TERMS & CONDITIONS

Welcome to THE BOD!

In these terms, we also refer to THE BOD as our, we, or us.

And you are you!


What are these terms about?

These terms apply when you use this website, being www.thebod.com.au (Website).

These terms also apply when you purchase products through this Website (Products). 


How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products (applies when you buy)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Please let us know if you have any questions about these terms. Please don’t continue using this Website or purchase any Products unless you have read and agree to these terms.


I’ve returned to your Website, do I need to read these terms again?

Once you place an Order (defined below), the terms of Part A accepted at the point of sale will apply to your purchase of those Products. However, please note that we may change any part of these terms at any time by updating this page of the Website, so you may find that different terms apply next time you use this Website or purchase Products. You can check the date at the top of this page to see when we last updated these terms.


PART A

FOR WHEN YOU BUY PRODUCTS…

1. SUBMITTING AN ORDER

(a) By submitting an order for purchase of a Product using the Website's functionality (Order) you acknowledge and agree that:
(i) you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
(ii) you are authorised to use the debit or credit card you provide with your Order.

(b) Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

    (c) Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your Order is confirmed.

    2. ACCOUNT

    (a) You may submit an Order as a guest, or you may register for an account (Account) for faster checkout in the future.

    (b) If you register for an Account, you must provide true, accurate and complete information.

    (c) You agree that you're solely responsible for:
    (i) maintaining the confidentiality and security of your Account information and your password; and
    (ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

    (d) You agree to let us know if you detect any unusual activity on your Account as soon as you become aware of it.

    (e) We won't be responsible to you for, and exclude any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Account information or your password.

    3. PRODUCTS

    (a) We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you submitting your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

    (b) Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause ‎4. You agree not to refuse delivery.

    (c) Electronic Products such as ebooks and videos are delivered via a download link. Download links will be active for at least 14 days. If you would like to access your electronic Product after 14 days, please contact us.

    (d) All Products must be used in accordance with the manufacturer’s instructions and as the Product was intended to be used. If you are unsure about how to use a Product please refer to the manufacturer’s instructions or contact us. To the maximum extent permitted under applicable law, we will not be liable to you for any damage or injury (including death) suffered by you or another person arising from, in connection with, or related in any way with the use of a Product.

    4. PAYMENT

    (a) All prices are:
    (i) per item (except where indicated);
    (ii) in Australian Dollars; and
    (iii) subject to change prior to you completing an Order without notice

    (b) (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of submitting an Order.

    (c) (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing you with a tax invoice.

    (d) (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

    (e) (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products (including for example, Stripe and PayPal). The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

    (f) (Pricing errors) If we discover an error or inaccuracy in the price at which your Order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your Order at the correct price or cancelling your Order. If you choose to cancel your Order and payment has already been debited, the full amount will be credited back to your original method of payment.

    5. AFTERPAY

    (a) Afterpay is a payment option which allows you to purchase what you want now and pay off the remaining amounts payable over 4 fortnightly instalments. Late fees may apply if you miss your scheduled payments. Please refer to the Afterpay website for more information. Afterpay’s terms and conditions can be found here: https://www.afterpay.com/en-AU/terms-of-service. Afterpay may be selected as a payment method at checkout.

    (b) (Returns with Afterpay) Our returns process as set out in clause ‎9 will apply for Afterpay returns. Please ensure to continue paying any Afterpay instalments even after you have returned your Products. Remaining instalments will only be cancelled once the return has been processed. For partial returns, Afterpay will adjust your remaining instalment amounts.

    6. VOUCHERS and Discount Codes

    (a) We may provide promotional materials and codes offering a discount on the Products (Voucher). To use a Voucher, you will need to enter its code at checkout.

    (b) A Voucher may not be applied retrospectively to an Order. Vouchers are non-transferrable and cannot be redeemed for cash or store credit.

    (c) Additional terms or conditions may apply and these will be set out on the Voucher.

    7. DELIVERY AND SHIPPING

    (a) (Free Delivery) We may, at our discretion, offer free delivery in Australia on carts above a certain amount. The terms and conditions for free delivery will be set out on the Website.

    (b) (Delivery Costs) For any cart amounts that do not qualify for free delivery, delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

    (c) (Delivery Address) Please ensure your delivery address is correct. We will ship the Products to the delivery address you provide for your Order. If you have provided an incorrect address, please let us as know as soon as possible. We do not provide refunds if you have provided an incorrect delivery address.

    (d) (Tracking) You will receive a tracking number once your Order has been packed and provided to a third party courier.

    (e) (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to the third party courier in the first instance. We will use reasonable efforts to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not guarantee that your Order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

    8. CANCELLATION

    (a) (Cancellation by us) We reserve the right to cancel an Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

    (b) (Cancellation by you) You may cancel your Order up to the time that we confirm your Order by email. Once we confirm your Order, your Order is binding and cannot be changed.

    9. RETURNS AND REFUNDS

    (a) (Change of mind returns) We generally do not offer change of mind returns. If you are not happy with the Product and would like to return it, please contact us.

