BodyBAM Terms and Conditions

References throughout the Terms & Conditions to “our”, “we” or “us” are references to BodyBAM LLC, PO Box 190114 Miami Beach FL 33119 USA, trading as BodyBAM and its subsidiaries, associates and officers, unless otherwise specified. This online merchant is located in the United States.

These Terms & Conditions govern the supply by us of any service or product ordered on the following websites (a) http://www.avrilmathie.com and (b) https://www.bodybam.com including the use of the information services provided through these websites. By agreeing to register on the Website, order a service or product, you agree to be personally bound by these terms and conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. By agreeing to order a service or product you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian. If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this website and ensure they abide by these terms.

Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  1. We, Our, Us, BodyBAM refers to BodyBAM LLC and its affiliates, who for the purposes of these terms and conditions refers to any entity we own, operate or control (whether directly or indirectly) at present or in the future and/or that has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of us;
  2. Affiliates refers to any of our associated entities as it is defined in the Corporations Act 2001 (Cth);
  3. You or Yours refers to you, the person gaining access to the Website and agreeing to the Terms and Conditions of its use;
  4. Party refers to any one/s that are partial to these terms and conditions and includes that party’s administrators and successors and where a party consists of multiple people, then these terms and conditions are equally binding upon them all;
  5. Website collectively refers to either or all of www.avrilmathie.com, www.bodybam.com, Forum, Program and any products or services offered in or provided by the websites;
  6. Program refers to your membership to the Website and receipt of the E-book;
  7. The E-book refers to “The BodyBAM Bible” e-book owned by BodyBAM LLC that is received upon registration to the Program;
  8. The Forum refers to the interactive forum within the members access section of the Website and also the private Facebook group “BodyBAM Babes” where members are able to communicate together;
  9. Register, Registration means registration to the Program;
  10. One gender includes the other gender;
  11. The single includes the plural and the plural includes the singular.

Ownership

Copyright © 2016; this copyright notice applies to the websites:

(a) http://www.avrilmathie.com, and

(b) https://www.bodybam.com

that are owned by Avril Mathie and BodyBAM LLC respectively.

All information available from the Websites and the E-book, have emerged as a result of Avril and her clients’ personal experiences, Avril’s knowledge learnt over time and through first hand experience, government recommendations and/or scientific literature as referenced. Therefore this information and material is copyright, 2016 © Avril Mathie. Except for any functionalities or information provided by external websites or third parties, all parts of the Websites, Forum or E-book (including content, recipes, exercise programs, materials, graphics, icons, text, logos, sound recordings, video, software and advertisements) are owned by us. Information sourced from a third party may also be copyright owned by that third party. We reserve all rights.

Intellectual Property

In downloading any content from the Website, you do not receive any ownership rights to such content. Further, you agree not to use any downloaded content for any unlawful purpose. Upon Registration to the Program and in accordance with these terms and conditions, you are granted a non-exclusive, limited, revocable, non-transferable and non-sublicensable license to access, view, listen to, print and use this Website, E-book and its content solely for your personal, non-commercial purposes. Otherwise to the extent allowable by law, no part of this Website or E-book may in any form or by any electronic, photocopying, recording, mechanical, in person or any other means be reproduced, stored in a retrieval system or be broadcast, sold, transmitted, uploaded to any third party, posted on any social media site or forum, distributed, modified or otherwise dealt with in any way that would infringe our intellectual property rights, without the prior written permission of the publisher, BodyBAM LLC.

Some examples of unauthorized conduct under these terms are:

  • Using the Licensed E-Book or Website on more than one device or computer system concurrently.
  • Publishing or posting any of the content from the Website or E-book (such as recipes, exercise programs or other information) on any other website including social media
  • Allowing access to your account by another person/s
  • Sharing content from the Website or E-book with other person/s
  • Making the Website or E-book available over a network where it could be used by multiple devices at the same time
  • Using the logo, trademarks or the phrases “BodyBAM”, “Avril Mathie” or “Body By Avril Mathie” (or anything deceptively or substantially similar) to promote, describe, advertise or sell any goods or services.
  • Registering or using any social media pages, accounts or websites that misrepresent or are likely to misrepresent any affiliation with, or endorsement by us or Avril Mathie.

