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KEEP IT CLEANER TERMS AND CONDITIONS
IMPORTANT LEGAL NOTICE
Thanks for being a Keep it Cleaner girl! We love having you as part of our empowering community.
We reserve the right to change these Terms from time to time.
1. DEFINITION OF TERMS
1.1. Application means any current or future version of the Keep it Cleaner Application via which you access the Service.
1.2. Service: means the diet, yoga, exercise, fitness, mind health and meditation services provided by Keep it Cleaner through the Application, Website, Private Facebook community, or other mediums as may be available from time to time.
1.3. Keep it Cleaner: Keep it Cleaner Pty Ltd (ACN 620 357 520), being a company registered in Victoria, Australia at Level 2, 108 Power Street, Hawthorn, Victoria 3122 (also referred to as we or us in these Terms).
1.4. Your Submissions: means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by you.
2. SERVICE ACCESS AND TERMS
2.2. User name and Password: If you choose to create an account, we will provide you with a user name and you will be required to select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this user name. You must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of the Services, which will result in the immediate cancellation of your access to the Services without refund. When purchasing access to any Services, you must take all actions possible to protect your username and password from fraudulent use.
2.3. Acceptance of terms: By accessing any part of the Application, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the Service or functionality of the Application.
2.4. Revision of terms: We may revise these Terms at any time. You should check the Application regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Service.
2.5. Responsibility: You are responsible for making all arrangements necessary for you to have access to the Application, including any fees or costs associated with any hardware, equipment, software, services and/or carrier fees required. You are also responsible for ensuring that all persons who access the Application through your device or account are aware of these Terms and that they comply with them.
2.6. Age Restriction: The Service is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Service if you are not 18 years of age or older unless you have the consent of your parent or guardian.
3.1. You acknowledge and agree that:
3.1.1. you must pay the Company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
3.1.2. you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (Due Date);
3.1.3. your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause 3; and
3.1.4. the Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
3.2. Your access to the Service is conditional on you paying the Subscription Fee (Subscription).
Processing and Payment
3.3. All prices are in Australian Dollars (AUD).
3.4. Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
3.5. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
3.6. If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
3.7. All payments made are non-refundable unless otherwise stated in clause 3.10.
Cancellation of Subscription
3.8. You may cancel your Subscription by:
3.8.1. providing written notice to the Company by email to: email@example.com (please note we are not able to cancel your membership if you signed up through the app); or
3.8.2. selecting the ‘unsubscribe’ option in the Account Settings in the Application or Website.
3.9. Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates or the end of the month in the case of a three- or six-monthly subscription.
3.10. Notwithstanding clause 3.7, in the event that you cancel a three- or six-monthly subscription, a pro rata refund may be available for the unused portion of your Subscription. All cases will be considered on a case by case basis. The Company does not warrant that a refund will be given in any circumstances.
3.11. Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Service.
3.12. You acknowledge and agree that the Company may terminate your access to the Service in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.
4.1. Terms of permitted use: You are permitted to use the Application for your own personal non-commercial use on the following basis:
4.1.1. You must not misuse the Application (including by hacking or engaging in cyber-bullying).
4.1.2. Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the Application and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Application other than in accordance with paragraph 8.1 is prohibited.
4.1.3. You are not allowed to use, disseminate or reproduce any of the materials on the Application for commercial purposes without obtaining a licence from us to do so.
4.2. Limitation on use: Except as stated in paragraph 6.1, the Application may not be used, and no part of the Application may be reproduced or stored in any other Application or included in any public or private electronic retrieval system or service, without our prior written permission.
4.3. Reservation of rights: Any rights not expressly granted in these Terms are reserved.
5. SERVICE ACCESS
5.1. Application availability: While we try to ensure the Application is normally available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if the Application is unavailable or otherwise not fully or properly functioning at any time or for any period.
