We are delighted to present The Beach Body website (“Site”) and ask that you carefully read these Terms of Use (“Terms”) as they govern your access and use of the Site and also our supply from the Site of information, services and goods including fitness plans, training guides, programs, recipes, book, merchandise, fitness equipment and other content of a general health, fitness and lifestyle nature (we collectively call these offerings “Services”). These Terms form a binding contractual agreement between you, the user of the Site and The Beach Life Manly Pty Limited ABN 30 622 280 791 (we, us, our).
By using the Site you acknowledge and agree you have had sufficient chance to read and understand the Terms and that you agree to and have the capacity to be bound by them. If you do not agree this, please cease use of the Site.
1. Privacy
1.1 Protecting your privacy is very important to us. Please review our Privacy Policy for more information – the policy forms part of these Terms.
2. IMPORTANT HEALTH DISCLAIMER AND AN ASSURANCE FROM YOU
2.1 THIS SITE AND OUR SERVICES ARE INTENDED FOR USE BY HEALTHY ADULTS. WE DO NOT PROVIDE MEDICAL ADVICE NOR ASSESSMENTS AS TO YOUR CURRENT AND ONGOING HEALTH OR SUITABILITY TO USE ANY PARTICULAR SERVICES. EACH TIME YOU USE ANY SERVICES YOU GIVE US AN ASSURANCE THAT YOU ARE NOT AWARE OF ANY MEDICAL REASON OR CONDITION (INCLUDING PREGNANCY) WHY YOU SHOULD NOT USE THOSE SERVICES (OR ANY PARTICULAR SERVICE) AND THAT YOU ARE IN GOOD PHYSICAL CONDITION. IF YOU HAVE ANY DOUBTS IN THIS REGARD IT IS IMPORTANT THAT YOU FIRST HAVE YOURSELF EVALUATED BY A QUALIFIED DOCTOR AND SEEK THEIR OPINION AS TO THE SUITABILITY TO YOU OF ANY PARTICULAR SERVICES YOU ARE CONSIDERING USING. YOU MAY NEED TO REPEAT THAT EVALUATION IF THE SERVICES YOU USE CHANGE FOR ANY REASON.
3. How you may use this Site
3.1 You may use the Site for your own personal, no-commercial use. Accordingly, we grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
3.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
3.3 You agree you may not otherwise exploit any Content and you may not copy, reproduce, adapt, issue, broadcast, rent, lease, license, sublicense, distribute, transfer, publish, or display Content or this website, except to the extent we expressly authorise you to do so under these Terms.
3.4 You also agree not to remove, alter or modify any identifying mark, copyright, or other proprietary notice appearing on Content or the Site.
3.5 You agree to take precautions to ensure that the means by which you access the Site does not expose you to malicious computer code or other forms of interference which may damage your equipment. We are not responsible for any such damage.
3.6 You acknowledge the Services and other Site content may change from time to time and without notice.
4. Intellectual Property Rights
4.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own (or are licensed to use) all intellectual property rights in the Site.
4.2 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
4.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4.4 You represent to us that you have all necessary rights to grant the licences and consents set out in clauses 4.2 and 4.3 and agree that these survive the termination of these Terms.
5. Where this Site expressly allows you to upload or add Content or comment.
5.1 You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
6. Site availability and control
6.1 You acknowledge and agree that:
(a) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
(b) we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion.
7. Ordering goods or services from the Site
7.1 Orders for goods (including Digital Content) and/or services available from this Site are subject to these Terms and require you to provide a valid current email address and such other details as may be requested during the ordering process.
7.2 You may place an Order by following instructions on the Site (Order). An Order from you is an invitation for us to enter into a supply contract with you, which we may accept or decline at our sole discretion (Sale Contract). We may cancel a Sale Contract at any time prior to dispatch, for any reason.
7.3 Where a Sales Contract includes the supply of digital content (by way of example, this can include downloadable fitness plans and training guides) the digital content is licensed, not sold, to you (“Digital Content”). The license terms for Digital Content are set out at clause 8.
