TERMS & CONDITIONS
The website is operated by THE BOD. Your use of the website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below (“Terms and Conditions”). You should read them now. Your use of the website constitutes your agreement to the Terms and Conditions.
THE BOD reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the website after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.
Any order placed by you in the manner described in this website is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified in this website at the time you place your order on these Terms and Conditions. THE BOD reserve the right to accept or reject your offer for any reason, including, without limitation, the unavailability of any product, an error in the price or the product description posted on this website or an error in your order. Your contract with us only comes into existence when it forwards confirmation of receipt of your order and payment.
Prices of products, services, delivery and other charges displayed on this website are current at the time of issue, but may change at any time and are subject to availability.
Goods and Services (GST) and other taxes
Prices displayed on this website are inclusive of GST applied at the rate of 10%.
THE BOD will retain title to the products you order until you have made payment in full for those products. All risk in the products will pass to you upon their delivery to or collection by a postal or courier service. You should consider whether to obtain any suitable insurance.
Returns and Refunds
The circumstance in which we are obliged to make a refund or return is detailed in our Returns Policy.
Limitation of Liability
THE BOD will in no way be liable for any direct, indirect, incidental, special or consequential damages, resulting from use or inability to use the website or for the cost of procurement of substitute products or resulting from any products purchased or obtained or messages received or transactions entered into through the website or resulting from unauthorized access to or alteration of your transmissions or data or of any information contained on this website, including but not limited to, damages for loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages.
Where any Act of Parliament implies in the Terms and Conditions any term, condition or warranty, and that Act avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of, or liability under such term, condition or warranty, such term, condition or warranty shall be deemed to be included in the Terms and Conditions, however, the liability for us on any breach of such term, condition or warranty shall be limited, at our option, to any one or more of the following:
if the breach relates to goods:
- the replacement of the goods or supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach to relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
THE BOD App
- THE BOD APP is operated by THE BOD and your use of the app is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers set out below. Using The BOD APP constitutes your agreement to the Terms and Conditions.
- THE BOD reserves the right to amend the Terms and Conditions at any time and without notice to you. Your continued use of the App after any amendment becomes effective constitutes an agreement by you to abide and be bound by the Terms and Conditions, as so amended.
- By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensable Licence to personally access and use for non-commercial purposes THE BOD APP. All other uses are prohibited without our prior written consent.
- This Licence shall continue until terminated in accordance with this agreement.
Agreement and Subscriptions
- In accessing, registering or using THE BOD APP, including any and all webpages, the program and/or the services and products, information, text and images offered or provided on the website, you are deemed to have read and agreed to the Terms and Conditions.
- Payment for each subscription is governed by these Terms and Conditions as well as our Billing Terms which form part of these Terms and Conditions.
- We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.
- Without limitation, THE BOD APP is available only to individuals with whom only legally binding contracts can be formed under Australian law.
- We have the right to refuse to deal with you at any time. This includes the suspension or termination of your subscription.
- You agree to provide accurate and truthful details about yourself for the purposes of your subscription and for the program and we reserve the right to suspend or terminate your subscription if we discover you have provided inaccurate, incomplete or misleading personal information at any time.
- We may use third parties to assist us to provide our services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function, however they cannot use your information for any other purpose.
Renewal & Termination
- Your subscription will automatically renew for the same term of your initial subscription unless you opt out within 24 hours prior to your next scheduled payment.
- You may cancel your subscription (you will not receive a refund if you cancel) to THE BOD APP by notifying us through email and we will deactivate any account in your name.
- THE BOD are not responsible for any delays or interruptions to THE BOD APP. We will always use reasonable efforts to minimise delays and interruptions however we cannot guarantee that the App will be available at all times or at any given time.
Risk and Limitation of Liability
- The information provided in THE BOD Exercise Program is not intended to replace medical advice. Before beginning this or any other nutritional or exercise regime, consult your physician to be sure it is appropriate for you.
- Please note that THE BOD was not created by medical practitioners, however was developed by a team of qualified nutritionists and master trainers with many years experience in the health and fitness industry.
- The nutritional and exercise program, along with associated information and advice from THE BOD offer health, fitness and nutritional information which is designed for educational purposes only. You should not rely on this information as a substitute for professional medical advice, diagnosis or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other accredited healthcare professional.
- The percentages in the exercise program are outlined as a goal only. In many cases the percentages, if achieved, will result in a calculation greater than your previous One Rep Max (1RM) accomplished. Ideally, we would love to see an increase in your strength with each session. So aim to push hard but don’t be disheartened if you cannot reach the percentage goals outlined.
- The use of any information provided in THE BOD does not take into consideration any individual requirements, injuries or de ciencies that may be present.
- You expressly acknowledge that your use of the App and its products and/or services is at your sole risk.