Ready Set Dance Website & App Terms of Use


Ready Set Dance products and services are owned and operated by Boom Gate Enterprises Pty Ltd. (“RSD”).

General use of the RSD website located at www.readyset.dance (“the Website”) and the Ready Set Dance App (“the App”) is governed by these Terms of Use.

By accessing and/or using the Website or the App, you agree to these Terms of Use, which include our Privacy Policy (“Terms”). You should review our Privacy Policy and these Terms carefully and immediately cease using the Website, the App and our services if you do not agree to these Terms. These Terms of Use form an agreement between each User and RSD (the “Agreement”).

In these Terms, ‘RSD’, 'us', 'we' and 'our' means Boom Gate Enterprises Pty Ltd and our related bodies corporate. “User” or “you” means an individual or other entity which creates an account with RSD via the Website.

These Terms may be amended by RSD from time to time. RSD will use reasonable efforts to ensure that any changes to these Terms are made available to Users not less than 30 days prior to taking effect. A User’s continued use of the Website or App following the date such amended terms take effect will be deemed to be acceptance of any amended Terms. If you do not agree to these Terms, or to any update to these Terms, your sole recourse is to cease using the Website or App in accordance with this Agreement

1. Registration

  • 1.1Users must register to access the Website and the App. When a User registers and activates its account, it will provide RSD with personal information such as the User’s name and email address, telephone number, and other information requested by RSD. Users must ensure that this information is accurate and current. RSD will handle all personal information RSD collects in accordance with our Privacy Policy.
  • 1.2 When a User registers and activates its account, we will provide the User with a username and password. Users are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. Users must immediately notify RSD of any unauthorised use of a username or password or any other breach of security
  • 1.3 To create an account, the User must:
    • (a) be at least 18 years of age;
    • (b) possess the legal right and ability to enter into a legally binding agreement with us;
    • (c) agree and warrant to use the Website and App in accordance with these Terms; and
    • (d) not be an employee, contractor, director, shareholder or otherwise involved in the business of a competitor of RSD, as reasonably determined by RSD from time to time.
  • 1.4 A User will not be eligible to register an account or to access the Website, the App or any RSD Content if that User is based in Australia or New Zealand.

2. Grant of Right to Use

  • 2.1The Packages offered by RSD and the contents, prices, billing terms and other information relevant to each Package are set out on the Website, from time to time. Before activating an account you will be asked to nominate the Package to which you wish to subscribe. When you elect to subscribe to a Package, the contents, prices, billing terms and other information relevant to that Package will form part of these Terms. In addition to any other terms on the Website that apply to a particular Package, the following terms will apply to the relevant Package:
    • (a)the Premium Annual Upfront Package may be canceled at any time during the specified free trial period by contacting RSD customer care. If the Package is not canceled during the specified free trial period, the then current upfront annual payment specified on the website will be charged to your account, will be payable by you and you will then be a subscriber under the terms of that Package for the relevant year. You may provide notice to cancel that Package at any time during that year, but that notice will not be effective until the conclusion of that relevant year. If you do not give notice to terminate the Package in any year then, at the end of that year, the Package will be extended for a further year and the then current upfront annual payment specified on the website will be charged to your account, and be payable by you;
    • (b)the Premium Monthly Package may be canceled at any time during the specified free trial period by contacting RSD customer care. If the Package is not canceled during the specified free trial period, the then current monthly premium payment specified on the website will be charged to your account, and will be payable by you, every month, and you will then be a subscriber under the terms of that Package for the relevant year. You may provide notice to cancel that Package at any time during that year, but that notice will not be effective until the conclusion of that relevant year. If you do not give notice to terminate the Package in any year then, at the end of that year, the Package will be extended for a further year and the then current monthly premium payment specified on the website will be charged to your account, and by payable by you, every month;
    • (c)the Starter Annual Upfront Package may be canceled at any time during the specified free trial period by contacting RSD customer care. If the Package is not canceled during the specified free trial period, the then current upfront annual payment specified on the website will be charged to your account, will be payable by you, and you will then be a subscriber under the terms of that Package for the relevant year. You may provide notice to cancel that Package at any time during that year, but that notice will not be effective until the conclusion of that relevant year. If you do not give notice to terminate the Package in any year then, at the end of that year, the Package will be extended for a further year and the then current upfront annual payment specified on the website will be charged to your account, and be payable by you,
    • (d)the Starter Monthly Package may be canceled at any time during the specified free trial period by contacting RSD customer care. If the Package is not canceled during the specified free trial period, the then current starter monthly payment specified on the website will be charged to your account, will be payable by you, and you will then be a subscriber under the terms of that Package for the relevant year. You may provide notice to cancel that Package at any time during that year, but that notice will not be effective until the conclusion of that relevant year. If you do not give notice to terminate the Package in any year then, at the end of that year, the Package will be extended for a further year and the then current monthly payment specified on the website will be charged to your account, and by payable by you, every month;

    and in the case of each Package, RSD will process your payment data in a manner that is encrypted and secure.