7.4 Prices displayed on the Site may be changed at any time without notice before an Order placed by you has been accepted. Prices exclude delivery charges and where these are applied, details will be given during the Order process.
7.5 If there has been a mistake in the prices displayed on our Site, and the price stated was lower than the correct price then we may cancel the Sale Contract, or we may by agreement with you, vary the contract by charging the correct price. If an Order has been accepted by us, and the price stated on the Site was higher than the correct price then we will refund the difference.
7.6 Where payment has been made on an Order that we have cancelled, a full refund will be given.
7.7 Payment may be made by the means described on the Site at the time the Order is placed.
7.8 We will endeavour to deliver product by the date indicated when placing your order however, we are not responsible for delays in delivery. We may also delay despatch or an Order for up to 7 days whilst we carry out any fraud prevention protocols we consider appropriate. We will not accept Orders for delivery to a post office box address. We may decline to accept an Order where delivery is required to a remote location.
7.9 We may charge a redelivery fee for each subsequent delivery attempt where you have provided an incorrect or incomplete delivery address.
7.10 Returns will be subject to our returns policy in force from time to time and we may ask you to follow certain steps in order for a qualifying return to be processed. We may publish our returns policy as a separate section to these Terms. Nothing in our returns policy will affect your rights to a refund in accordance with the Australian Consumer Law.
7.11 Title and risk in products ordered from the Site passes to you upon dispatch by us.
7.12 By placing your Order or otherwise contacting us, you agree that we may store, process and use data collected from your Order for the purposes of processing your Order.
8. Digital Content End User License Terms
8.1 In respect of Digital Content acquired under a Sales Contract, we grant you a non-transferable right to download, save and view Digital Content on multiple devices owned and controlled by you, solely for your own personal, non-commercial, private use. You may also make print copies provided such print numbers are consistent with private, personal use.
8.2 You may not:
(a) remove or alter authors names, copyright notices, disclaimers or health notices from the Digital Content;
(b) systematically make multiple print or electronic copies of the Digital Content;
(c) modify, abridge or otherwise alter or make derivate copies of the whole or any part of the Digital Content;
(subject to non-excludable rights granted under the Copyright Act 1968).
8.3 Copyright in the Digital Content is owned by, or licensed to us and subject to the protections available under copyright law. Unauthorised copying and redistribution is a violation by you of copyright law.
8.4 We may terminate, your license to use the Digital Content for breach of these license terms or the general terms and conditions applicable to your purchase. Upon such termination you must permanently delete, or destroy any such Digital Content we have supplied to you.
9. Exclusion of Liability
9.1 Subject to rights you may have under the Australian Consumer Law generally and also to clause 9.2 below, to the full extent permitted by law:
(a) we exclude all liability in respect of loss of data, interruption, loss of income, or any indirect, consequential or incidental loss or damages;
(b) we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms;
(c) we exclude all liability in respect of the use of any content or other material on this Site or otherwise forming any part of our Services.
9.2 Nothing in these Terms and Conditions excludes, restricts or modifies the consumer guarantees provided for by statute including under the Australian Consumer Law and these Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Where such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired, and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
10. Termination
10.1 These Terms terminate automatically if, for any reason (other than a period of routine maintenance), we cease to operate the Site. If the Site closes and later starts to operate again, any Terms then appearing on the Site will apply.
10.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
11. Links
11.1 Our website may contain links to other websites. We do not control nor monitor those sites and we are not responsible for their content or any software available from or operating on those sites. A link does not signify an endorsement and clicking on a link is at your own risk.
12. General
12.1 You must not assign, sub-licence or otherwise deal in any other way with any of your rights under these Terms.
12.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
12.3 We may make changes to the Site and these Terms without notice. Changes will only operate from the time they are published on the Site and will not affect any Sale Contract entered into prior to the date the changes were published.
12.4 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
12.5 This Agreement is governed by the laws of New South Wales and each party submits to the jurisdiction of the courts of New South Wales.
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