Terms and Conditions
Introduction
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of or is linked to malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
Dance Bookings, Cancellations and Gift Certificates
9.1 Booking and payment
Please check the service, dates, times, location, participant details and total price before completing your booking.
Prices include any applicable VAT. Any deposit or additional charge will be clearly identified before payment. A deposit forms part of the total price and is not an additional fee.
Your booking is confirmed when we send your booking confirmation. Please contact us promptly if any details are incorrect.
9.2 Group Courses and Scheduled Classes
Dated bookings
Group courses and classes booked for specified dates or periods are leisure activities for which the statutory 14-day cooling-off period does not apply.
Cancellation before the course starts
If you cancel before the first class begins, we will provide credit equal to the course fee paid towards a future Viva group course, rather than a monetary refund, unless a refund is required by law.
Please email info@vivaschoolofdance.com with the participant’s name and booking details. Cancellation takes effect when we receive your email.
Cancellation credit
Course cancellation credit is valid for 12 months from issue. A new booking must be made before the credit expires, although the course may start later.
Bookings are subject to availability and the relevant age and level requirements. Any price difference is payable when booking. Any unused credit retains its original expiry date.
Cancellation credit cannot be exchanged for money, except where required by law. Cancelling a booking made using credit does not restart its validity period.
Where payment was made using a gift certificate, the eligible amount will instead be restored to that certificate, retaining its original expiry date.
After the course starts and missed classes
Your course fee reserves a place for the full course. Classes missed for personal reasons do not qualify for an individual refund, credit or replacement class.
Withdrawal after the course begins does not automatically qualify for a refund or credit for the remaining classes. Please contact us if exceptional circumstances prevent you from continuing. We will consider the circumstances, our reasonable losses, any costs saved and whether the place can be filled when deciding whether an adjustment is appropriate.
This does not restrict any statutory right to a refund or other remedy.
Transfers
Requests to change course, level or participant are subject to availability and suitability and must be confirmed by Viva.
9.3 Individual, Private and Wedding Dance Lessons
Purchases without agreed lesson dates
If you purchase an undated lesson or package online, by email or by telephone, you may cancel within 14 days after the purchase contract is concluded, without giving a reason.
Where no lessons have been supplied, we will refund the full amount paid. We will not deduct a €30 booking fee from a statutory cooling-off refund.
If you expressly request lessons to begin during the cooling-off period, we will explain any effect on your cancellation rights before starting. Where legally permitted, a proportionate charge may apply for lessons already supplied before cancellation.
Lessons booked for specified dates
Private and wedding dance lessons booked for specified dates and times are dated leisure activities for which the statutory 14-day cooling-off period does not apply. The following cancellation arrangements apply, subject to your statutory rights.
At least 24 hours’ notice
You may cancel or request to reschedule a lesson by giving at least 24 hours’ notice before its scheduled start.
The lesson payment will remain available towards a replacement lesson, subject to availability and any package validity period disclosed when purchased. A monetary refund may be agreed where appropriate or provided where required by law.
Less than 24 hours’ notice or non-attendance
A late-cancellation charge of up to the booked lesson price may apply. The charge will reflect our reasonable loss, taking account of costs saved and whether the appointment is filled by another customer.
Any amount retained will be treated as a cancellation charge, not as a lesson that was delivered.
How to notify us
Please contact us by email at info@vivaschoolofdance.com, by telephone on +353 87 348 7377, or by SMS or WhatsApp to that number.
For written messages, notice is measured from receipt, not from when we reply. If a call is unanswered, please send a written message so your request is recorded.
9.4 Gift Certificates
Validity and use
Purchased gift certificates are valid for five years from the purchase date, unless a longer period is stated. The expiry date will be provided on the certificate or in the accompanying email.
Gift certificates may be used towards the eligible Viva services described at purchase, subject to availability. You may use more than one certificate for a booking.
You do not have to spend the entire value at once. Any remaining balance will stay available as voucher credit with the original expiry date. Any price difference is payable when booking.
