Definitions
“Company” means Burn It Up and Shape It Up Pty Ltd (ACN 129 316 712) and includes its related bodies corporate and their respective officers, employees, agents, contractors and contributors of site content.
“site” means any part of this and any other web site operated by or on behalf of the Company;
“use” includes access or use or attempted access or use of any part of the site;
“you” means any person who uses the site.
Scope of these conditions
You must read and agree to these conditions before making any other use of the site. If you do not agree to these conditions, you must not use the site. By making any use of the site, you thereby accept and agree to be bound by these conditions.
These conditions apply to all use of the site including your use of sections of the site which are subject to additional specific conditions. Your use of any section of the site which is subject to specific conditions is subject to your prior acceptance of those specific conditions.
IMPORTANT NOTICE
No information or content provided on or made available by the Company whether through this site or otherwise is intended to be (or provide a substitute for) specific medical advice relating to your personal circumstances. Before participating in any form of exercise or diet program, you should consult your doctor and ensure that it is suitable for your own specific circumstances
Copyright & limited right to use materials
The Company or third parties own and retain the copyright and other intellectual property rights in the materials found at the site including without limitation web pages, documents, text, designs, graphics, audio and video . Unless otherwise expressly stipulated by the Company, you may only use the site for your personal use and may only print or make an electronic copy of information available on the site for that purpose. You must not on supply any information made available at the site to any other person and in particular, you must not sell or otherwise commercially exploit that content. You must ensure that all copyright notices are retained in any material copied from the site. Subject to this limited right to use materials, you must not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any materials from the site in whole or in part without the Company’s prior written permission. If you breach any of these conditions, then (without limiting your other liabilities) your authorisation to use the site automatically terminates and you must immediately destroy any downloaded or printed materials.
By submitting any material to the site or to the Company in connection with your use of the site, you thereby assign all intellectual property rights in that material to the Company. You must not submit material to the site if a third party has any intellectual property rights in that material
Submitted photographs
If you or anyone else on your behalf submit to the Company any photographs of you (including “before” and “after” photographs) or any video or other materials, you authorise the Company to use, reproduce, display, broadcast and transmit such material as the Company sees fit.
Participation in promotions of competitions
Your participation in any promotion or competition conducted by or on behalf of the Company is subject to any published terms and conditions relating to such promotion or competition. You must ensure that you read and understand the terms and conditions relating to a Company promotion or competition prior to your participation. By submitting an entry or otherwise participating in any such promotion or competition, you agree to be bound by the applicable terms and conditions. Where a promotion or competition offers any form of product or service, the Company reserves the right to modify the product or service or to substitute an alternative.
Indemnification
You must indemnify the Company and the hosts, operators, developers of and contributors to the site and keep each of them indemnified against all claims, liabilities, expenses (including legal fees on a solicitor-client basis) or losses that may be made against or sustained by any of them arising from your breach of these conditions or otherwise howsoever from or in connection with your use of the site.
Third party content
The site may include content or references supplied by users or other third parties (“third party material”). The Company does not monitor and accepts no liability for third party content. Any opinions, advice, statements, services, offers or other information contained in third party material, are the responsibility of the respective author(s), distributor(s) or providers of that third party material. The Company makes no representation and gives no endorsement of the accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of the content of any third party content provider or the identity, knowledge or qualifications of any third party content provider. Your access to and reliance on third party content is entirely at your own risk.
References in third party material to any specific products, process, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its sponsorship, endorsement or recommendation by the Company, and such references shall not be used for advertising or product endorsement purposes
Links to third party web sites
Any links to third party web sites from the site are provided solely as a convenience to you. The Company makes no representation as to the intellectual property rights of any material available on the linked third party web sites and accepts no responsibility for any broken or redirected links. The presence of such links should not be taken to imply any type of association, sponsorship, endorsement, monitoring, approval of, or responsibility for, the linked third party web site or its content. The Company does not review and monitor any linked third party web sites and neither the Company nor its contributors are responsible for the contents, accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any material on any third party web site. It is your responsibility to evaluate the content and usefulness of information obtained from other sites Your access to and reliance on any third party web site is entirely at your own risk.
Links from other sites to the site
Other sites may only link to the site with the Company’s prior written permission. Any site that links to the site:
- Must link to the Company’s home page
- Must not replicate the site’s content
- Must not create a browser or border environment around the site’s content
- Must not imply any endorsement by the Company
- Must not misrepresent its relationship with the Company
- Must not present false information about the Company’s products
- Must not use the Company’s name or logos without the Company’s prior written permission
Inappropriate content
You acknowledge that neither the Company nor the hosts, operators or developers of the site are liable for defamatory, offensive, illegal or inappropriate content available at the site or accessed from the site and that the risk of injury from such content rests entirely with you.
