The following Terms of Use in conjunction with our Terms and Conditions constitute an agreement between Baybebluxe Pty Ltd trading as CSP PILATES ABN 87 623 442 571 (“CSP”) and you, a user of the CSP website (www.boutiquephysique.com.au) (“Website”) and/or client of CSP and/or a participant in its Pilates, Barre or Fitness classes or sessions (including via online delivery), or recipient of dietary or fitness advice or information (including via online delivery) (“I”, “your ”, “you”, “your”, “client”, “participant”) (“Programs”) (“Terms and Conditions”). These Terms and Conditions apply to your participation in any of our Programs and/or use of our Website at any time now or in the future. Please read through the following carefully. If you do not agree to these terms, you should immediately discontinue use of our Website and/or participation in our Programs.

 

1. REQUIREMENT TO OBTAIN MEDICAL ADVICE

 

All content on our Website or contained in our Programs is for informational and educational purposes only.

 

Any statements appearing on our Website or contained in our Programs have not been evaluated by any other national or international agencies.

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None of the content or products offered on our Website or contained in our Programs are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor to guarantee any particular outcome or results.

 

The products and content found on our Website or contained in our Programs are not intended as a substitute for the advice provided by your doctor or other healthcare professional.

 

You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before adopting any new fitness or dietary regime or using any of our Programs.

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If you have or suspect that you have a medical problem, or if you have a pre-existing medical condition or are pregnant or breast-feeding, you should contact your health care provider before using our Programs.

 

Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Website or contained in our Programs.

 

You should be in good health and physically fit when using our Website or Programs, failure to be in good health may result in adverse health consequences.

 

Please seek medical advice in regards to your health conditions and physical fitness.

 

If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.

 

2. OUR RELIANCE ON YOUR ACCURACY OF INFORMATION 

 

You are responsible for making your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Website or contained in our Programs. Our Programs may not be suitable to your particular circumstances.

 

We may be required to collect such personal information from you as reasonably required to identify you and provide you with our Programs, and in accordance with our Privacy Policy. This information may include your personal details such as name, email address together with such other personal information as we may reasonably require in order to provide you with our Programs (including any additional Programs you may request). We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Programs only, unless otherwise required by law as set out in our Privacy Policy.

 

You warrant the personal information and any health information you provide us is truthful, accurate, current and complete to the best of your knowledge or belief. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

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You acknowledge that our Programs may be provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of our Programs.

 

You warrant the truth, accuracy, currency and completeness of any information you provide us.

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3. ACCEPTANCE OF RISK BY YOU 

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You acknowledge that by participating in our Programs you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Website or Programs, or may be risks that are not known to you or are not readily foreseeable at the time of using our Programs. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your participation in our Programs. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.

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4. USING THE WEBSITE OR ACCESSING OUR PROGRAMS: SPECIFIC WARNINGS

You must not access or use our Website or access our Programs (a) in a way that violates these Website terms of use (“Terms of Use”), (b) for unlawful activities or purposes, (c) in a way that is fraudulent, inaccurate, false, misleading or deceptive, (d) in a way that violates any applicable law (including, without limitation, applicable privacy laws) or (e) in a way that infringes the rights (including our intellectual property rights, as described below) of any other person. You must take your own precautions to ensure that the process which you employ for accessing our Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system or any of your devices which arise in connection with your use of our Website or any linked Website. Whilst we have no reason to believe that any information contained on the Website is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep our Website updated. Responsibility for the content of advertisements appearing on our Website (including hyperlinks to advertisers' own Websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers' products and each advertiser is solely responsible for any representations made in connection with its advertisement.

 

You also agree that your use of our Website and Programs is for personal non-commercial use. You agree not to access, copy, or otherwise use our Website or Programs, including our intellectual property and trademarks, except as permitted under these Terms of Use or as otherwise authorised in writing by us.

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Licence

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We make our Programs available to you through our Website or through online delivery via Facebook. When you use our Programs, we grant you a personal, non-exclusive, revocable, limited license to use the relevant Service and access our Website or Facebook Group. This means you may not re-sell our Programs anywhere else or use for any commercial purpose, share your license to use our Programs with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Service (“Licence”).

 

This License may be terminated if you violate any of these Terms of Use or our Privacy Policy. Additionally, this License may be terminated if you engage in any activities that may reasonably cause loss or damage to us if your activities in connection with the use of our Website or Programs are in violation of any applicable laws. If you do not agree to the terms of this Licence you must not use or Website or Programs. You may terminate this Licence at any time by notifying us or ceasing to use our Programs.