  • 2.2Subject to selection of a Package, compliance with these Terms and to payment of any applicable Subscription Fees, RSD grants the User the personal, non-exclusive, non-transferable, non-sub-licenseable right to access and use the Website, the App and the relevant RSD Content applicable to the relevant Package, available via the App for the duration of the Term. The only exceptions to the restrictions which apply to the right to use Website, the App and the RSD Content are those specifically set out in these Terms. The User must not allow any other person to access or use the Website, the App or any RSD Content, unless specifically set out in these Terms.
  • 2.3Users must not, in using the Website, the App or any RSD Content:
    • (a) attempt to undermine the security or integrity of RSD’s systems or networks or, where a service is hosted or provided by a third party, that third party’s system or network;
    • (b) make any use of the Website, the App or any RSD Content which is unlawful, offensive, indecent, objectionable, harassing, obscene, pornographic, threatening, abusive, defamatory, libellous, fraudulent, tortious, or invasive of another’s privacy or constitutes a breach of any other of the legal rights of individuals (including with respect of the Spam Act);
    • (c) use, or misuse, the Website, the App or any RSD Content in any way which may impair the functionality of the Website, the App or any RSD Content or any other network or system used to deliver the Website, the App or any RSD Content;
    • (d) attempt to gain unauthorised access to any materials other than those to which the User has been given express permission to access; or
    • (e)(e) attempt to modify, copy, adapt, reproduce, disassemble, decompile, create derivative works from, or reverse engineer any computer programs used to deliver Website, the App or any RSD Content, or any other element of the RSD system.
  • 2.4The User agrees that no provision in this Agreement grants the User any exclusivity in relation to the RSD Content and nothing restricts or prevents RSD from marketing or selling RSD’s products and / or services directly to the customers or competitors of the User.

3. User Obligations

  • 3.1Where Users subscribe to receive RSD Content the User’s credit card or PayPal or similar account (as provided to RSD) will be debited the amount of the relevant payment on the agreed recurring basis and the User expressly agrees to RSD debiting the User’s credit card or PayPal or similar account in this manner.
  • 3.2If the App or the Website feature or add communication functionality, Users must only use communication functionality of the App or the Website to communicate with RSD for RSD Content-related issues, and must not use the App or the Website for any private, non-professional communications unrelated to the RSD Content.
  • 3.3The licence issued to the User for use of the Website, the App and the RSD Content is personal to the User and may not be used by any person or entity other than the User. If the User runs a dance or similar studio, the Website, the App and the RSD Content may be used by any qualified teacher working at the studio, but only while teaching and only at that studio. If the User is a dance teacher, the Website, the App and the RSD Content may be used by that User at any location where that User is teaching., while the User is teaching
  • 3.4The User acknowledges that any employees or contractors of the User are its own responsibility and that RSD can in no way be held liable in relation to any matter relating to the User’s employees or contractors. The User fully indemnifies RSD from any claim, cost, fine, penalty or other charge imposed on RSD which arises as a result of any matter relating to any employees or contractors of the User.
  • 3.5The User must ensure that any location at which the User uses any RSD Content, to conduct classes or otherwise:
    • (a)is at all times maintained in a clean, safe (including any props or other materials used by the User) and orderly condition and a good and substantial state of repair; and
    • (b)complies with all local authority regulations and health standards and the User must immediately rectify any breaches of any such health standards as are prescribed from time to time.
  • 3.6The User will not take any action which is intended, or would reasonably be expected, to materially harm the RSD Group, their respective businesses, offerings, directors or employees, harm the reputation of the foregoing, or would reasonably be expected to lead to unwarranted or unfavourable publicity to any of the foregoing, or otherwise disparage the RSD Group. This obligation will bind the User during the Term and for three years after the end of the Term.

4. Support

  • 4.1In the case of technical or other availability issues with the Website or App you must make all reasonable efforts to investigate and diagnose such issues prior to contacting RSD. If you require additional support, you can contact RSD at [email protected]
  • 4.2RSD may, on occasion, make the Website or App or other elements of the RSD system unavailable for the purposes of performing maintenance or development. RSD will use reasonable endeavours to publish details of such maintenance or development on the Website or App, and will use reasonable endeavours to ensure that such maintenance or development is conducted during time periods that minimise disruption of the RSD service to Users. All users acknowledge that RSD may be required to perform urgent maintenance or development at any time and under such circumstances RSD may make the Website or App or any other element of the RSD system unavailable without notice for the purposes of performing such urgent maintenance or development. In these circumstances, the User will not be entitled to a refund, rebate or reduction in any Subscription Fees or other payments.