    (b) (Returns and replacements) We will only provide a full refund of the price paid for a Product or replace the Product if we determine that:
    (i) a Product you have ordered was not received by you solely due to failure by us;
    (ii) a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or
    (iii) a Product is faulty, in accordance with clause 9(c).

    (c) (Faulty products) The following process applies to any Product you believe to be faulty.
    (i) If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images). We reserve the right to further inspection before deeming a Product faulty.
    (ii) If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer's instructions, or failure to take reasonable care, we will refuse your return request.
    (iii) If we determine that the Product is faulty, at your choice, you will be credited the full amount paid (including reasonable shipping costs) or the Product can be replaced for the same Product. You must return the faulty Product to us if requested (subject to us paying reasonable shipping costs). All refunds will be credited back to your original method of payment.
    (iv) If you fail to comply with the provisions of this clause 9(c) in respect of a faulty Product, we may, in our discretion, issue only a partial refund or no refund in respect of the faulty Product.

    (d) Nothing in this clause 9 is intended to limit or otherwise affect the operation of any manufacturers' warranties which you may be entitled to or to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).

    10. INTELLECTUAL PROPERTY

    (a) We retain all intellectual property rights in the design of the Products, including the labelling and packaging, or those rights are owned by a third party. You must not attempt to copy, reproduce, manufacture or otherwise commercialise the Products.

    (b) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

    11. THIRD PARTY SUPPLIERS

    (a) We may do any of the following:
    (i) outsource any part of performing any services related to providing the Products, including the manufacture and delivery of your Products; or
    (ii) procure Products and any associated materials from third party suppliers; without further notice to or permission from you.

    (b) To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods.


    PART B

    FOR WHEN YOU BROWSE THIS WEBSITE…

    12. ACCESS AND USE OF THE WEBSITE
    You agree to only use the Website in accordance with these terms and any applicable laws.
    13. YOUR OBLIGATIONS

    You must not:

    (a) copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website;

    (b) use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;

    (c) use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

    (d) use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

    (e) use the Website with the assistance of any automated scripting tool or software;

    (f) act in a way that may diminish or adversely impact our reputation, including by linking to the Website on any other website; and

    (g) attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

    (i) gaining unauthorised access to Website accounts or data;

    (ii) scanning, probing or testing the Website for security vulnerabilities;

    (iii) overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

    (iv) instigate or participate in a denial-of-service attack against the Website.

    14. INFORMATION ON THE WEBSITE

    (a) While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
    (i) the Website will be free from errors or defects (or both, as the case may be);
    (ii) the Website will be accessible at all times;
    (iii) messages sent through the Website will be delivered promptly, or delivered at all;
    (iv) information you receive or supply through the Website will be secure or confidential; and
    (v) any information provided including in relation to any Products through the Website is accurate or true.

    (b) We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including Product descriptions, prices and other Website Content (as defined below).
    15. INTELLECTUAL PROPERTY

    (a) We retain ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings and pricing) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by us not expressly granted to you.

    (b) You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content.
    (c) In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world. 

    16. THIRD PARTIES

    16.1 THIRD PARTY CONTENT
    The Website may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

    16.2 THIRD PARTY LINKS
    The Website may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

    16.3 THIRD PARTY PLATFORM
    (a) This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you.

    (b) To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in submitting Orders.

    17. SECURITY

    We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

    18. REPORTING MISUSE

    If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us using the contact details or form provided on our Website.

    PART C

    LIABILITY AND OTHER LEGAL TERMS…

    19. LIABILITY

    (a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from, in connection with or relating in any way to this Website, these terms or any goods or services (including Products) provided by us to $100 AUD.

    (b) Except where we are considered the manufacturer by law, Products sold by us, will have only the benefit of any warranty given, and insurance held, by the manufacturer.

    (c) All other express or implied representations and warranties in relation to Products and the associated services performed by us are, to the maximum extent permitted by applicable law, excluded.

    (c) Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

    (d) (Indemnity) You indemnify us, our employees and agents from and against all liability for loss, damage or injury which is or may be suffered by any person arising from, in connection with or relating in any way with your or your representatives':

    (i) breach of any of these terms;
    (ii) use of the Website; or
    (iii) use of any goods or services (for clarity, including Products) provided by us.

    (e) (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under, in connection with or relating in any way with this Website, these terms or any goods or services (including Products) provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

    20. GENERAL

    (a) (Governing law and jurisdiction) These terms are governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    (b) (Waiver) No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    (c) (Severance) Any provision of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    (d) (Joint and several liability) An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    (e) (Assignment) You cannot assign, novate or otherwise transfer any of your rights or obligations under these terms without our prior written consent.

    (f) (Entire Agreement) These terms embody the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    (g) (Interpretation)

    (i) (singular and plural) words in the singular includes the plural (and vice versa);

    (ii) (currency) a reference to $; or "dollar" is to Australian currency

    (iii) (gender) words indicating a gender includes the corresponding words of any other gender;

    (iv) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

    (v) (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

    (vi) (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

    (vii) (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

    (viii) (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

    (ix) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

    (x) (includes) the word "includes" and similar words in any form is not a word of limitation; and

    (xi) (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

    Page Last Updated: May 2021