Last updated June 3rd, 2023
Please read these Terms and Conditions carefully before using Our Service.
INTERPRETATION AND DEFINITIONS
Interpretation
The words of which the initial letter is capitalised have meanings defined under the
following conditions. The following definitions shall have the same meaning regardless
of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
• Application means the software program provided by the Company
downloaded by You on any electronic device.
• Application Store means the digital distribution service operated
and developed by Apple Inc. (Apple App Store) or Google LLC. (Google Play Store) in
which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is
under common control with a party, where "control" means ownership of 50% or more of
the shares, equity interest or other securities entitled to vote for election of
directors or other managing authority.
• Country refers to: Barbados
• Company (referred to as either "the Company", "We", "Us" or "Our" in
this agreement) refers to Progeny Dance, Carlton Terrace, Brighton Road, Black Rock,
St. Michael, Barbados, BB12051.
• Device means any device that can access the Service such as a computer,
a smartphone, or a digital tablet.
• Service refers to the Application or the Website or both.
• Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the Company regarding the
use of the Service.
• Third-party Social Media Service means any services or content
(including data, information, products, or services) provided by a third-party that
may be displayed, included, or made available by the Service.
• Website refers to Progeny Dance, accessible from
https://progenydance.com
• You means the individual accessing or using the Service, or the
company, or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
ACKNOWLEDGEMENT
These are the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out the rights
and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to all
visitors, users and others who access or use the Service.
By accessing or using the Service, You agree to be bound by these Terms and Conditions.
If You disagree with any part of these Terms and Conditions, then You may not access
the Service.
You represent that you are over the age of 18. The Company does not permit those under
18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our
policies and procedures on the collection, use and disclosure of Your personal
information when You use the Application or the Website and tells You about Your
privacy rights and how the law protects You. Please read our Privacy Policy carefully
before using Our Service.
LINKS TO OTHER WEBSITES
Our Service may contain links to third-party websites or services that are not owned
or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third-party websites or services. You further
acknowledge and agree that the Company shall not be responsible or liable, directly,
or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such content, goods or services available
on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any
third-party websites or services that You visit.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability,
for any reason whatsoever, including without limitation if You breach these Terms and
Conditions.
Upon termination, Your right to use the Service will cease immediately.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company
and any of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the amount actually paid by You through
the Service or 10 BBD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data
or other information, for business interruption, for personal injury, loss of privacy
arising out of or in any way related to the use of or inability to use the Service,
third-party software and/or third-party hardware used with the Service, or otherwise
in connection with any provision of this Terms), even if the Company or any supplier
has been advised of the possibility of such damages and even if the remedy fails of
its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability
for incidental or consequential damages, which means that some of the above limitations
may not apply. In these states, each party's liability will be limited to the greatest
extent permitted by law.
"AS IS" AND "AS AVAILABLE" DISCLAIMER
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable
law, the Company, on its own behalf and on behalf of its Affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Service, including all
implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the
Service will meet Your requirements, achieve any intended results, be compatible or
work with any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or that
any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's providers
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Service, or the information, content, and materials
or products included thereon; (ii) that the Service will be uninterrupted or error-free;
(iii) as to the accuracy, reliability, or currency of any information or content provided
through the Service; or (iv) that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses, worms,
malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to You. But in such a case the exclusions and
limitations set forth in this section shall be applied to the greatest extent enforceable
under applicable law.
GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms
and Your use of the Service. Your use of the Application may also be subject to other
local, state, national, or international laws.
DISPUTES RESOLUTION
If You have any concern or dispute about the Service, You agree to first try to resolve
the dispute informally by contacting the Company.
FOR EUROPEAN UNION (EU) USERS
If You are a European Union consumer, you will benefit from any mandatory provisions of
the law of the country in which you are resident in.
UNITED STATES LEGAL COMPLIANCE
You represent and warrant that (i) You are not located in a country that is subject to
the United States government embargo, or that has been designated by the United States
government as a "terrorist supporting" country, and (ii) You are not listed on any
United States government list of prohibited or restricted parties.
SEVERABILITY AND WAIVER
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision
will be changed and interpreted to accomplish the objectives of such provision to the
greatest extent possible under applicable law and the remaining provisions will continue
in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance
of an obligation under these Terms shall not affect a party's ability to exercise such
right or require such performance at any time thereafter nor shall the waiver of a
breach constitute a waiver of any subsequent breach.
TRANSLATION INTERPRETATION
These Terms and Conditions may have been translated if We have made them available
to You on our Service. You agree that the original English text shall prevail in the
case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS
We reserve the right, at Our sole discretion, to modify or replace these Terms at
any time. If a revision is material, We will make reasonable efforts to provide at
least 30 days' notice prior to any new terms taking effect. What constitutes a
material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective,
You agree to be bound by the revised terms. If You do not agree to the new terms,
in whole or in part, please stop using the Website and the Service.
CONTACT US
If you have any questions about these Terms and Conditions, You may contact us:
• By email: hello@progenydance.com
• By mail: Progeny Dance, Carlton Terrace, Brighton Road, Black Rock, St. Michael, Barbados, BB12051