Cancellation of a remotely purchased certificate
If you purchase an undated gift certificate online, by email or by telephone, you may cancel the purchase within 14 days after the purchase contract is concluded, without giving a reason.
To cancel, send a clear statement to info@vivaschoolofdance.com or write to Viva School of Dance, 21 Esmond Avenue, Fairview, Dublin, D03 P923. You may use the cancellation form below, but this is not compulsory.
Notify us before the cancellation period expires. Please include the purchaser’s name and the order or certificate number, if available.
For a valid cancellation of an unused certificate, we will reimburse the full amount paid within 14 days of receiving the cancellation notice, using the original payment method unless another method is expressly agreed, without a refund fee. The certificate will then be cancelled.
If the certificate has already been used for a booking, please include those details so we can determine the applicable cancellation rights. Nothing in these terms removes a statutory right.
Outside an applicable cancellation right, gift certificates are not exchangeable for money unless required by law.
Cancelling a booking paid for by certificate
Once a certificate is used to book a course or lesson, the relevant booking cancellation terms above apply, without limiting any statutory rights relating to the original purchase.
Where cancellation credit is due, it will be restored to the certificate with its original expiry date. A lawful late-cancellation charge may be deducted from its balance.
Cancellations or Significant Changes by Viva
If Viva cancels an entire course or lesson before it begins, you may choose a refund of the amount paid for that service or an agreed alternative.
If we cancel an individual class within a course, you may choose an agreed replacement class or a proportionate refund.
If we make a significant change to your booked dates, times or location that you cannot accept, you may cancel the affected remaining booking and receive a refund for the unused portion.
Where payment was made by gift certificate, reimbursement will normally restore that value to the certificate, unless another remedy is required by law.
Please contact us promptly if a service is not supplied as agreed. Nothing in this policy limits your statutory rights to a remedy.
Model Cancellation Form
Use this model only if you wish to exercise an applicable statutory cancellation right. You are not required to use this form. You may instead send us a clear cancellation statement by email.
Viva School of Dance
21 Esmond Avenue
Fairview, Dublin, D03 P923
Ireland
Email: info@vivaschoolofdance.com
To: Viva School of Dance
I/We hereby give notice that I/We cancel my/our contract for the following goods or services:
Please include your name, order or gift certificate number if available, and details of the goods or services you wish to cancel. Cancellation takes effect when Viva receives your notice.
Online Shop – Physical Goods
10.1 Online Purchases and Right to Cancel
Where you purchase physical goods online, by telephone, or through another distance contract, you will generally have the statutory right to cancel the contract without giving a reason within 14 days of receiving the goods, subject to applicable legal exceptions.
Where an order contains multiple goods delivered separately, the cancellation period will generally begin when you receive the last item, where applicable under consumer law.
To exercise your right to cancel, you must inform us before the cancellation period expires by sending a clear statement to info@vivaschoolofdance.com or by writing to Viva School of Dance, 21 Esmond Avenue, Fairview, Dublin, D03 P923, Ireland.
You may use the Model Cancellation Form contained in Section 9, but this is not compulsory.
After notifying us of cancellation, the goods must be returned within the period required by applicable consumer law.
Certain goods may be excluded from the statutory change-of-mind cancellation right where permitted by law, including personalised or made-to-order goods and sealed goods that are not suitable for return for health or hygiene reasons where the seal has been broken after delivery.
These exclusions do not remove your statutory rights where goods are faulty, damaged, incorrect, or not as described.
10.2 Viva 30-Day Returns Policy
In addition to any statutory cancellation rights, Viva School of Dance offers a voluntary returns period of up to 30 days from receipt for eligible physical goods purchased from our online shop.
This voluntary 30-day returns policy is additional to and does not replace your statutory rights.
Personalised, made-to-order or hygiene-sensitive products may be excluded from the voluntary change-of-mind returns policy where appropriate.
10.3 Returning Goods
Viva School of Dance
21 Esmond Avenue
Fairview
Dublin
D03 P923
Ireland
Please include your name, order number and proof of purchase or sufficient information to enable us to identify the transaction.