5.2. Suspension of access: Access to the Application may be suspended temporarily at any time and without notice.
5.3. Information security: The transmission of information via any application like the Application is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Application; any transmission is at your own risk.
6. LINKS TO AND FROM OTHER APPLICATIONS
6.1. Third party Applications: Links to third party applications or websites through the Services are provided solely for your convenience. If you use these links, you leave the Services. We have not reviewed and do not control any of these third-party applications or websites (and are not responsible for these applications or websites or their content or availability). We do not endorse or make any representation about these applications or websites, their content, or the results from using such applications or websites. If you decide to access any of the third-party applications or websites linked to the Services, you do so entirely at your own risk.
6.2. Linking permission: You may link to the Services, provided that:
6.2.1. you do so in a fair and legal way which does not damage or take advantage of our reputation;
6.2.2. you do not establish a link from an application, website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;
6.2.3. any Services from which you link must comply with the content standards set out in these Terms;
6.2.4. we have the right to withdraw linking permission at any time and for any reason.
7. INTELLECTUAL PROPERTY
7.1. The Services, including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the IP without our express prior written consent.
7.2. You represent and warrant to us that, with regard to Your Submissions:
7.2.1. you own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorize Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of Your Submissions to enable their inclusion and use in the manner contemplated by us and these Site Terms; and
7.2.2. you have the written consent, release and/or permission of each and every identifiable person in Your Submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by us and these Terms.
7.3. You agree that Your Submissions will not:
7.3.1. include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;
7.3.2. publish falsehoods or misrepresentations that could damage us or any third party;
7.3.3. include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
7.3.4. post advertisements or solicitations of business.
7.4. We also reserve the right, for any reason, to remove or not publish any or all of Your Submissions and to remove content posted by you without prior notice.
7.5. You understand and acknowledge that, when you submit content in any form to the Services, we may authorise such content to be distributed or syndicated to or published on other Keep it Cleaner owned or operated environments or the web platforms of any of Our affiliates.
7.6. You indemnify us, and will keep us indemnified, against any breach of this Section 6 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
7.7. You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of Services infringes your copyright, please contact us at email: firstname.lastname@example.org
7.8. We acknowledge that all personal information provided by you remains your property.
8. DISCLAIMERS – MEDICAL
8.1. The Services include information and instructions relating to diet, yoga, exercise, fitness, mind health and meditation, and some of the products and services available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause 7 apply to all such information, instructions, products and services.
8.2. Before participating in any diet, yoga or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Services, we strongly recommend that you consult with a medical practitioner or other healthcare provider. Keep it Cleaner, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
8.3. Keep it Cleaner and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
8.4. Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.
8.5. You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by Keep it Cleaner and/or in any Services. Keep it Cleaner and the Services should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, Pilates or other exercise or fitness program or making changes to your diet in order to determine whether the Services are appropriate for you.
8.6. We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any diet, exercise, yoga or fitness program, or when using any diet or fitness products or services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
8.7. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
9. DISCLAIMERS – GENERAL
9.1. Application information: We may make changes to the material on the application or the Service, at any time without notice.
9.2. Viruses and Malware: Keep it Cleaner does not represent or warrant that the Application or any other material accessible from the Application is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
9.3. Exclusion of terms: We provide you with access to the Application and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Application and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Application or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).
9.4. We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of Keep it Cleaner. Content created by third parties is the sole responsibility of the third party and Keep it Cleaner does not endorse, warrant or guarantee its accuracy and/or completeness.
10.1. General: Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.
10.2. Exclusion of liability: Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Application (including the use, inability to use or the results of use of the Service or the Application) for resulting from any violation by you of these Terms or any breach by you of your responsibilities, representations and warranties.
10.3. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Application, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
10.4. Indemnity: You agree to indemnify and hold Keep it Cleaner and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of your breach of these Terms, your use of the Service or Application or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
11. ENDING ACCESS AND REMOVING CONTENT
11.1. We reserve the right to, without notice and for any reason deemed appropriate by us:
11.1.1. terminate your access to the Services;
11.1.2. remove any information or other content from the Services;
11.1.3. prevent access to the Services by you or any other user or group of users; or
11.1.4. intercept, remove or alter any content stored on the Services.
