Dance Practice)

Course Completion and Assessment

1.3    100% of the course content including contributions to selected discussion posts and assessment items must be completed for certification to be awarded.

1.4    This course is competency-based, which means there is no pass or fail. You may repeat your assessment tasks until you are deemed competent up to the 30-day period the course is open.

1.5    If your assessment is deemed not competent, we will provide feedback and suggest areas for revision to aid you in preparing for your reassessment. Re-assessments must be completed within the 30-day course period to ensure your certification.

2.    Authority of Licensee

2.1     As a Licensee you do not have any authority to act as a Queensland Ballet agent or on our behalf unless we expressly authorise you to do so in writing. 

2.2     In particular you have no authority to enter contracts, make representations or incur liabilities on behalf of Queensland Ballet

2.3     This License does not create any relationship of employment, partnership or joint venture between QB and Licensee. 

3.    Marketing and Media

3.1    The Licensee acknowledges that publicity and media access concerning the activities of Queensland Ballet is controlled by Queensland Ballet.

3.2    The Licensee will not directly or indirectly give any statement or information or take part in any publicity or media activities concerning Queensland Ballet except with the prior permission of Queensland Ballet Head of Community Engagement. The grant or refusal of such permission shall be in the absolute discretion of Queensland Ballet Head of Community Engagement.

3.4    Licensees grant Queensland Ballet the right to use personal information including still and video footage for promotion, education, research, and other Company business operations deemed reasonable by Queensland Ballet for commercial and non-commercial purposes. Project Consent Forms may be issues to Licensees if Queensland Ballet wishes to expand the use of personal information beyond reasonable Company business operations.

4.    Termination and Expiry

4.1    This License may be terminated by Queensland Ballet at any time at our sole discretion, if you:  

4.2  engage in any act or omission constituting serious misconduct in respect to program delivery,

4.3    commit a serious or persistent breach or non-observance of any of the provisions of this agreement;

4.4    engage in conduct that adversely affects, or could adversely affect, Queensland Ballet, either directly or indirectly;

4.5    engage in any conduct which is likely to injure the reputation or standing of Queensland Ballet; or

4.6    refuse or neglect to comply with any lawful and reasonable order given to you by Queensland Ballet or any other person duly authorised by the Queensland Ballet

The Licensee agrees that on and after the termination of this License:

4.7    you must not represent yourself as being associated with Queensland Ballet or licensed program; 

4.8    you must not use or register any business Name, trademark (whether registered or not) or domain address associated with, used or registered by Queensland Ballet or the subject of any application for registration; or confusingly similar to a business Name, trademark or domain address referred to in this paragraph;

4.9    you must not make any adverse comment, publicly or otherwise, about Queensland Ballet; and

5.0    you must provide any assistance to Queensland Ballet reasonably required by Queensland Ballet in relation to any threatened or actual proceedings before a court or tribunal.