These terms and conditions apply to the use of this Site, the BODYACTIVE mobile device application (“the App”), and the Online Exercise and Nutrition Program accessible via this Site and the App (“the Program”). The Site, App, Program and Online Content will be collectively referred to in these terms and conditions as “the Services”. In using the Services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, please discontinue using the Services. These terms and conditions must be read in conjunction with any other applicable terms and conditions (including additional guidelines and terms contained in the Program and Online Content) governing the use of the Services.

During your BodyActive subscription, subject to these Terms, BodyActive grants you a limited, non-commercial, non-exclusive, non-transferable, revocable license to access the Services for your personal use, through a generally available web browser or through a mobile computing device (“Mobile Device”), to view information on those areas of the Services generally available to all users and those areas of the Services for which you have subscribed. BodyActive reserves all rights not expressly granted herein in the Services. BodyActive may terminate this license at any time for any reason or no reason.

 

DEFINITIONS

“ACL” means the Australian Consumer Law Schedule of the Competition and Consumer Act;

“App” means that part of the Online Content delivered and made available via a mobile (eg smart phone) device, as contrasted to a laptop or personal computer device, and downloaded through a Participating App Store;

“Consumer” is as defined by the ACL;

“Contract” means any contract for the provision of Online Exercise Program by BodyActive to you;

“Online” means, for the purposes of these terms and conditions, being connected to the internet, whether by laptop, desktop, tablet or mobile device;

“Online Content” means the online content provided by BodyActive to You, including but not limited to the consumer Exercise & Nutrition content; ability to post comments; access various commentaries and writing; access other user generated content including text, photographs, images, graphics, videos and audio content offered and administered by BodyActiveByBritt via the Site or the App;

“GST” means the Goods and Services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 as amended;

“Legacy Member” means Members already subscribed to BodyActive Services, who will continue to be charged every month. The monthly fee of $27.99 applies to any new or returning member.

“Member Information” has the same meaning as in clause 5 of these Site Terms;

“Online Exercise & Nutrition Program” means the online courses on a variety of topics relevant to BodyActive including the Online Content purchased via the Site or the App;

“BodyActive” means Body Active By Britt Pty Ltd;

“Participating App Store” means the Apple App Store for iOS, the Google Play store for Android and any other mobile device application stores authorised by BodyActive to distribute the App as a third party distributor.

“Services” means the services provided by BodyActive which allows you to access the Online Content, Site, App and Program;

“Site” means the website www.brittactive.com;

”Site Terms” means these terms and conditions;

“Social Networking Services” means Facebook and any other Social Networking Service used in member account creation, login, or in relation to the provision of the Services.

“Terms” means Terms and Conditions.

“You” means the person, jointly and severally if more than one, using the Site or acquiring the Services or Online Exercise & Nutrition Program from BodyActive.

 

APPLICATION OF TERMS OF USE

1. The Services are owned and operated by BodyActive.

2. Through this Site or the App:

   • 2.1 you can subscribe as a client;

   • 2.2 purchase access to the Online Exercise Programs; and

   • 2.3 access the Online Content, subject to being eligible.

3. BodyActive may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and the App and notification being provided to you such as via an EDM. Your continued use of the Services after any amendment becomes effective and is notified to you will constitute your agreement to be bound by these Terms of Use, as amended.

4. BodyActive reserves the right to vary or modify the information contained on this Site or the App, to change or discontinue any feature or part of this Site or the App, to change the hours of availability and the equipment required to obtain access to this Site or the App, without notice and without liability.

 

MEMBERSHIP AND MEMBER INFORMATION

5. You may be prompted to register for access to the Services on this Site or the App and to submit certain information in order to fully utilise the Online Exercise Program provided (Client Information). The Client Information may include, but is not limited to, your name, contact details and credit card details.

6. Upon becoming a member, you will create a login and password. You are responsible for maintaining the confidentiality and security of your login and password details. The login is solely for you only. You are responsible for any and all activities on this Site or the App which occur under your login and password.