11.2. Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Application or using the Service via the Application, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
13. ADDITIONAL TERMS
13.1. Severability: If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13.2. Entire agreement: These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
13.3. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.
13.4. Assignment: You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
13.5. Headings: The headings in these Terms are included for convenience only and shall not affect their interpretation.
14. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the law of Victoria. Disputes or claims arising in connection with these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of Victoria.
Notwithstanding that any provision, or part of a provision, of these Terms may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, those provisions, or part of a provision, are deemed omitted without affecting the legality of the remaining provisions which shall continue in full force and effect.
Thanks for being a Keep it Cleaner girl! We love having you as part of our empowering community and your privacy is important to us. We are committed to protecting your privacy so want to share the following information, which outlines the information we collect from you, how we use this information and your rights in relation to this.
We are committed to managing personal information in accordance with the Australian Privacy Principles under the Privacy Act 1988 (Cth), the General Data Protection Regulation (EU) 2016 / 679 (GDPR) and in accordance with other applicable privacy laws.
Who is Keep it Cleaner?
When we refer to ‘we’, ‘us’ and ‘Keep it Cleaner’, this means Keep it Cleaner Pty Ltd ACN 620 357 520 and any wholly owned subsidiaries. Our ABN is 56 620 357 520 and we are based at our office in Hawthorn, Australia.
What personal information do we collect?
When you subscribe to our services or sign up for a free trial, we collect the following information from you:
Why do we store your personal information?
We want to give you the best experience possible when interacting with us and using the Keep it Cleaner program. We collect information primarily to allow you to use our website and app as well as enjoy the benefits of the program that accompany your membership with us.
Some of the reasons we store your information include:
In addition, we may from time to time use some of your personal information for other purposes such as:
Transfer of Apple HealthKit Data and WatchKit data.
Through your explicit consent to connect Keep it Cleaner to Healthkit and Watchkit, we can improve and enable particular features within our app or services. For example, we request access to your phone’s geolocation data in order to log your run route, or infer certain information such as heart rate or other information about your perceived exertion, including power, cadence, height or other indicators to log. This information is not transmitted to any external service, and it is only used to track specific information through your expressed consent.
Information obtained through the HealthKit APIs or the Motion & Fitness API’s are not transmitted to any of our data servers.
When do we collect your personal information?
While most of our data in relation to you comes from collecting it directly from yourself, we may from time to time work with third parties who assist us in our business. Your data is protected by their relevant privacy policies and we take steps to ensure that any data we collect is in line with relevant legislation and best practice.
We collect your personal information when you visit our website or app, when you sign up as a Member, when you use our services and when you interact with us via phone, email or social media.
Examples of when we collect your personal information include:
What happens when we’re unable to collect your personal information?
If we are unable to collect your personal information, we may not be able to fulfil our obligations to you including providing the services that make up the Keep it Cleaner program. We may not be able to provide you with goods and services, as well as answer enquiries about your membership or the goods and services we provide. Your experience when interacting with us may be delayed or not as efficient as we would like. We also will be unable to keep you informed of the latest updates, promotions, rewards, competitions and marketing messages.
How do we store your personal information?
We take every effort to store your personal information safely. We may hold your personal information either in electronic or hard copy form. When we store information electronically, this may be on our computer systems, databases, software programs, internet servers and hosted internet solutions. We take every effort to keep your information safe in accordance with relevant government regulation and requirements. Our servers, computer systems and internet hosting are protected through necessary security systems including physical locks, firewalls, security systems and passwords.
When you unsubscribe from our marketing communications, we will no longer contact you with marketing messages. However, this will not remove your personal information from our systems. If you would like for us to completely remove your personal information, you can email email@example.com at any time.
