Terms and Conditions
Thanks for being part of our #girlgang. We love having you as part of our community.
This page sets out the terms and conditions (Terms) on which we, Bod Squad by Rikki-Lee (ABN 96 199 014 362) (we, us or Bod Squad by Rikki-Lee), provide our services. Please read these Terms carefully before using the Service, as your use the Service is subject to these Terms. Use of your personal information submitted via our website is governed by our Privacy Policy.
By using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy you should cease using the Service immediately.
We reserve the right to change these Terms from time to time.
1. DEFINITION OF TERMS
1.1. Service: means online exercise, fitness and health services provided by Bod Squad, on Zoom, our website, private Facebook community, or other mediums as may be available from time to time.
1.2. Bod Squad by Rikki-Lee (ABN 96 199 014 362) is registered at 13 Horizon Dr, West Ballina, NSW, 2478 (also referred to as we or us in these Terms).
1.3. 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
2.1. When you purchase the Service or register an account, you must provide us with personal information such as your name and email address. We may also request additional personal information such as your age (or age range), gender and health information. We will handle all personal information we collect in accordance with our Privacy Policy.
2.2. Username and Password: If you choose to create an account, using your email address/username you will be required to select a password. You are responsible for keeping this email address/username and password secure and are responsible for all use and activity carried out under this email address. You must not share, give or sell your email address/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 Service, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the Service.
2.4. Revision of Terms: We may revise these Terms at any time. 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 Service, 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 Service 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. FEES
3.1. You acknowledge and agree that you must pay Bod Squad by Rikki-Lee the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Fee).
3.2. Your access to the Service is conditional on you paying the Fee.
3.3. All prices are in Australian Dollars (AUD).
3.4. Payment of the Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Membership (Membership) can be activated. If your initial payment authorisation is revoked, your Membership will be terminated.
3.5. Payment of the 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 Fee is rejected, invalid or otherwise unsuccessful, your Membership may be automatically cancelled.
3.7. All payments made are non-refundable.
3.8. Notwithstanding clause 3.7, in the event that you need to cancel your Membership, a pro rata refund may be available for the unused portion of your Membership. All cases will be considered on a case by case basis. Bod Squad by Rikki-Lee does not warrant that a refund will be given in any circumstances.
3.11. Upon cancellation of your Membership, you will no longer be permitted to have access to or the benefit of the Service at the end of your paid subscription period
3.12. You acknowledge and agree that Bod Squad by Rikki-Lee 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 Fee.
4. LICENCE
4.1. Terms of permitted use: You are permitted to use the Service for your own personal non-commercial use on the following basis:
4.1.1. You must not misuse the Service (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 of the Service and in the material published on it, our website or private Facebook group (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.
4.1.3. You are not allowed to use, disseminate or reproduce any of the materials 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 Service may not be used, and no part of the Service may be reproduced 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 (Zoom) through which the Service is provided is 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 authorise 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 Bod Squad by Rikki-Lee 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: info@bodsquad.com.au
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. 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. Bod Squad by Rikki-lee, 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. Bod Squad by Rikki-Lee 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 Bod Squad by Rikki-Lee and/or in any Services. Bod Squad by Rikki-Lee 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 Service, at any time without notice.
9.2. Viruses and Malware: Bod Squad by Rikki-Lee 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 Services 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 Bod Squad by Rikki-Lee. Content created by third parties is the sole responsibility of the third party and Bod Squad by Rikki-Lee does not endorse, warrant or guarantee its accuracy and/or completeness.
10. LIABILITY
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 (including the use, inability to use or the results of use of the Service) 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 Service, 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 Bod Squad by Rikki-Lee 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. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the law of New South Wales. 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 New South Wales.