You must not email, post or submit any defamatory, offensive, illegal or inappropriate material or any material containing a virus, worm, Trojan horse or other code that manifests contaminating or destructive properties.
Viruses
The Company cannot and does not guarantee or warrant that any files available for downloading through the site will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for virus detection, accuracy of data input and output and for maintaining an appropriate means for the reconstruction of any lost data.
Security & availability
There are many inherent risks involved in operating a web site and transmitting information over the Internet. Unauthorised access and faults in computer systems and networks can and do occur which may result in the interception, corruption, alteration, non-delivery, incorrect delivery or loss of information transmitted over the Internet. Consequently, the Company is unable to warrant that the site will be free from such risks or that your use of the site will be uninterrupted or error free.
Warranties/accuracy of data
The Company does not attempt to exclude any conditions, warranties, rights or remedies which you may have pursuant to the Trade Practices Act 1974 or other legislation to the extent that those rights and remedies can not be excluded by agreement (“non-excludable rights”). The Company's web-site provides information on an "as is" basis. Subject to any non-excludable rights, all express or implied conditions or warranties of any kind (including but not limited to the implied warranties of merchantability, fitness for a particular purpose, freedom from contamination by computer viruses and non-infringement of proprietary rights) are excluded,
Although information prepared by or on behalf of the Company has been produced and processed from sources believed to be reliable, subject to any non-excludable rights no warranty expressed or implied is made regarding accuracy, adequacy, currency, suitability, completeness, legality, reliability or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information.
Liability arising from use of the site
We strongly recommend that you obtain advice from your medical practitioner, health professional or other appropriately qualified person before participating in any weight loss program or using or attempting to use any information we provide.
You must possess appropriate levels of mental and physical health and other personal characteristics so as to be able to safely make use of the information we provide. You must carefully assess your levels of mental and physical health and other personal characteristics before making any use of this information. You must immediately cease to use information we provide or participate in any weight loss program if you may not satisfy any of the required levels of mental and physical health and other personal characteristics. By accessing and using any information provided by us, you represent and warrant that you have appropriate levels of mental and physical health and other personal characteristics and you acknowledge that the Company will be induced to make such information available to you by this representation. The Company will not be liable to you in any way if you suffer any loss or damage.
Subject to any non-excludable rights, your use of the site is entirely at your own risk. In no event will the Company be liable for any damages whatsoever (including, without limitation, direct, indirect, punitive, special, consequential damages, lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of the site, or arising from your purchase or inability to purchase any goods or services promoted on the site, whether based on contract, tort, statute, common law, equity or any other legal theory and whether or not advised of the possibility of such damages. Without limitation, this exclusion of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any material.
If circumstance arise where you are entitled to claim damages from the Company notwithstanding the provisions of these conditions (for example, pursuant to any non-excludable rights), the Company’s liability to you for the aggregate of such claims (regardless of the basis on which you are entitled to claim from the Company) is limited to the provision of the information, products or services again or payment of the cost of providing the information, products or services again (at the Company’s election).
Sale of goods or services
Unless otherwise stipulated by the Company, any sale of goods or services from the site is subject to the following conditions:
- Fulfillment – The Company will endeavor to provide excellent, accurate and fast fulfillment of any orders placed using the site. However, the Company is not liable for delays caused by suppliers, postal and courier companies or any other circumstances.
- Currency - All transactions are in Australian Dollars. If any amounts are shown in other currencies these are only indicative and may vary due to exchange rate variations at the actual time of transaction.
- Credit Card Use – If credit card payment is facilitated by the site, the Company undertakes to use Credit Card details only as specified by you in relation to purchases made on the site. Illegal use of credit cards is a serious crime. The Company will report any suspicious activity and disclose all relevant evidence to credit card companies and law enforcement authorities
- If you authorise a credit card payment, you warrant that you are the authorised holder of that credit card and that you have sufficient credit available to make the relevant payment(s).
- Identity fraud - You must not impersonate any person or entity or enter a fictitious name or purport to be authorised to represent any entity if that entity has not authorised you to do so in connection with your use of the site.
- Errors in description or pricing – Errors may occur in the description or pricing of products or services offered on the site. The Company may cancel any transaction if any such error occurs, notwithstanding any confirmation of an order or acceptance of payment.
- Any supply of goods or services by the Company is subject to any express written warranties offered by the Company or a third party. Subject to any non-excludable rights, all other express and implied warranties relating to such goods and services are hereby excluded and the provisions of the above clause (Liability arising from use of the site) apply.