How we share your data
We do not sell your personal information to third parties. However, we may share some of your data with our third-party partners for commercial purposes in relation to running our business. When this is done, our partners are obligated to only use your data for the reasons agreed with us and have committed to not misuse or sell your data in any way. We do not share your health information with third parties unless it is necessary for providing you with our health services or you have consented to the disclosure. Your personal data may be shared to the following partners:
Your personal information may be disclosed to third parties if disclosure is required by law. If we sell our business, or we have a change in control, your personal information will be disclosed and transferred to the new owner/controller for that purpose.
We are not liable for any loss, damage or claim arising out of a third party’s use of your personal information where we were authorised by you or law to provide that third party with your personal information.
How do we use your personal information for marketing purposes?
We may use your personal information to send you marketing messages as well as keep you updated on all things Keep it Cleaner. You can unsubscribe from these marketing messages at any time by clicking the ‘unsubscribe’ link in our marketing emails or by emailing us at firstname.lastname@example.org. Please note that it may take a few days for our systems to update ad you may inadvertently receive marketing messages while they update.
How you may access your personal information?
You have the right to access your personal information stored by us at any time. Please email email@example.com to make this request. Please note that it may take us a few days to collate all the personal information we have stored.
How long do we store your personal information?
We retain your personal information for as long as is needed for us to fulfil our obligations to you, for example to provide goods or services, or to provide marketing messages while you are subscribed. We may also need to store your personal information to comply with any tax or governing bodies. When we no longer need to store your data for these reasons, we will either delete or sufficiently anonymise this.
Do we disclose your personal information overseas?
Keep it Cleaner is based in Australia so the majority of our service providers are Australian based. However, we may from time to time collaborate with overseas partners. We only ever disclose your personal information outside the jurisdiction it was collected where we are permitted to do so under applicable privacy laws. This means that we have taken all necessary steps to keep your information safe as per the relevant privacy regulations.
Changes to our policies
We may make changes to this policy from time to time. Our current policy will be available on the app and on our website at www.keepitcleaner.com.au or a hard copy may be provided to you upon request. If you continue to use our services after any update to this policy, you agree to the terms of the updated policy and consent to the use of personal information in accordance with the updated policy.
Residents in the European Economic Area
If you are a resident of the European Economic Area you are protected by specific regulation set out in the GDPR which includes the following:
Cookies and web browsing
What types of cookies do we use?
We require certain types of cookies in order for our website to operate, for example cookies that allow you to log into secure areas of our websites that require a membership.
We like to know how many lovely members are on our site at any time, as well as where they are visiting from and which pages they visit. This allows us to create content that best suits your needs.
These cookies allow us to see your user journey, so we can make this simple and easy for you. This allows us to customise your experience and our marketing activities, so they are relevant for you.
Third party cookies
This refers to third party cookies from companies such as Facebook and Google, which allow us to bring you offers and advertisements that might be of interest to you through those sites.
What can you do to control your cookies?
Some of the websites that let you control what information is collected about you are:
If you believe we have breached our privacy rights at any time, please send us an email at firstname.lastname@example.org so our privacy office can investigate and respond to you. All such enquiries or complaints will be taken seriously and handled with impartiality and discretion. If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done.
If you have complained about something that is not covered in the relevant privacy laws, we will explain why we are unable to take further action. Please allow 7 days for us to investigate and respond to any privacy complaints.
If you have any other questions
Please feel free to contact us at:
Mail: The Privacy Officer, Keep it Cleaner, 163 Eastern Road, South Melbourne, VIC, 3205, Australia
This policy was last updated on 02/10/2018.
These are the terms and conditions (“Terms”) provided by Keep it Cleaner Pty Ltd (ACN 620 357 520) (“Company”, “we”, “us” or “our”) which govern the permitted use of and access to the ‘Keep it Cleaner’ branded application and any and all related documentation (“Application”) by you as licensee (“Licensee”, “you” or “your”). Please read these Terms carefully and if you choose to accept use and access to the Application on the basis of these Terms, you can select the option to “accept” and register for use of the Application. If you do not accept these Terms, you should not register for use of the Application.