7. You will be able to access and modify your membership details from either the App or the Site.

8. If you create and register an account via the App, You may create your account and subscription manually on the App or via Facebook or other applicable third party social networking services (SNS) by permitting access to your SNS profile to populate account details.

9. Membership is non-transferable.

10. BodyActive may terminate your membership at any time by notice to You. You may terminate your subscription by cancelling at least 24 hours before the date when your next payment is due (you must cancel via the app store, BodyActive is not required to do this for you).

11. If you signed up for the App with a Participating App Store/Third Party provider, you may terminate your membership via the third party app store that supplied you the App at least 24 hours before the date when your next payment is due.

12. You are responsible for the content of all Member Information entered on this Site. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.

13. You must indemnify BodyActive for any losses, costs, expenses or damages that BodyActive may suffer or incur if any of the Member Information provided by you is not correct.

14. Body Active By Britt will not send unsolicited emails and works hard to ensure email best practices are adhered to. You are responsible to ensure that content emailed to you from Body Active By Britt isn’t collected in your own Junk or Spam filters and we cannot be held accountable for a loss of communication if this is the case. You can unsubscribe from email communications from Body Active By Britt at any time.

 

PAYMENT TERMS

Billing Cycle

15. Membership is purchased on a reoccurring monthly basis of $27.99 per month.

16. You authorise Body Active to collect/deduct payment immediately upon signup and thereafter on an automatic monthly , quarterly, bi-annual or, where relevant, annual basis.

17. The workouts can be completed as it suits you.

18. Users will obtain immediate access once signed up then obtain unlimited access to content and can start whenever comfortable.

19. Where a client cancels their membership, they will continue to have access to the program until the end of their current billing cycle.

20. BodyActive does not provide refunds for partial memberships or where a member does not wish to complete the rest of the months workouts due to cancellation of their membership at the beginning of the month.

21. If payment fails on the monthly billing date, payment will be put through BodyActive payment procedure but if continues to fail, Subscription will most likely be terminated.

22. For all clients, payments will be automatically every month and is a recurring monthly membership payment.

23. The recurring payment is not a contract. Clients can cancel the recurring payment by cancelling before the date when their next payment is due.

24. Unless you cancel your membership at least 24 hours before your monthly billing date, you authorise BodyActive to charge your next month’s  membership fee to your chosen payment method.

 

PRIVACY

25. BodyActive may collect, use, store, record and transmit your personal information entered on this Site. For further details, please refer to BodyActive’s Online Privacy Policy. Your continued use of the Site and your provision of your personal information constitutes your approval for BodyActive to deal with your personal information

 

SECURITY OF INFORMATION

26. Unfortunately, no data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any Member Information which you transmit to us. Accordingly, any Member Information which you transmit to us is transmitted at your own risk.

27. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such Member Information. You agree that you will not share your password, let anyone else access your account, or do anything that might put the security of your account at risk.

28. We reserve the right to remove your username or similar identifier in respect of your account if appropriate. You acknowledge sole responsibility for and assume all risk arising from your use of this Site or the App.

 

LINKS TO OTHER SITES

29. You may be able, through hypertext or other computer links, to gain access to other sites operated either by BodyActive, its affiliates or other third parties (Linked Sites) from time to time. Unless otherwise specified, the Linked Sites are not under BodyActive’s control. The Linked Sites may have different terms and conditions and privacy requirements. Unless otherwise specified, BodyActive is not responsible for the content of any Linked Sites, or any changes or updates to such sites. BodyActive provides these links for your convenience only. You link to any such Linked Sites at your own risk. BodyActive is not a party to any transaction between you and a Linked Site. Unless specified, BodyActive does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.

 

DISCLAIMER (USE OF THE SITE OR THE APP)

30. Body Active does not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the information available on this Site or the App (Information) or that it is suitable for your intended use. The Information is provided by BodyActive in good faith on an “as is” basis without warranty of any kind.

31. BodyActive does not warrant or represent that the Information is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. The use of this Site or the App and the Information is at your own risk.

32. All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of this Site or the Information is expressly excluded to the maximum extent permitted by law.