From time to time, we may monitor your use of the Website to maintain adherence to these Terms. Such monitoring may include:

  1. IP addresses used to access the Website and times of access
  2. The nature and frequency of any downloads.

You agree that your use of the Website will not violate any laws without limitation, including those governing obscenity, spamming, stalking, consumer protection laws, privacy, competition, advertising, intellectual property rights and/or defamation in the United States and when accessed in another jurisdiction the laws of that jurisdiction and United States law, as long as the laws are consistent, and if not you agree to be bound by the laws of Florida, USA.

If we reasonably suspect that you are in breach of these terms, we may suspend, limit or terminate your access to the Website at our discretion.

Permitted Use of the Website

Using the Website and any of its features, functionalities and content in any way other than as expressly allowed by us in these terms is prohibited and may result in immediate suspension, limitation or termination of your membership and/or legal proceedings, at our discretion.

When you register as a member, you will be given a password and account. You will not disclose them to anyone else or allow anyone else to use your account and password. You are wholly responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be access or use by you. This also applies to any purchases made through your account. You agree to pay for our services in the manner specified on the website.

If you, or a user on whose behalf you have registered (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account without refund, and take appropriate legal action (if we decide to) against you alone. Further you acknowledge that BodyBAM is entitled to suspend or terminate your use of the website or membership at any time if we consider that you have brought, or may bring, the reputation of BodyBAM or its members into disrepute.

In using any interactive facility of the Website (such as the Forum), you also acknowledge and agree that:

  • You are legally responsible for all content you submit
  • You will not post any content that is defamatory, intimidating, offensive, threatening, harassing, hate mail or speech, racially or sexually vilifying, illegal, or pornographic, or facilitate or encourage others to do so by any means, and at our discretion.
  • You will not post any material or engage in any behaviour that is or could be reasonably deemed to be predatory, or in any way designed to solicit information from anyone under 18 years of age.
  • We may cooperate with and/or notify any authorities of any of your activities in connection with the Website, including providing any and all of the information that we hold about you, whether personal or otherwise.
  • You will not collect email addresses, other personal information or photographs from other users of the Website.
  • You will not attempt to bypass security features of the Website
  • You will not represent yourself as anyone other than yourself, post any false or misleading content or make any kind of misleading or deceptive representation.
  • You will not knowingly post or transmit any material that may contain any harmful data, code or viruses.
  • Any posts of a commercial nature are not allowed on the Website, including the posting of advertisements, external links, promotional material, “spam”, or any other information or material that we may classify as contrary to our commercial or lawful interests.

User-Generated Content

As a user of the Website, this may allow you to post photos, personal and other information and other content (including in live chat and forums), and may allow you to see User Content uploaded by other person/s.

The Website may include functionalities that allow you to control whether or not your submitted User Content is viewable by the public and other users of the Website (Privacy Settings). We will use our best efforts to ensure that the Website properly maintains your selected Privacy Settings, but we cannot guarantee that the implementation of such measures will be error-free.

Because of this, you should carefully consider your decision to upload any User Content to the Website. You should also be aware that if your User Content is downloaded by any other person (whether authorised or not), then neither you nor us might be able to control further publication or disclosure of that User Content.

If you discover improper implementation of your Privacy Settings, please notify us immediately so that we can investigate, and correct the error if necessary. To the extent permitted by law, we are not liable for any loss or damage that may arise in connection with incorrect implementation of your selected Privacy Settings.