Membership services
If you have entered into an agreement with us for the provision of certain services, you may be described as a “member”. Nothing in this description implies that you have any ownership or other interests in the Company or any part of its business. The provision of any membership or other services will be governed by the specific terms and conditions relating to those services. You must ensure that you read and understand the terms and conditions relating to the provision of such services. By applying for any such services or making any payment with respect to such services, you agree to be bound by the relevant terms and conditions.
Privacy Statement
By accessing and using the site or by submitting information to us, you consent to our collection, use and disclosure of information in accordance with this privacy
We may collect and retain personal and other information about you (“submitted information”) when (a) you send us an email; (b) you complete and submit an online form; (c) you provide us with information; or (d) a third party submits information about you to us.
It is not practicable for electronically submitted information to be provided to us anonymously. However, where appropriate it may be possible for you to use traditional means of communication to provide information to us anonymously
The submitted information which we retain and use may include your name, email and postal address, contact details and personal or other information. You consent to our use of submitted information for our internal purposes and to communicate with you regarding our products and services or the products and services of third parties or for any other reasonable purpose. You may elect not to receive such communications from us, either at the time you submit the information or at a later time. We may use submitted information to establish and use databases relating to your interests and preferences and we may use overseas service providers to store data including submitted information. To the extent necessary, you consent to our transfer of submitted information overseas for this purpose. We will not sell submitted information to third parties or intentionally disclose submitted information to third parties except to the extent that you have consented to such disclosure.
We will take reasonable steps to implement and maintain security precautions and endeavor to prevent unauthorized access to, disclosure or use of submitted information. However, we are unable to guarantee that unauthorized access to submitted information will not occur, either during transmission of that information or after we receive that information.
If we no longer require submitted information, we will take reasonable steps to permanently destroy or de-identify that information. You acknowledge that our back-up procedures may make it impractical to locate and destroy or de-identify copies of submitted information which are stored off-line or in a form which does not readily permit location and modification of data.
If you submit information to any other site accessed through a link from the site, the privacy principles applying to any information you submit to that site are outside our control. You should check the privacy policies of any other site before submitting information to that site.
We will take reasonable measures to ensure all personal information held about you is accurate, complete and up-to-date. We will correct any errors in the personal information which we collect about you upon receipt of written evidence from you which satisfies us that a correction is required
We will provide you with access to your personal information on reasonable request and subject to your agreement to pay our access charges if (a) it is practicable for us to do so and we have no other reasonable grounds for refusing access, (b) the request is not frivolous or vexatious, (c) access will not have an unreasonable impact on the privacy of others, (d) the information does not relate to existing or anticipated legal proceedings (other than information accessible through the discovery process), (e) access will not reveal our intentions in relation to any negotiations with you, (f) access is not unlawful (g) denying access is not required or authorized by law, and (h) access will not prejudice any prevention, detection, investigation or prosecution of possible unlawful or improper activity
We may use cookies. A cookie is a small amount of data that a website places on your computer when you visit it and which may be used to track the pages you have visited. We will not use cookies to identify you personally.
When you visit the site, a range of information relating to your access and use of the site is recorded (collectively called “click stream data”). We may examine click stream data to determine the traffic through the server as well as access levels to specific pages. No attempt will be made to identify you personally or your browsing activities from click stream data except if we or any authority suspect that unauthorized access or use of the site has occurred or may occur or be attempted. In these circumstances, we may gather, use and disclose more extensive information than indicated above regarding access or attempted access to the site for the purposes of prevention, detection, investigation or prosecution.
If you have any concerns or questions relating to this privacy statement, please contact us by email or telephone.
Governing law
The site is administered by the Company from offices in Adelaide, Australia. These conditions and your use of the site and any disputes between you and the Company shall be governed by and construed in accordance with the laws of the State of South Australia, without giving effect to any principles of conflicts of law. Any legal proceedings arising out of or in connection with the use of the site must be commenced in the appropriate court in the State of South Australia. You are solely responsible for ensuring that your use of the site is not prohibited and complies with your local laws.
Severance
If any provision of these conditions is unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these conditions and shall not affect the validity and enforceability of any remaining provisions.
Changes to site content and access rights
The Company may modify the content, nature or accessibility of the site as and when it sees fit. These conditions will continue to apply even if you cease to be permitted or able to use the site
Revision of these conditions
The Company may revise these conditions at any time by updating this web page. You are bound by such revisions and should therefore regularly revisit this page to review the then current conditions by which you are bound. Your continued use of the site after a revision of these conditions evidences your acceptance of that revision.