33. BodyActive makes no warranties, guarantees or representations that the material in this Site or the App will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Information accessed or downloaded.

34. BodyActive recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Information. The information provided on this Site or the App is not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.

 

LIMITATION OF LIABILITY (USE OF THE SITE)

35. BodyActive will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site or the App. Under no circumstances will BodyActive be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site or the App results in the need for servicing or replacing of equipment, BodyActive will not be liable for those costs.

36. Where liability cannot be excluded, any liability incurred by BodyActive is limited to the re-supply of the Information on the Site or the App or the reasonable costs of having the Information re-supplied.

37. BodyActive Cannot guarantee device compatibility with the App, or smooth running of the App on the member’s wireless carrier.

 

THIRD PARTY MATERIAL

38. Certain Information may include material from third parties.

39. You agree that BodyActive is not responsible for examining or evaluating the content or accuracy of the third party material and BodyActive does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

40. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that BodyActive is not in any way responsible for any such use by you.

 

INTELLECTUAL PROPERTY (SITE)

41. © Body Active By Britt Pty Ltd. All rights reserved.

42. You acknowledge and agree that all content, coding, graphics, and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws and remains the property of BodyActive or third party suppliers as the case may be.

43. No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without BodyActive’s prior written consent. However, you may download and print these Site Terms and the Online Privacy Policy for your personal non-commercial use.

44. All trade marks and trade names which appear on this Site are proprietary to 28 and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.

 

CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

45. BodyActive takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by BodyActive or individuals, groups or companies interacting with the Services, you can notify us at hello@bodyactivebybritt.com

 

SPAM

46. The publication of BodyActive’s email addresses on this Site is to facilitate communications relating to the Services supplied by Bodyactive. It must not be inferred as consent by BodyActive to receive unsolicited commercial electronic messages

 

MEMBER SUBMISSIONS / User Generated Content

47. From time to time, you may be able to post reviews and/or comments regarding the features of this Site or the Exercise Program & Services (Client Submissions). You irrevocably grant to BodyActive a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such reviews and comments throughout the world in any media. You expressly waive in favour of BodyActive all moral rights in any jurisdiction.

48. You agree not to post any review or comment that contains any unlawful, threatening, abusive, defamatory, obscene, or infringing material. If you do, you agree to indemnify BodyActive for any losses, costs, expenses or damages that BodyActive may suffer or incur as a result.

49. BodyActive reserves the right, but not the obligation, to review, edit or delete any Member Submissions that BodyActive deems to be illegal, offensive or otherwise inappropriate.

 

BASIS OF CONTRACT AND ORDERING ONLINE EXERCISE & NUTRITION PROGRAM

50. From time to time, BodyActive will offer BodyActive services for sale.

51. These Site Terms apply exclusively to every Contract.

52. Any quotation, displayed price, order list or order confirmation provided by BodyActive to you for the proposed supply of Online Exercise Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with BodyActive on these Site Terms.

53. A Contract is formed when BodyActive confirms acceptance of your order and receipt of your payment.

54. You must not purchase the Online Exercise Program for the purpose of re-supply.

55. BodyActive in its absolute discretion may refuse to accept any order from you.

 

PRICING AND PAYMENT FOR ONLINE EXERCISE & NUTRITION PROGRAM

56. You agree to pay for Online Exercise Program in the manner specified in these Terms and on the Site.

57. Prices displayed for the supply of Online Exercise Program include GST, and any other taxes or duties imposed on or in relation to the Online Exercise Program.

58. Subject to clause 65, payment for the Online Exercise Program must be made by credit card immediately prior to confirmation of your order. You will not be able to access the Online Exercise Program until payment is received.

59. You may have access to the Site as a returning customer and will be logged in as a member under your login and password to purchase the Online Exercise Program.

 

DELIVERY OF ONLINE EXERCISE & NUTRITION PROGRAM

60. BodyActive will make the Online Exercise Program available for access from the Site.

61. Any period or date for the access of the Online Exercise Program stated by BodyActive is an estimate only and not a contractual commitment.

62. BodyActive will use its reasonable endeavours to meet any estimated dates for access to the Online Exercise Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.