By posting or otherwise making available any User Content on this website:

  1. you sanction that you independently created that User Content, or have all the necessary rights and/or permissions to submit it;
  2. you grant us an irrevocable, worldwide, royalty-free, eternal and non-exclusive license of the intellectual property rights in the User Content to publish, broadcast, display, distribute, transmit, communicate, reproduce, adapt, modify or use in any way that we choose, subject to reasonable measures to implement the Privacy Settings that you have selected;
  3. you sanction that your User Content and the license that you grant to us in paragraph (b) does not infringe the rights of any other person, and you agree to indemnify us against any claims by a third party arising from your use of the Website in breach of this paragraph; and
  4. you consent to us (and any person/s we authorise) to the maximum extent permitted by law, doing anything in relation to your User Content that may infringe upon your moral rights that you may have in the User Content. If in any jurisdiction a waiver is required rather than your consent, then you waive any moral rights you may have.

We have the right, but are not obliged to review and monitor all User Content, and at our discretion and without prior notice may modify or remove User content for any or no reason. We do not authorise or endorse any User Content and accept no responsibility for the accuracy, decency or legality of any User Content, including (but not limited to) organizing of events and activities.

Subject to your Privacy Settings and our reasonable effort to implement them, you acknowledge that your User Content will be displayed on the Website and other users may view, download and/or use your User Content. We accept no responsibility for the way in which other users use your User Content.

If you wish to report any User Content that does not comply with these terms, or believe that any User Content is an infringement upon your rights, please get in touch with us at support@bodybam.com.

Third Party Websites

In parts of the Website or E-book, there may be links to third party internet sites. The content of these sites is beyond our control and we cannot guarantee their accuracy or legality. Further, we cannot ensure that such websites will be free from viruses or other malware that may impact your viewing device. We take no responsibility for any loss or damage that arises from your use of the link to a third party site.

Conditions of Use

Fit to participate

A moderate level of fitness is required to be able to participate in the BodyBAM exercise programs.

Before starting any fitness regime, including this one, you should consult with your health professional to ensure that your current health is of a state fit to participate in exercise, and to become aware of any restrictions that may apply to you.

Medical Disclaimer

We are not a medical service or organisation and we do not and cannot give you any form of medical advice or assistance. All information provided is of a general nature and is not tailored to suit any specific health problems, injuries or medical conditions. You should not take or understand anything in the Program as medical advice, nor should it be interpreted in substitution for any medical advice or used or referred to instead of seeking appropriate medical advice from qualified practitioners for your particular needs and/or circumstances. It is solely your responsibility to evaluate and assess your own health and wellbeing and whether, once all factors have been considered, you should access and use the Website and/or participate in the Program and/or its products and services.

Recommendations

In parts of the BodyBAM program, we may provide recommendations based on data that your provide. These recommendations are automatically generated responses that are pre-programmed and do not take into account all factors that may be relevant to you. Although detailed and specific information is provided, you must not rely on these recommendations for your own health needs as they are provided for general information purposes only aimed at a broad audience (that is outlined on the Website) and should not be considered as medical advice or opinion, and is not intended to overrule or interfere with any other professional advice, treatment or diagnosis an individual may have received.

Nutritional Information

Nutritional information provided by us is taken from sources provided by third parties, including the Australian government’s National Health and Medical Research Council (NHMRC) and Food Standards Australia and New Zealand (FSANZ). You should carefully consider the accuracy, completeness and relevance of this information for your purposes, and possibly obtain appropriate expert advice relevant to your circumstances before relying on any nutritional information made available by us. NHMRC and FSANZ have made considerable effort to ensure the quality of information provided, however, none of NHMRC, FSANZ, BodyBAM or any other provider of nutritional information on the website gives any warranty that the information is free from error or is suitable for your personal requirements.

BodyBAM does not encourage or promote poor body image or extreme eating regimes and its authors should not be held liable for the interpretation or use of any of the information provided. The authors or publishers make no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained, or referenced to, in this document. The authors or publishers do not assume any risk for your use of this information as such materials or content may not contain the most recent information.