5. Term and Termination

  • 5.1The Term commences upon a User electing to register for a subscription to receive RSD Content and concludes on the date of termination as set out in this Clause 5.
  • 5.2A User may terminate this Agreement at any time by doing so in the manner provided for on the Website or on the App. In such case, the Term will end at the end of the then-current subscription billing period, whether such period is monthly, yearly or some other period. In these circumstances, the User will not be entitled to a refund, rebate or reduction in any Subscription Fees or other payments already paid. If A User does not terminate this Agreement in the manner specified, in then-current subscription billing period, the Term will extend for an additional subscription billing period, whether such period is monthly, yearly or some other period, as the case may be.
  • 5.3RSD may terminate this Agreement at any time, for any reason, immediately on notice to a User. Where this Agreement is terminated without breach by the User, RSD will use reasonable efforts to provide the User with not less than 30 days notice of such termination.
  • 5.4Without limiting its rights under Clause 5.3, if a User:
    • (a)breaches any term of this Agreement that is not capable of remedy (including by being ineligible to be a User);
    • (b)breaches any term of this Agreement that is capable of remedy and does not remedy that breach within seven days of receiving notice of the breach from RSD; or
    • (c)commits any act or is subject to any circumstance that may bring RSD, the User or any other user, into disrepute or otherwise negatively affect the reputation of RSD, the User or any other user,

      then RSD may, in its discretion, do any one or more of the following:
    • (d)immediately terminate this Agreement and the User’s access to the Website, the App and/or the RSD Content;
    • (e)suspend the User’s use of the Website, the App and/or the RSD Content for a period determined by RSD; or
    • (f)suspend or terminate the User’s access to any data or other information held by RSD for a period determined by RSD.
  • 5.5Termination of this Agreement is without prejudice to any rights or obligations of the parties accrued up to and including the date of termination. On termination of this Agreement Users remain liable for all accrued charges and amounts payable as of the date of termination, and until the end of the then current subscription billing period. Where RSD terminates this Agreement, the User’s right to access and use the Website, the App, the RSD Content and any other materials provided by RSD (including, without limitation, marketing materials, user guides, artwork and logos) ceases immediately. Where the User terminates this Agreement, the User’s right to access and use the Website, the App, the RSD Content and any other materials provided by RSD (including, without limitation, marketing materials, user guides, artwork and logos) ceases at the end of the then current subscription billing period.

6. Intellectual Property Rights

  • 6.1Unless otherwise indicated, RSD owns or licenses from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in the Website, the App, the RSD Content, the Trade Marks, the other elements of the RSD system, and in all of the material (including all text, graphics, and logos) made available on the Website and the App. (“Materials”).
  • 6.2Users’ use of Website or the App and use of and access to any Materials does not grant or transfer any rights, title or interest to Users in relation to the Website, the App or the Materials. However, RSD grants the User the right to access the Website, the App and use the RSD Content on the terms and conditions set out in this Agreement or as otherwise communicated by RSD to the User from time to time. The User acknowledges that it will accrue no goodwill in the Name by entry into or performance of this Agreement
  • 6.3Any reproduction or redistribution of the Website, the App or the Materials is prohibited and may result in civil and criminal penalties. If the Term of this Agreement is terminated or suspended, the User must immediately cease using any Materials. All other use, copying, reproduction, or reverse engineering of the Website, the App or the Materials or any part of it is prohibited.
  • 6.4The User may only use the Name to promote the availability of the RSD Content as part of classes conducted by the User during the Term and otherwise as RSD stipulates in writing from time to time. The User may not incorporate the Name into any studio or business name, may not use the Name in any modified form or in relation to any other products or services other than those offered by RSD.
  • 6.5The User must not:
    • (a)seek to register any name, word or words as a trade mark or as a business or company name which is the same as, or similar to, the Name or any logo of RSD;
    • (b)seek to register any domain name or social media account name which includes the Name;
    • (c)use the Name or any logo owned by RSD on any apparel, merchandise or similar products;
    • (d)use the Name in any class name not offered by RSD;
    • (e)use more than 15 seconds of any song forming part of the RSD Content in social media post, without the prior consent of RSD, unless a song has been designated by RSD in writing as a public performance song to which such restrictions do not apply; or
    • (f)post any RSD Content to YouTube.
  • 6.6If RSD concludes an arrangement with one or more media partners that gives the User access to media partner intellectual property, all of the restrictions set out in this Clause will apply equally to the intellectual property of any RSD media partner.

