Terms and Conditions
1. Bodyworx WEBSITE TERMS AND CONDITIONS
The Bodyworx website at http://bodyworxstrong.com and related mobile applications (together, the Website) are owned and operated by (Ben Goodbrand ABN 52499214485 of 3 Senden Crescent COLEBEE, NSW, Australia (“Bodyworx”, “Evo”, “we”, “us”, “our”).
By clicking “I accept”, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By clicking “I accept”, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.
These terms apply to the use of this Website, including the use of the information services provided through this Website.
Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you.
If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that Bodyworx is entitled to suspend or terminate your use of the Website or membership at any time if Bodyworx considers that you have brought, or may bring, the reputation of Bodyworx or its members into disrepute.
If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
2. CONDITIONS OF USE OF WEBSITE
2.1 Seek advice from Medical Professional
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
2.2 Information provided on Website
All information provided by us on the Website is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
2.3 Nutritional Information
Nutritional information provided on the Website is taken from sources provided by third parties, including the Food Standards Australia New Zealand (FSANZ) NUTTAB 2010 guide to nutrient content. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. FSANZ has made considerable effort to ensure the quality of information in NUTTAB 2010, however, none of FSANZ, F45 or any other provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your purposes.
There are limitations associated with food composition databases. Nutrient data published in a database such as NUTTAB 2010 may represent an average of the nutrient content of a particular sample of foods and ingredients, determined at a particular time. The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source. While most of the data contained in NUTTAB 2010 are generated from analysed values, some of the data are borrowed from overseas food composition tables; supplied by the food industry; taken from food labels; imputed from similar foods; or calculated using a recipe approach.
2.4 Quality of the Website
We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.
2.5 Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third-party users of the Website, other members, other contributors to the Website, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website (including User Content of other users of the Website referred to below). Where the information made available over the Website contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
2.6 Non-Bodyworx services
Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from the Bodyworx. If in the opinion of the Bodyworx members or third parties are engaged in advertising, promotion or providing advice to other participants of the Website, then Bodyworx reserves the right to suspend or terminate the membership of any member participating in such conduct or to ban any third party from participating on the Website.
2.7 Security of Information
No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
2.8 Indirect and Consequential Loss
To the extent permitted by law, and subject to clause , in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website, any linked website, your reliance on any information obtained through the Website or your use of any services on the Website, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
2.9 Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
(a) if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
(b) if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
2.10 Fitness Levels
In conjunction with advice provided on the Website, we recommended that you exercise regularly. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own enquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:
• pregnant women and women who are breastfeeding or who are trying to conceive a child;
• persons suffering from cancer or other long-term illness;
• persons with liver disease, kidney disease, or renal failure,
• persons with eating disorders;
• persons with diabetes, blood pressure or cholesterol issues;
• elderly persons;
• persons recovering from or recently recovered from illness or injury;
• persons with a low body mass index; and
• persons with a high body mass index.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that is included as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide.
To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
You agree to indemnify us and our employees, agents and subcontractors, from and against any third-party claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, which arises as a result of your breach of these terms in your use of the Website.
4. INTELLECTUAL PROPERTY
Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
The following are examples of conduct that are not authorised by these terms:
(a) publishing or posting any of the content (such as recipes or exercise programs) on any other website, but excluding your personal social media pages;
(b) using the logo or trademarks of this Website, the phrase “Bodyworx” (or anything substantially identical or deceptively similar), to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
(c) registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us; and
(d) systematic downloading or “scraping” of content of the Website.
We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:
(a) the frequency and nature of any downloads; and
(b) the time of access and IP addresses used to access the Website.
We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.
5. LINKED WEBSITES
The Website (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or Bodyworx members, we will provide additional notice to you .
7. PERSONAL INFORMATION COLLECTION NOTICE
In registering for access or using this Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you.
While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located in other countries.
8. SERVICE PAUSE
Service pause is available for full-fee paying clients only, who wish to suspend their payments and access to all services. Clients on discounted subscriptions or other offers are not eligible to pause services. Pause is available for not more than four weeks in any anniversary year, taken in blocks of one, two, three or four weeks (part-weeks are not allowed). Notice of intention to pause your service should be provided in writing to Bodyworx no less than two weeks prior to the commencement of the intended freeze period. Under no circumstances will a back-dated freeze request be considered.
9. SEVERANCE & TERMINATION
Bodyworx may at its sole and absolute discretion refuse registration, or suspend or terminate services at any time and for any reason.
If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
Clients wishing to cancel their servicet must do so in writing,, submitted not less than one (1) weeks prior to desired cancellation date ('notice period"). Service pause is not available during the cancellation notice period, nor does a pause period form part of the notice. Where an approved pause period is scheduled during the cancellation notice period, the pause period will become void and be replaced by the cancellation notice period. Any amounts due within the notice period and/or outstanding fees for the contracted period (if applicable) will be processed in a single charge to the client .
10. REBOOKING/CANCELLATION OF SESSIONS
Where a client cancels a booking less than forty eight (48) hours prior to the scheduled start time of that booking, or fails to arrive for a scheduled booking, the client is will not be entitled to reschedule that session or be entitled to a refund for that session.
11. OPERATING HOURS AND SERVICE SCHEDULES
The operating hours and schedule of services are subject to change. Where there are material changes to hours and timetables that could adversely affect your service, we will provide additional notice to you. Changes will not be considered grounds for refund, discount or any other form of compensation, and do not affect the enforceability of any other terms or conditions.
13. GOVERNING LAW
These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.
14. THE BODYWORX GUARANTEE TERMS AND CONDITIONS
Bodyworx guarantees that you will achieve your goal within the program period, subject to the below conditions:
Specific goals must be agreed upon prior to starting your program. If goals can't be agreed upon, the client will be entitled to a refund of any monies paid.
The guarantee only applies to programs paid in-full upfront and were the program specifically offers the guarantee.
At the conclusion of the program, if the client has not achieved their goals, they will be entitled to be trained free of charge until such time as they do, or for a period equal to the original program length, whichever occurs first, subject to the below conditions:
Attendance to scheduled training sessions must be greater than 90%
Nutrition compliance must be greater than 80%, and not fall below 70% in any given week
Additional evidence of nutrition compliance may need to be supplied to for verification
Changes to the exercise or nutrition components of the program may be implemented where Bodyworx deems necessary to achieve the client's goals, including the addition of exercise or activity outside of the scheduled workouts
3. The training and nutrition requirements during any free "guarantee" period will be at the sole discretion of Bodyworx
4. Any breach of these conditions will result in the client forfeiting the right to claim the Bodyworx guarantee, and surrendering any claim, either financial or for service, against Bodyworx.
5. At least 24 hours notice is required to rebook a session. Rebooked sessions can only be made in the same calendar week as the original booking. While all efforts will be made to accommodate rebook requests, lack of available session times may not make it possible. Missed sessions cannot be made up.