Risk

You agree that your participation in the Program and/or use of the Website and/or products and services is at your sole risk.

Website Quality

While we will always endeavour to deliver the best and highest quality experience possible, we cannot always guarantee that the website will be error-free or will deliver an uninterrupted service. High resolution videos and images may not be viewable using a low-speed internet connection. We cannot guarantee the receipt of emails and other communications (eg. via social media).

Limitation of Liability

Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, under no circumstances shall we (or our employees, agents and subcontractors) be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

Total Liability

To the extent permitted by law, our total liability in respect of all claims in connection with this agreement (whether based in negligence or any other tort, statutory liability, contract, or otherwise) will be the total sum of all fees paid by you under this agreement up until and including the date the cause of action accrued.

Indemnity

You agree to indemnify us and our subcontractors, employees, and agents from and against any third party claims and all losses, damages, costs and expenses (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, that arises as a result of you breaching of these terms.

Cancellation

At any time, you may cancel your registration to the Website by notifying us at support@bodybam.com. Please be aware that a refund will not be issued upon cancellation. We will then deactivate your membership, your account, and archive any information about you or your account or stored in our system, and can cease to provide any further information to you. For legal reasons, your archived information will be stored for 7 years from the date of Registration before it will be destroyed.

Payments

By placing an order, you make an offer to purchase the relevant corresponding product or subscription. Orders are subject to our acceptance and you will be notified of this as part of the ordering procedure. Our acceptance and your continued access to the Website are always subject to payment first being made by you.

For most financial transactions, we anticipate that we will use the Stripe payment gateway or a similar service. As we are not able to access your credit card information or other financial details, you agree that we will not be liable for any loss you may incur unless due to fraudulence of our employees or us.

All purchases are inclusive of GST and you will be issued with a tax invoice from us acknowledging receipt of your payment.

Has my order been successful?

Each successful order transaction will receive a confirmation email of the order within 30 minutes of the purchase. If you are yet to have received an order confirmation email, please check your order summary in “My Account” (if you have an account) or your email junk folder. Alternatively, contact us to confirm the placement of your order.

Receipt of Purchase

Upon successful Registration to the Program, you will be sent the E-book and instructions on how to activate your account via email. Please note that this is an online product and no physical product will be mailed to you.

Warranty

The products and services of the Program are intended to be implemented completely; although sometimes they are not, which could result in a lack of progress or results for the user. If you implement the recommendations, products and services of the Program correctly, you should achieve the intended result, however it must be disclaimed that even if the Program is fully implemented by a user, there is still a possibility that the user will not achieve the intended result. The chance of this occurrence is extremely low, as it has never happened before for users that were fit to participate prior to and during every stage of the Program and that have correctly and completely implemented the Program.

Therefore, subject to the rights granted to you under statutory consumer protection legislation, which cannot be excluded, due to the nature of the Program and any components, products and services offered as part of the Program, we provide no warranty as to any outcomes or results associated with your use of the Program, nor in respect of any use of the products or services offered by the Website.

Refunds

Any claim for a refund will be considered on a case by case basis and at our sole discretion, we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim.

Upon receipt of a refund your agreement with us is at an end and we will cancel your account as outlined above. You agree that this is your sole remedy to any reason you had for requesting a refund whether disclosed to us or not, other than any rights that may be available to you under the Unites States Consumer Law.

Collection of Personal Information

Please read our Privacy Policy.

Variation

At any time, you are bound by the latest version of the Terms and Conditions. We may amend or add to these terms at any time. We will provide additional notice to you via the email address you have provided us where there are material changes to these terms and conditions that could adversely affect users of the Program.

Governing Law

The laws of Florida, USA govern these terms and conditions and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “intellectual property”, “user-generated content”, “limitation of liability” and “indemnity”.

These Terms and Conditions form the entire agreement between you and us in relation to the Website and your use of it. Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.


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