63. You must advise BodyActive in writing within 72 hours after been advised that the Online Exercise Program is available for access from the Site:

63.1 of the inability of the Online Exercise Program to be accessed;

63.2 if there is damage to the Online Exercise Program; or

63.3 that the wrong Online Exercise Program has been received.

64. Supporting program communications (e.g. emails and push notifications) will vary between individual members depending on your Program stream, activity levels and communication preferences.

 

CANCELLATIONS AND REFUNDS

65. If BodyActive is unable to deliver or provide the Online Exercise Program, then it may cancel your order (even if it has been accepted) by notice to you. In such circumstances, BodyActive will refund to you the purchase price.

66. No purported cancellation or suspension of an order or any part of it by you is binding on BodyActive  once the order has been accepted and payment confirmed.

67. You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit card statement as proof of purchase for these situations.

68. BodyActive will not otherwise provide any refunds so choose carefully. *We do not provide refunds should you change your mind after purchase.*

 

TERMINATION OF ACCESS

69. Access to this Site may be terminated at any time by us without notice. Our disclaimer in clauses 32 through 36 inclusive will nevertheless survive any such termination.

 

USE OF ONLINE EXERCISE & NUTRITION PROGRAM

70. You acknowledge and agree that all BodyActive services are protected by copyright or other intellectual property rights and laws and remain the property of BodyActive or third party suppliers as the case may be.

71. Other than as required to use the Online Exercise Program for your personal enjoyment and improvement, you may not and may not authorise any third person to:

(a) copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Online Exercise Program;

(b) modify or make any alterations, additions or amendments to any part of the Online Exercise Program;

(c) create derivative works from, any content, information, software, Online Exercise Program;

(d) convert the Online Exercise Program into an electronic format other than the one in which it was supplied;

(e) reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Online Exercise Program or reproduce all or any portion of the said components;

(f) remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.

72. Regardless of whether the Online Exercise Program includes security technology that limits your use of the Online Exercise Program, you must comply with these provisions or you may infringe copyright.

 

DISCLAIMER (USE OF THE ONLINE EXERCISE PROGRAM)

Personal Injury Disclaimer

73. BodyActive does not warrant or represent that the Online Exercise Program are free from human or mechanical error, technical inaccuracies or other typographical errors or defects.

74. Online Exercise Program may include material from third party authors or suppliers.

75. You agree that BodyActive is not responsible for examining or evaluating the content or accuracy of the third party material and BodyActive does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.

76. BodyActive, its authors or its suppliers may make changes to Online Exercise Program at any time in their sole discretion without notice or liability.

77. BodyActive reserves the right to suspend, remove, or disable access to Online Exercise Program at any time without notice or liability.

 

LIABILITY (ONLINE EXERCISE & NUTRITION PROGRAM AND SERVICE)

78. Except as the Site Terms or Exam Terms specifically state, or as contained in any express warranty provided in relation to the Online Exercise &Nutrition Program or Services, the agreement between you and BodyActive does not include by implication any other term, condition or warranty in respect of the quality, merchantability, acceptability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Online Exercise Program or the Services or any contractual remedy for their failure.

79. If you are a consumer, nothing in the Site Terms restricts limits or modifies your rights or remedies against BodyActive for failure of a statutory guarantee under the ACL.

80. Nothing in the Site Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.

81. You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by BodyActive in relation to the Online Exercise Program or the Services or their use or application.

 

MISCELLANEOUS

82. By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of Victoria. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

83. BodyActive’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of BodyActive’s rights.

84. If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.

85. A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.

 

LICENSED APPLICATION – ACKNOWLEDGMENT

86. These Terms and the license granted herein are between BodyActive and You. Where you create and register an account with the App Store, Apple is not responsible for this licensed application and the content thereof. This license is limited to a non-transferrable license to use the licensed application on any Apple-branded products the user owns or controls. Apple is not responsible for any maintenance and support, warranty, production claims, intellectual property infringement claims.

 

TO RETURN TO THE SITE

87. To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood and accepted the above Site Terms.

August 2021.