References to these Terms include all terms and conditions set out in this document and include any amendments made to these Terms from time to time. If the amendments are material changes which affect your rights or obligations, you will be notified of the material changes via the Application, email or other reasonable means. Your continued use of the Application, including after being notified of any material changes to these Terms, will be confirmation of your acceptance of amendments to these Terms.
By using or accessing any part of the Application, you acknowledge that you have read, understood and agree to be bound by these Terms.
1. Grant of License
1.1 Subject to these Terms, the Company grants to you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely for the purpose of:
(a) accessing, downloading and installing the Application (as modified or updated from time to time) for the purposes of receiving the diet, yoga, exercise, fitness, mind health and meditation services provided by Keep it Cleaner through the Application (“Services”); and
(b) at all times, lawful use of the Application,
1.2 You warrant to the Company that you will only use the Application for the Purpose and in accordance with these Terms.
1.4 We reserve the right to add, remove or update features or functions of the Application without notice to you. When we make any such changes to the Application, or when a new version is released by us, you may be required to update the Application on your device, or this may occur automatically. This may require your review and acceptance of our Terms, in the form current at that time, before you will be permitted to continue use of or access to the updated or new version of the Application. If you do not accept any updates or new versions released by the Application, you acknowledge that we may not continue to support previous versions of the Application and any previous version may cease to be available, used or accessed.
2.1 You are solely responsible for the information contained in your account created for the purpose of using and accessing the Application (“Registration”). You must maintain accurate, complete and current information for your Registration, including updating your information if you become aware of any error or if it changes.
2.2 Notwithstanding anything else contained in these Terms, you:
(a) are responsible for maintaining the login and password associated with the Registration;
(b) must keep your login and passwords secure and confidential at all times;
(c) are responsible for all acts and omissions carried out using the login and passwords; and
(d) are responsible for all equipment and communication infrastructure necessary to access the Application.
2.3 You will notify us immediately of any unauthorised use of your Registration or any breach of security, including any loss or theft. We may suspend or terminate your Registration if we become aware of or suspect there has been, or may be, unauthorised use of your Registration. We reserve our rights to pursue any legal remedy against you for any such unauthorised access or use. We are not responsible for any loss incurred in connection with any misuse of your Registration.
2.4 the Application Registration is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Application if you are not 18 years of age or older unless you have the consent of your parent or guardian.
2.5 You must not:
(a) reproduce or modify all or any part of the Application;
(b) disassemble, decompile, modify or reverse engineer any part of the Application nor merge it with any other software; or
(c) directly or indirectly permit any third party to do any of the above.
2.6 In accessing the Application, you must comply with all applicable user conduct policies or any other relevant policies relating to the Application notified by the Company to the Licensee from time to time by publication on the Application, email or other reasonable means. It is the Licensee’s responsibility to check the Application regularly to keep up to date with any such applicable policies.
3.1 You acknowledge and agree that:
(a) you must pay the Company the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (“Subscription Fee”);
(b) you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (“Due Date”);
(c) your Subscription will automatically renew on the Due Date unless cancelled in accordance with this clause 3; and
(d) the Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
3.2 Your access to the Services is conditional on you paying the Subscription Fee (“Subscription”).
Processing and Payment
3.3 All prices are in Australian Dollars (AUD).
3.4 Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
3.5 Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
3.6 If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
3.7 All payments made are non-refundable unless otherwise stated in clause 3.10.
Cancellation of Subscription
3.8 You may cancel your Subscription by:
(a) providing written notice to the Company; or
(b) selecting the ‘unsubscribe’ option in the Account Settings in the Application or Website.
The Company’s contact details are set out in clause 17.
3.9 Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates or the end of the month in the case of a three- or six-monthly subscription.