You may inspect and handle goods to the extent reasonably necessary to establish their nature, characteristics and functioning.
Where goods have been handled beyond what is reasonably necessary and this causes a reduction in value, we may make a deduction from a refund where permitted by law.
For change-of-mind returns, you are responsible for the direct cost of returning the goods where this responsibility was disclosed to you before purchase, unless we have agreed otherwise.
Where goods are faulty, damaged, incorrect or otherwise non-conforming, return costs will be handled in accordance with applicable consumer law.
10.4 Refunds
Where you validly exercise a statutory right to cancel an online purchase, we will reimburse the payments required by law.
This will include the cost of our standard delivery option where required by law.
We are not required to reimburse additional delivery costs resulting from your choice of a delivery method more expensive than the least expensive standard delivery method offered by us.
Refunds will normally be made using the same payment method used for the original transaction unless you expressly agree otherwise.
Where permitted by law, we may withhold reimbursement until we receive the goods back or you provide evidence that you have returned them, whichever occurs first.
10.5 Faulty, Damaged, Incorrect or Misdescribed Goods
Goods supplied by Viva School of Dance must conform to applicable consumer law.
If goods are faulty, damaged, incorrect, not as described, not fit for their normal or agreed purpose, or otherwise fail to conform to the contract, you may be entitled to statutory remedies.
Depending on the circumstances and applicable law, these remedies may include repair, replacement, price reduction or refund.
Please contact info@vivaschoolofdance.com and provide your name, order details, a description of the issue and, where helpful, photographs showing the problem.
Nothing in these Terms restricts any statutory remedy available to you.
10.6 Sale and Discounted Goods
Goods purchased at sale, promotional or discounted prices have the same statutory consumer rights as goods purchased at full price.
A reduced price does not remove your statutory rights where goods are faulty, damaged, incorrect or not as described.
Different conditions may apply to Viva's voluntary change-of-mind returns policy for certain promotional products, provided those conditions are communicated to you and do not restrict your statutory rights.
10.7 Exchanges
Eligible physical goods may be exchanged subject to our returns policy and product availability.
Where an exchange is offered and the replacement product has a higher price, the difference must be paid.
Where the replacement product has a lower price, any amount due will be dealt with in accordance with the applicable returns policy and your statutory rights.
Nothing in this section restricts statutory rights relating to faulty or non-conforming goods.
10.8 Gifts Purchased from the Online Shop
Where an item purchased from our online shop was identified as a gift, any voluntary exchange, credit or refund will be handled in accordance with our applicable returns policy and the original method of payment.
Where a statutory refund is due, we will process it in accordance with applicable consumer law.
If the purchaser and recipient are different people, we may require appropriate order information before discussing or processing the transaction.
Idea submission
If you submit ideas, suggestions, proposals, feedback or other material to us regarding our website, classes, services, products or business, you acknowledge that we are not under any obligation to treat such submissions as confidential unless we have expressly agreed otherwise in writing.
You retain ownership of any intellectual property rights that you already hold in material you submit. However, by voluntarily submitting feedback or suggestions to us, you give Viva School of Dance permission to use, consider and implement those ideas for the purpose of improving our services, products and business without an obligation to compensate you, unless otherwise agreed in writing.
You must not submit material that infringes the intellectual property, privacy or other rights of any third party.
Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors.
We expressly disclaim warranties to the extent permitted by applicable law. Nothing in these Terms limits or excludes liability or statutory consumer rights where doing so would be unlawful.
Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services. We may send you promotional and direct marketing material by email, phone call or SMS text message where you have provided your consent for us to contact you by those means.
For more information, please see our Privacy Policy and Cookie Policy.
Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Ireland.
Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action.
Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and Viva School Of Dance in relation to your use of this website.
Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Ireland. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Ireland. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
Contact information
Company No. 679541
CURKEEN, RATHOATH
MEATH, A85 VK26
IRELAND
Fairview, Dublin
D03 P923, Ireland