All The Doo Dah Day Take Away
Lynda@Home Video Series
Not very sparkly but very important legal stuff
The Lynda@Home Video Series Gold Plan (“Gold Plan”) is offered by Lynda Slavinskis trading as All The Doo Dah Day
ABN 26 399 323 932 (“We, Us, Our”) as an ongoing subscription, payable on a monthly basis. By purchasing a Gold Plan, the purchaser (“You, Your”) agree that the following terms and conditions apply to your purchase.
The Gold Plan and What it Costs
The Gold Plan costs $6.99 (GST exclusive) per month, with the first payment debited from your nominated account immediately upon purchase of the subscription, and subsequent payments being debited from your nominated account monthly thereafter via STRIPE.
2. What the Gold Plan Includes
Upon receipt of payment, an active subscription grants you membership to www.allthedoodahday.com.au, our website (“the website”). As a member of the website, you have exclusive access to:
a. the Lynda@Home Video Series Volume 1 (“Volume 1”), which includes 10 videos of songs from the All the Doo Dah Day Music and Movement Program, taught by our founder Lynda Slavinskis, Masters Qualified Early Childhood Teacher and experienced musician. Volume 1 is available immediately upon purchase. Videos are not downloadable and are accessible only through the website;
b. the Parent and Educator Guidance Notes which accompany Volume 1 and all subsequent volumes in digital format. The Guidance Notes outline the potential learning outcomes and opportunities for extension for each song in the relevant Volume;
c. subsequent Volumes of the Lynda@Home Video Series as they are released. Subsequent Volumes will be released within 14 days of the beginning of each Victorian gazetted school term, commencing Term 3, 2020. Each subsequent volume will contain the “The Doo Dah Song” and “Shalom” plus 8 new songs;
d. the Lynda Songs e-Guidebook upon release, which includes lyrics and dance steps/actions to the most popular songs across all Volumes of the Lynda@Home Video Series (included at our discretion). The Lynda Songs e-Guidebook is due for release in September 2020 or as otherwise communicated to you by us; and
e. any bonus videos released by us as part of the Lynda@Home Video Series for special occasions eg: Mother’s Day or Christmas. Bonus videos will be released at our sole discretion and no negotiations will be entered into, although requests will be taken into consideration.
3. Cancellation by You
You can cancel your subscription at any time after the minimum subscription period by giving us notice in writing via email to firstname.lastname@example.org or by submitting a contact us form on the website. Your cancellation will become effective the day after the next due subscription payment is made and no refunds will be given under any circumstances. Cancellation by you will cancel your membership to the website and you will no longer have access to any volumes of the Lynda@Home Video Series and accompanying Guidance Notes, bonus videos or Lynda Songs e-Guidebook.
4. Minimum Subscription Period
The minimum subscription period is 3 months from the date you make your purchase, with a minimum total subscription fee payable over that minimum subscription period of $20.97 (GST exclusive).
5. Cancellation by Us
We can cancel your subscription at any time by providing notice to you in writing if: payment is declined by your banking institution; if we are notified that you are in breach of the intellectual property clauses in these Terms and Conditions; or if for whatever reason, we are no longer able to continue to provide the Gold Plan. No refunds of any subscription payment will be given in the event of us cancelling your subscription.
6. Intellectual Property Rights
Intellectual Property Rights including copyright in any teaching methods, choreography or song arrangements, logos, business image or names produced or developed by us or our employees for the Lynda@Home Video Series, will remain our property. You may not under any circumstances reproduce or distribute any part of the Lynda@Home Video Series to any third party for commercial purposes.
7. Limitation of Liability
7.1 Except for those rights and remedies that you have in respect of the Gold Plan under the Competition and Consumer Act 2010, and any other similar Federal or State statute and which cannot be lawfully excluded, restricted or modified:
a. the Gold Plan and Lynda@Home Video Series are provided for use on an as is basis and all conditions and warranties, whether statutory or otherwise, are excluded; and
b. without limiting Clause 7.1(a), we promise that we will provide the Lynda@Home Video Series and the Gold Plan with reasonable care and skill. We make no express or implied representation that the Lynda@Home Video Series will help children achieve any specific learning outcomes. You and your child/children use the Lynda@Home Video Series at your own risk. Any representations made in the Guidance Notes which accompany the Lynda@Home Video Series supplied as part of the Gold Plan are provided as a guide only.
7.2 We will not be liable to you for any loss or damage caused as a result of reliance by you or any third party on the Gold Plan, the Lynda@Home Video Series or its results. If we are held to be liable to you under these Terms and Conditions, such liability is limited to the amount actually paid by you to us (and received by us).
7.3 We will not be liable for any delay in performing an obligation or providing a product, if such delay is caused by circumstances beyond our reasonable control and we will not be liable for and will have no responsibility in respect of the acts, omissions or defaults of our sub-contractors and third party suppliers. For example, we are not liable for any loss of internet connectivity or other such digital interference that prevents the Lynda@Home Video Series from being made available to you temporarily. Any temporary disruptions will be attended to by our website hosting and video hosting providers as soon as possible.
As at 17th April 2020, we are not registered for GST with the Australian Tax Office. In the event of our business becoming registered for GST, we reserve the right to increase our subscription price to include the GST provided we give you notice of such increase in writing via email at least 30 days prior to the increase being applied.
9. Subscription Price Increases
We reserve the right to review our subscription price at the beginning of each Financial Year. Any increases will be applied at our sole discretion. Current subscribers will be notified in writing via email of any price increases at least 30 days prior to the increase being applied.
10.1 You agree that we collect personal information from you for the purposes of providing you with the Gold Plan and its inclusions. You agree that we may retain and use your personal information for the following purposes:
a. analyzing, verifying and/or checking your payments
b. enabling the daily operation of the your account in relation to the provisions of the Gold Plan and access to the website;
c. subscribing you to our mailing list. You can unsubscribe from our mailing list at any time by sending us notice in writing via email or by submitting a Contact Us form on the website; and
d. communicating with you in relation to any aspect of your subscription, sending you updates about: any special offers, new products being released, new learning related blogs published on our website or invitations to events or online forums run by us that we think you might be interested in.
10.2 You agree that in the event of your providing us with a testimonial either via email, in person, via the Website or on our Facebook Page about your use of the Lynda@Home Video Series, we may, unless you specifically instruct us otherwise in writing, use such testimonial in our marketing and publicity materials including any accompanying photos or videos you have sent us.