3.10 Notwithstanding clause 3.7, in the event that you cancel a three- or six-monthly subscription, a pro rata refund may be available for the unused portion of your Subscription. All cases will be considered on a case by case basis. The Company does not warrant that a refund will be given in any circumstances.
3.11 Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Services.
3.12 You acknowledge and agree that the Company may terminate your access to the Services in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.
4. Support Services
The Company will provide the following limited support services:
(a) support request ticket logging through the Application; and
(b) the following email address to request support: email@example.com.
5. Intellectual Property Rights
5.1 For the purposes of these Terms, the term “Intellectual Property Rights” means all copyright, patents, registered and unregistered design rights, trademarks and service marks and applications for any of the foregoing, together with all trade secrets, know-how, database rights, rights to confidentiality and other intellectual and industrial property rights in all parts of the world.
5.2 The Licensee acknowledges that a third party who makes content available through the Application may have proprietary rights in such content they make available. The Licensee acknowledges that it obtains no Intellectual Property Rights whatsoever in the Application or any of the material or applications provided or made available on the Application by the Company or any party not being the Licensee, or in any associated documentation, including without limitation, all design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, code, content, protocols, software and documentation.
5.3 Any and all Intellectual Property Rights that subsist in the Application, including updates and upgrades, vest in the Company. Nothing in these Terms is to be construed as the Company granting, by implication, estoppel or otherwise, any license or right to you to use any of our Intellectual Property Rights other than as provided by these Terms without our express written consent.
6. Use and Access
6.1 Other than for your own backup purposes and otherwise in accordance with these Terms, you are not permitted to copy, use, distribute, transfer, assign or grant any rights to use or access the Application for the benefit of a third party and you must not rent, sell, lease or sub-license any rights in respect of the Application.
6.2 You warrant that you will not use any automatic or manual device or process (such as robots or spiders) to interfere with, or attempt to interfere with, the proper working and functionality of the Application.
6.3 You are responsible for all equipment, devices, internet connections and data plans through which you access or use the Application. Any network or roaming costs incurred by you through a service provider while accessing or using of the Application is solely your responsibility. The Company makes no representations that the Application can be accessed on all equipment or devices, or downloaded via all service providers on all service plans.
6.4 All content, including data, links, articles, graphics, audio, video or other materials made available or accessible through the Application by a Licensee (“User Content”), is the sole responsibility of the Licensee who published it through the Application. You must own or be licensed to use any User Content you display, post or make available through the Application.
6.5 You acknowledge and agree that by using the Application, you may be exposed to User Content that may offend, be indecent or objectionable, or which expresses an opinion or views which you may disagree with. You agree to accept all risks associated with the use of or reliance on any User Content, including as to its completeness, accuracy, errors or omissions, and in no circumstances will the Company be liable to any degree for the User Content or your reliance on it, or for loss or damage of any kind incurred as a result of the transmission or posting of such User Content anywhere.
6.6 We do not screen or monitor all User Content, but you consent to such monitoring which is available to the Company from the time you post, display, upload, transmit, publish or communicate User Content on the Application.
6.7 The Company reserves the right to remove any User Content which it reasonably believes may infringe the copyright of others, or for any other reason deemed appropriate by the Company (including, without limitation, User Content deemed to be harassing, vulgar, harmful to minors, advocates hate crimes or violence, spam, or malware or corrupted data). If you are concerned with any User Content appearing in the Application, you can report your concerns to the Company via the Application or using the contact details provided at the end of these Terms.
6.8 If we are required to do so by law, we may disclose User Content to a third party, which may include:
(a) where we are required to respond to a claim asserted against us in a legal proceeding, or we are subpoenaed to make such disclosure;
(b) where we are required to assist an investigation by relevant authorities;
(c) to report a crime or suspected criminal activity;
(d) if required in connection with a breach of these Terms.
