IMPORTANT – READ CAREFULLY: These terms are a legally binding agreement between you and Body of Evidence Pty Ltd ACN 690 968 113 (“we”, “us” or “our”) covering access to and use of our websites and content services. We are an Australian corporation and we do business in Australia.
You must read these terms carefully before interacting with any of our websites or services.
We may modify these Terms from time to time. It is your responsibility to check for the most current terms, having regard to the effective date printed at the top of these Terms. You agree to any amended Terms by using our websites or services in any manner once that amendment is posted on our websites and takes effect.
Your use of our websites and services are conditional on your acceptance of these Terms. By using or continuing to use our websites or services, or asking us to provide any services to you, you agree to be bound by these Terms.
Body of Evidence provides content in relation to general health, fitness and exercise programs. This content is provided for informational and entertainment purposes only.
We do not provide medical or health advice and nothing in our websites or services should be taken as advice. We do not evaluate any particular circumstances of your case. Our websites and services may not be appropriate for your circumstances.
You acknowledge that you are solely responsible for any physical exercise or training that you undertake, and that strenuous or incorrect exercise or training (not undertaken in a reasonable and responsible manner relative to your condition) may cause damage to your health and wellbeing or personal injury to you.
We do not provide medical or health services. If you have or suspect you have a medical or health issue, you should promptly consult with your doctor or other licensed medical professional.
Our websites and services are similar to a book, and you should not rely upon our websites and services as the information provided therein may not be applicable or suitable for you.
If you have pre-existing injuries, physical restrictions, or are unsure about any movement, please consult a physiotherapist, medical doctor, or other qualified health professional before starting any program or technique set out within our websites or services.
If our website links to or refers you to a third party site, any interaction and relationship you have with that third party is at your own risk.
To use our websites and services, you require a computer or mobile device with an operating system and web browser, and internet connection.
We do not charge any fees to access our websites or services. However:
If you request specific or tailored services from us that we agree to provide, we may charge for those services which will be subject to a separate agreement.
You are responsible for all third-party costs associated with accessing our websites and services, including any costs from internet service providers or telecommunications carriers.
We implement industry standard processes and take reasonable measures to secure our websites and services from unauthorised use and to protect the integrity of content. You must comply with our reasonable directions that relate to the integrity and security of our website and services.
You acknowledge that any transmission of data over the internet is inherently risky. You acknowledge and agree that you are responsible for the security of devices that are used by you to access and use our websites or services, and for the security of your computer network.
If use of our website or services require use of an account, you must comply with any rules on account creation and will be responsible for maintaining the confidentiality of your username and password combination, and for all activities that are conducted through or under your account.
We may change, modify or remove some or all of the features of our websites or services at any time and at our sole discretion. If you do not agree with these changes you should cease use of our websites and services.
We do not promise that our website and services will be available indefinitely, for any period of time, or during any time period. We do not promise that features you like about our website and services always will be available.
You must use our websites and services in a responsible and reasonable manner having regard to its purpose. You cannot use our websites or services in a way that is against the law or that harms us or our officers, partners, subscribers, affiliates or suppliers.
Without limiting the foregoing, you must not:
Use our websites or services to document, reproduce, share or store pornographic or adult material, defamatory material, or illegal material;
Use automatic scripts or programs (including web crawlers) to access or attempt to gain access to our websites or services;
Remove or alter any copyright, trademark, logo or other proprietary notice or label appearing on or in our websites, services or content;
Reverse engineer, decompile or disassemble our websites, services or content, or otherwise attempt to derive source code or other confidential information of ours, and then only to the extent expressly permitted by law;
Create any derivative works or adaptations of our websites, services or content;
Resell our websites, services to content to any person;
Frame any website;
Use our websites or services other than as expressly permitted by these Terms or in any manner that we reasonably determine to be inappropriate or excessive.
Due to regulatory or technical restrictions, you may not be able to access our websites or services from every location in the world.
Specifically, we do not warrant or represent that any content that may appear in our websites or services:
Is true and correct, and not misleading or deceptive;
Does not infringe any third party’s intellectual property rights or other proprietary rights;
Does not breach any law;
Is not offensive, defamatory or otherwise inappropriate.
If you believe any content located in our website or services infringes your rights or is otherwise unlawful, please immediately contact us.
The websites and services (and the content including videos available from our websites and services) comprise our intellectual property, which are protected by copyright and other intellectual property laws.
You have no right to use our trade marks or brands unless explicitly provided for in a separate trademark licence agreement.
From time to time, you may send us suggestions, materials, information, ideas or concepts relating to our websites and services (Ideas). You hereby grant us a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) to use such Ideas as we see fit, without payment of a fee. Without limiting the foregoing, no Idea will be subject to any confidentiality obligation.
We hold any personal information that you provide to us in accordance with our privacy policy, the current version of which is located on our website at [insert link].
You acknowledge and agree to be bound by the terms of our privacy policy.
You must not do anything that puts us in breach of any privacy law or our published privacy policy.
You must obtain all necessary consents, and provide all necessary collection notices, relevant to our use of the websites and services, including those required by any privacy law in relation to the collection, use, disclosure and storage of personal information of any individual whose personal information may be provided to us, directly or indirectly.
While we strive to provide accurate information, we make no guarantees about the completeness, reliability, or suitability of the content within our websites or services for your specific circumstances. Use of this information is solely at your own risk.
We make no representation and give no warranty relating to your access to or use of our websites or services, or content within our websites and services.
To the extent permitted by law, our websites and services are provided on an "as is" basis and we exclude all liability, including in tort (including negligence), contract and otherwise.
Without limiting the foregoing, due to the nature of the internet and software programs, at any time you may experience errors, poor network performance and other issues that detract from use of our websites or services. We do not warrant that our websites or services will be constantly available or that you will have uninterrupted and error-free access to the website or services, or that content will be fit for any purpose.
If we suspect that you have breached any of these Terms, we have the right to suspend or permanently terminate your access to our websites and services. We reserve the right to take any such action without prior notice.
You hereby defend, hold harmless and indemnify us and our related bodies corporate and personnel (the Indemnified Parties) from and against any loss suffered or incurred by the Indemnified Parties arising out of or in connection with any material breach by you of these Terms.
Unless required by law, no terms are implied into these Terms. If we are found to be liable to you (including in contract, tort (including negligence) or otherwise) for implied warranties or statutory guarantees that cannot be excluded or otherwise, our liability is limited in all circumstances to one of the following options, as selected by us:
Resupply of the relevant service;
Supply of a similar service.
Notwithstanding sub-clause (b) above, to the fullest extent permitted by applicable law, our total cumulative liability to you in connection with these Terms or use of our websites and services, whether in contract or tort (including negligence) or otherwise, will not exceed AUD100.
Notwithstanding any other clause of these Terms, to the extent permitted by law, we exclude all liability for any loss of or damage to data or content, loss of profits, loss of revenue, loss of privacy, damage to reputation and goodwill, and loss of business, and any consequential, indirect or special loss or damage.
These Terms contains the entire agreement between the parties with respect to its subject matter.
No failure to exercise or delay in exercising any right, power or remedy under these Terms operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy.
Any provision of these Terms which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms nor affect the validity or enforceability of that provision in any other jurisdiction.
We carry on business in Australia. We do not carry on business in an other jurisdiction.
These Terms and, to the extent permitted by law, all related matters including non-contractual matters, is governed by the laws of Queensland, Australia. In relation to such matters you irrevocably accept the non-exclusive jurisdiction of courts with jurisdiction in Queensland and waives any right to object to the venue on any ground.
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