T&C’s
Terms and Conditions
Date last updated: 1 Jan 2020
Thank you for joining us here on Struttin.ie
Struttin.ie (hereinafter also referred to as “Struttin”) is an interactive platform offering users affordable Live and Pre-recorded Dance and Fitness classes. With live in studio events and class to be added post lockdown.
These Terms & Conditions of Use in this document apply to all of the products, services and websites offered by Struttin but do not govern any external activities, events or entities promoted by Struttin. Please note that promotion on or collaboration with Struttin does not indicate any formal partnership, affiliation or relationship with Struttin.
PLEASE READ THE TERMS AND CONDITIONS VERY CAREFULLY BEFORE USING THE WEBSITE, TAKING ANY CLASSES OR AVAILING OF ANY OF OUR PROMOTIONS.
Acceptance of Terms
The following Terms and Conditions set forth legally binding terms for your use of the Struttin.ie website. By using Struttin, you agree to be bound by these Terms and Conditions, whether you are a:
- Visitor – which means that you simply browse the Website
- Member – which means that you have registered on the Website as a user
If you do not wish to accept these Terms and Conditions please cease use of the Struttin website, services and promotions immediately and discontinue any future use. We may modify the Terms and Conditions from time to time (which will be indicated by the “date last updated” section at the top of the page). Any and all modifications are effective upon posting here on Struttin.ie. You agree to be bound by any modification to the Struttin Terms and Conditions when you use the Website after such modifications are posted; it is therefore important that you review these Terms and Conditions regularly.
General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read these Terms and Conditions and indicate your acceptance during the registration process. In consideration of your use of Struttin, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Ireland or other applicable jurisdiction.
By registering to be a Struttin member you also agree to provide true, accurate and current information about yourself as prompted throughout the registration process. You also agree to provide true, accurate and current information about your health and ability to safely perform the dance and/or fitness activities you are undertaking and understand you are responsible for ensuring your environment is safe and suitable for the activities being undertaken.
Failure to comply may result in your services being suspended and Struttin reserves the right to suspend, cancel and void any subscriptions to be in break of these Terms and Conditions
Content on the Website is provided for personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Struttin’ Ireland. Struttin’ reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available: for your information and personal use; as intended through the normal functionality of the Struttin’ Service for Streaming. “Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Struttin.ie to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Struttin.ie videos for any purpose or in any manner other than Streaming is prohibited.
Member Account
To register as a Struttin.ie member, you are required to choose a password, username and email address. You are responsible for maintaining the confidentiality of your password and account information. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Struttin’ of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorisation from Struttin’. Struttin’ is not liable for any loss or damage arising from your failure to comply with this Agreement.
Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Struttin’ and/or content providers who provide content to Struttin’. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.
Non-commercial Use
The Service may not be used in connection with any commercial purposes, except as specifically approved by Struttin’. Unauthorised framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
Other Sites
Our Website may contain links and promotions to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Struttin’ holds no responsibility for examining or evaluating these third party links, and we do not warrant the products or offerings of any of these businesses or individuals, or the accuracy of the content of their website. Struttin’ does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such websites. The inclusion of a link in any of the Website does not imply Struttin’ endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.
Privacy Policy
Struttin’ Ireland respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Struttin’ privacy policy. A complete statement of the current privacy policy can be found in Struttin’ Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.
Infringement Policy
Struttin’ Ireland reserves the right to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Struttin’ Ireland or of a third party, or otherwise violated any intellectual property laws or regulations.
Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on Struttin.ie. Users may terminate your membership at any time, for any reason, by sending written confirmation of their request to cancel to the following email hello@struttin.ie
Upon cancellation of the membership the user agrees to forfeit the current membership package/offering they are currently subscribed to and understand that same offer may not be available should they subscribe to use the Struttin’ service in the future.
If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. Struttin’ reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Struttin’ believes that you have breached any of the terms of this Agreement.
Membership
Members of Struttin.ie may not share, give or sell their password or username to any other person or entity. Multiple persons are permitted to partake in classes Streaming from one single device. Excessive viewings or logins by any Member will be construed by Struttin’ as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund.
Upon subscribing for a Free Trial with Struttin’ we require you to provide valid credit or debit card details at the time you register for the free trial. Struttin will not bill your account until the 7 Day Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once.
Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Struttin’ will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. Membership must be canceled, in writing by email, prior to the renewal date in order to end membership charges. Special prepaid memberships are non refundable.
When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Struttin’ later increases the price of the subscription, Struttin’ will notify you.
Liability Waiver
By purchasing a Struttin’ membership and/or participating in any Struttin’ activities I am voluntarily agreeing to participate. I hereby agree to expressly assume and accept any and all risks of injury and/or physical harm. I understand that I am responsible for ensuring all said activities are performed in a safe manner. I take full responsibility for ensuring my environment and surroundings are safe and risk free whilst performing said activities and understand that Struttin’ are not liable for any injury, property damage or physical harm that may be incurred while performing said activities.
I acknowledge and represent that I am physically sound and I do not suffer from any illness, impairment, disease or other condition that would prevent me from participating in the class and/or performing any exercises.
I understand classes may be recorded for promotional purposes and that my participation in said recordings is optional. If I do not wish to be included in class recordings or promotional material it is my responsibility to contact Struttin’ in writing to the following email hello@struttin.ie prior to the class commencing.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, STRUTTIN’ IRELAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
STRUTTIN’ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY;
A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
C) ANY UNAUTHORIZED ACCESS TO OR USE OF STRUTTIN’ IRELAND SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
STRUTTIN’ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. STRUTTIN’ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation on Liability
IN NO EVENT SHALL STRUTTIN’ IRELAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY;
A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE,
C) ANY UNAUTHORIZED ACCESS TO OR USE OF STRUTTIN’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE,
E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR
F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
YOU SPECIFICALLY ACKNOWLEDGE THAT STRUTTIN’ IRELAND ARE NOT LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
NO COMMUNICATION OF ANY KIND BETWEEN YOU AND STRUTTIN’ IRELAND OR A REPRESENTATIVE OF STRUTTIN IRELAND SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
Indemnity
You agree to defend, indemnify and hold harmless STRUTTIN’ IRELAND, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from:
a) your use of and access to the Website;
b) your violation of any term of this Agreement;
c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or
d) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law and Venue
This Agreement shall be governed by the laws of the Republic of Ireland Any claim or dispute between you and Struttin’ Ireland that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Dublin, Ireland.
You agree that: (a) the Website shall be deemed solely based in Dublin, Ireland; and (b) the Struttin’ Ireland website shall be deemed a passive website that does not give rise to personal jurisdiction over Struttin’ Ireland, either specific or general, in jurisdictions other than the Republic of Ireland.
Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Inquiries and Contacts
If you have any inquiries, questions or comments regarding this Agreement or the Website, feel free to contact us by email hello@struttin.ie