7. Liability & Indemnity

  • 7.1RSD classes or programming may not be safe or appropriate for all participants and teachers. Any information RSD provides to the User about the RSD Packages or classes, marketing or promotion of RSD programs, instructor recruiting or retention, or regarding early childhood development is intended solely as a general educational aid and is not a substitute for educational, developmental or medical advice. User is encouraged to, and to have any of its teachers to, seek medical advice before providing these offerings. The User is solely responsible for ensuring that all participants may safely participate in RSD classes or programming prior to offering the same.
  • 7.2To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall RSD be liable for any direct or indirect loss, damage or expense, loss of profits, loss of revenue, loss of data, loss of or damage to reputation, loss of or damage to goodwill, loss of business opportunities (including opportunities to enter into or complete arrangements with third parties), loss of management time, damage to credit rating, loss of business, or any other loss not arising naturally from the relevant breach – irrespective of the manner in which it occurs – which may be suffered due to a User’s use of the Website, the App or any RSD Content or as a result of the inaccessibility of the Website, the App or the RSD Content and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.
  • 7.3Other than as set out below, to the extent that RSD has any liability to a User, RSD’s total aggregate liability to that User in connection with any breach of this Agreement by RSD will be limited to the total amount paid to RSD by the User under this Agreement.
  • 7.4To the extent that RSD is in breach of any statutory warranty or guarantee that cannot be excluded by law the sole remedy of the User will be (at RSD’s sole discretion):
    • (a)the resupply of the relevant Website or App services or RSD Content to the User; or
    • (b)the payment of the cost of having the relevant Website or App services or RSD Content supplied to the User again.
  • 7.5If a User is not satisfied with the Website, the App or the RSD Content, the User’s sole remedy is to cease using the Website, the App or the RSD Content and to terminate this Agreement in accordance with its terms.
  • 7.6The User indemnifies RSD, the RSD Group and their respective agents, directors, employees and contractors from all liabilities arising during or after the Term from:
    • (a)any claims, costs, damage, loss, liability or expense caused by the failure of the User to fully, observe and perform any of its obligations, contained in this Agreement;
    • (b)any loss, damage or injury to property or person caused or contributed to by the conduct or neglect of the User in the conduct of the User’s classes or studio or the User’s agents, employees, contractors or directors; or
    • (c)the User failing to comply with any legislation,

8. General

  • 8.1In these Terms

    “Name” means the name “Ready Set Dance”, any derivative of “Ready Set Dance”, any name deceptively similar to “Ready Set Dance”, each other “Ready Set” name and any other name used by RSD in relation to the RSD Content from time to time;

    “Package” means a class or combination of classes, using RSD Content, offered by RSD to Users;

    “Related Entity” has the same meaning as in the Corporations Act, 2001 (Australia); RSD Content means

    “RSD Content” means the musical compositions, videos, choreography, marketing, materials and other materials made available by RSD to Users to assist Users to conduct dance and other classes;

    “RSD Group” means RSD and all Related Entities of RSD including Boom Gate Holdings Pty Ltd ACN 625 771 851, Boom Gate IP Pty Ltd ACN 625 814 637 and/or any other wholly-owned subsidiary of Boom Gate Holdings Pty Ltd from time to time;

    “Subscription Fee” means the fees charged by RSD from time to time for each of its Packages, and which may be changed by RSD, from time to time;

    “Term” means the term of this Agreement, as set out in this Agreement; and

    “Trade Marks” means the trade marks, including TWIRL and FREEZE, owned by RSD and / or the RSD Group whether registered or not.
  • 8.2These Terms, together with the Privacy Policy, and the terms of any other notices or instructions given to Users under these Terms supersede all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between the User and RSD relating to the use of the Website, the App and the RSD Content and the other matters dealt with in these Terms.
  • 8.3A User may not assign or transfer any rights under this Agreement to any third party without RSD’s prior written consent.
  • 8.4If any part of provision of these Terms of Use is invalid, unenforceable, or in conflict with any law, that part or provision is excised from this Agreement and the remainder of the Agreement will be unaffected.
  • 8.5The parties enter this Agreement as independent contractors and not as employer and employee, principal and agent, partners or joint venturers, or in any other capacity.
  • 8.6Your use of the RSD App and these Terms is governed by the law of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts exercising jurisdiction in New South Wales, Australia.

Last Updated: 13 July, 2022

Privacy Policy | Terms of Use