6.9 We do not guarantee that access to the Application will be uninterrupted or that it is free from malware or other malicious software that may damage the device or any data on such a device, or that the Application is completely secure. You are solely responsible for ensuring your device or equipment is secure against any risk of unauthorised access, interception of information, corruption of data, damage or misuse or any other security risks. The Company will not be liable for any unauthorised access to your device or misuse of your Registration.
7. Links from the Application
7.1 The Licensee is not permitted to link to or from the Application without the Company’s express written permission.
8. Access to the Services
Subject to these Terms, the Company shall attempt to provide the Licensee with access to and use of the Services for twenty-four (24) hours per day, seven (7) days per week. The Licensee agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
(a) equipment malfunctions;
(b) periodic maintenance procedures, repairs, updates or upgrades that the Company may undertake from time to time; or
(c) causes beyond the control of the Company or that are not reasonably foreseeable by the Company, including, without limitation, interruption or failure of telecommunication or digital transmissions, hostile network attacks, network congestion or other failures.
You acknowledge and agree that the Company has no control of availability of the Application on a continuous or uninterrupted basis.
9. Services and cancellation
9.1 The Licensee may cancel his or her subscription to the Services by providing written notice to the Company.
9.2 This notice may be in the form of an email to firstname.lastname@example.org.
10.1 The Licensee acknowledges that the Application has not been designed to meet the individual requirements of the Licensee and is provided on an “as-is” basis.
10.2 A failure of any part or the whole of the Application to suit the Licensee’s requirements will not give rise to any right or claim by the Licensee against the Company.
The Licensee will fully indemnify the Company in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by the Licensee;
(b) the Licensee’s use of the Application; or
(c) claims made by third parties against the Company arising from the Licensee’s actual or implied authorisation to access or use the Application, however those claims arise.
12.1 UNLESS THESE TERMS EXPRESSLY PROVIDE OTHERWISE:
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED CONDITIONS, WARRANTIES OR LIABILITIES (INCLUDING LIABILITY AS TO NEGLIGENCE) REGARDING THE CONDITION, ACCURACY, SUITABILITY, QUALITY OR TITLE TO THE APPLICATION (INCLUDING ANY APPLICATIONS THAT MAY BE ACCESSIBLE AND ANY DATA CONTAINED, SUPPLIED, GENERATED OR PRODUCED BY OR WITH THE AID OF IT) ARE NEGATED AND EXCLUDED; AND
(b) THE COMPANY GIVES NO CONDITION, WARRANTY, UNDERTAKING OR REPRESENTATION IN RELATION TO THE CONDITION, ACCURACY, SUITABILITY, QUALITY OF OR TITLE TO THE APPLICATION (INCLUDING ANY APPLICATIONS THAT MAY BE ACCESSIBLE AND ANY DATA CONTAINED, SUPPLIED GENERATED OR PRODUCED BY OR WITH THE AID OF IT).
12.2 THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFIT OR REVENUE, EXEMPLARY DAMAGES, LOSS OF GOODWILL, DELETION OR CORRUPTION OF ELECTRONICALLY OR DIGITALLY STORED INFORMATION, OR WITHOUT LIMITING THE FOREGOING, ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER DESCRIBED OR CLAIMED EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
12.3 SUBJECT TO THE ABOVE PROVISIONS OF THIS CLAUSE 12, THE COMPANY’S LIABILITY TO THE LICENSEE FOR ALL PROVEN LOSS IS LIMITED, IN AGGREGATE TO THE AMOUNTS PAID UNDER THESE TERMS BY THE LICENSEE TO THE COMPANY IN THE 3 MONTHS PRIOR TO THE DATE THE CLAIM ARISES OR $100, WHICHEVER IS LESSER.
13. Competition and Consumer Act 2010 (Cth)
Nothing in these Terms excludes, restricts or modifies any condition, warranty, right or remedy which is conferred on the Licensee by the Competition and Consumer Act 2010 (Cth) or any other consumer protection legislation that cannot be excluded by mutual agreement (“Act”). Where the Company breaches a condition or warranty which has been implied by an Act, its liability for breach will be limited to (where permissible by the Act):
(a) in the case of the supply of goods, at the Company’s option:
(i) replacement of the goods;
(ii) supply of equivalent goods;
(iii) repair of the goods; or
(iv) payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) in the case of the provision of services, at the Company’s option:
(i) the supplying of the services again; or
(ii) payment of the cost of having the services supplied again.
14. Disclaimers – Medical
14.1 The Services include information and instructions relating to diet, yoga, exercise, fitness, mind health and meditation, and some of the products and services available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause 14 apply to all such information, instructions, products and services.
14.2 Before participating in any diet, yoga or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through the Services, We strongly recommend that you consult with a medical practitioner or other healthcare provider. The Company, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
14.3 The Company and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.
14.4 Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.
14.5 You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by the Company and/or in any Services. The Company and the Services should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, Pilates or other exercise or fitness program or making changes to your diet in order to determine whether the Services are appropriate for you.
14.6 We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in any diet, exercise, yoga or fitness program, or when using any diet or fitness products or services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by us, you assume the risk and responsibility for any such results or outcomes.
14.7 If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
15. Termination by Company
15.1 If the Licensee commits a breach of these Terms, the Company may at its discretion:
(a) require the Licensee to remedy the breach within seven (7) days of providing the Licensee with notice to rectify the breach; or
(b) terminate these Terms without further notice and prevent the Licensee’s access to and use of the Application.
15.2 Without limitation, the Company may refuse to permit Registration or re-Registration of any person or entity for any reason. The Company may discontinue or suspend your access to the Application at any time, in its sole discretion. The Company may terminate the continuation of the Application, or terminate your license to use or access the Application, at any time and for any reason. You agree that the Company is not liable to you or any third party for such prevention, termination or suspension of your use or access to the Application.
15.3 If the Company commits a breach of these Terms and fails to remedy that breach within 14 days of being requested to do so, and such failure prevents the functioning of the Application for the Purpose, you may immediately terminate these Terms by notice in writing to the Company.
15.4 Upon termination of your Registration or these Terms, you may be limited to read-only access to the Application or will be prevented from accessing the Application.
15.5 Any termination of these Terms is without prejudice to any other rights and remedies that the Company may have in respect of a breach.
15.6 Any provision of these Terms which is capable of taking effect after termination of the agreement between the Company and the Licensee continues in full force and effect and will survive the expiry or termination of these Terms.
16.2 These Terms constitute the entire agreement between the parties relating to the subject matter of this agreement and supersede all prior communications and agreements between the parties as to its subject matter, and each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind in relation to the subject matter of these Terms.
16.3 We may use information for research, quality control and development purposes, such information will be in a strictly de-identified manner.
16.4 If any provision of these Terms or any part of it is unenforceable or void for any reason, then:
(a) where such provision can be read down as to give it a valid and enforceable operation of a partial nature it must be read down to the extent necessary to achieve that result; and
(b) in any other case, such provision must be severed from these Terms in which event the remaining provisions will continue in full force and effect as if the severed provision had not been included.
16.5 The Licensee must not, without prior written consent of the Company assign, lease, charge, sub-license, or otherwise transfer any of its rights or obligations under these Terms in whole or in part.
16.6 Any delay or forbearance by either party in enforcing any provisions of these Terms or any of its rights hereunder will not be construed as a waiver of such provision or right to subsequently enforce the same.
16.7 Clause headings have been included in these Terms for convenience only and must not be considered part of, or be used in interpreting, these Terms.
16.8 These Terms are governed by the laws of Victoria, Australia and the parties submit to the exclusive jurisdiction of the Courts of Victoria, Australia and the Commonwealth of Australia.
17. Contact Details:
Address: 163 Eastern Road, South Melbourne, 3205, VIC