 

5. USER ACCOUNTS

We may assign you a username/password and/or account information in order to enable you to access and use certain areas of a Website, or require you to set up your own account access using a username/password chosen by you (such as for Facebook) (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Website or Facebook Group in a manner consistent with these Terms of Use. We have no obligation to investigate the authorisation or source of any such access or use of our Website.

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You are solely responsible for protecting the security and confidentiality of your Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of Website security you may be aware of. You will be solely responsible for all access to and use of a Website or Facebook Group by anyone using your Login whether or not such access to and use of our Website is actually authorised by you.

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You agree to adhere to all terms and conditions imposed by Facebook Inc in relation to your Login, and to the access to and use of our Programs. You further agree not to do any act or thing which might reasonably be considered to put us in breach of the terms and conditions imposed on our Group Page by Facebook Inc. 

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6. WEBSITE SERVICE CHANGES AND AVAILABILITY

We reserve the right to alter, update, or remove any of our Website or Programs at any time. We may modify our Website or Programs for any security reason, in our discretion. We do not guarantee that our Website or Programs will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Website or access our Programs may do so. We reserve the right to terminate access for anyone.

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Users of our Programs further acknowledge access, service and availability is also subject to provision by Facebook Inc, which is entirely independently owned and operated from us. You accept that we have no liability for any disruption, failure or delay by Facebook Inc to deliver, host or provide access to the Programs.

 

7. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, copyright and other intellectual property rights in our Website (including text, graphics, photographs, logos, icons, domain names, service marks, information, design, sound recordings and software) is owned or licensed by us. Other than for the purposes of, and subject to the conditions prescribed in these Terms of Use, the design of our Website and Service along with all created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights as applicable under under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these Terms of Use, you may not in any form or by any means:

 

(a) adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works  from any part of our Website; or

 

(b) commercialise any information, products or services obtained from any part of our Website, without our written permission.

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We reserve all rights not expressly granted under these Terms of Use in and to our Website and Programs.

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By uploading, transmitting, posting or otherwise making available any material on a Website and any associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights as defined by the Commonwealth Copyright Act 1968.

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8. LINKING AND THIRD PARTY CONTENT

You must not frame, reformat, replicate or mirror any part of our Website or use any data mining robots or other extraction tools in relation to our Website, without our prior written authorisation.

You may link to our Website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our Website contents, including any intellectual property notices. At our request, you must immediately remove any link to our Website. Our Website may contain links to or display the content of third parties (“Third Party Content”), including links to Websites operated by other organisations and individuals (“Third Party Website”). Third Party Content and Third Party Website are not under our control. We do not endorse, approve or make any warranty or claim regarding Third Party Content, Third Party Website or the products, services or information available on any Third Party Website, or in respect of the owner or operator of a Third Party Website or their conduct, including privacy compliance. If you use or rely upon Third Party Content or Third Party Website, you do so solely at your own risk.

 

9. SECURITY OF INFORMATION

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 information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

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10. DISCLAIMERS

Your use of our Website and use or purchase of our Programs is at your own risk. The information, materials, and Programs provided on or through our Website are provided “as is” and to the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Programs listed or purchased on or through our Website. Except for the purposes of any “consumer guarantees” as defined under Australian Consumer Law, we hereby expressly disclaim all liability for our Programs, for product defects or failures, claims that are due to your use of our Programs, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.

 

We cannot guarantee that our Website will work as advertised, or that our Programs will give you the desired results.

 

By accessing our Website, you assume all risks associated with such use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this Website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with our Website are hereby excluded. By accessing our Website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this Website.

 

In regards to any breach or failure to comply with Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any services, we may resupply the service or pay for the service to be supplied again.

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11. LIMITATION OF LIABILITY

Other than to the extent prohibited by applicable law, we do not assume any responsibility or liability for any loss or damage suffered by you, whether directly or indirectly as a result of your use of our Website or Programs. In no event will we, or any of our respective officers, directors, employees, agents, affiliates or assigns, nor any party involved in the creation, production or transmission of our Website or Programs be liable to you or anyone else for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or Programs, any Website linked to our Website or Programs (including the materials, information or services contained on such Website) whether in contract or tort or regardless of being advised of the possibility of such damages.

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In the event of any problem with our Website or any content, you agree that your sole remedy is to cease using the relevant Website. In the event of any problem with the Programs or services that you have purchased on or through our Website, your remedies will be as prescribed by Australian Consumer Law.

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For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms of Use, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions where it is prohibited, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our Website are contingent on your agreement with this and all other sections of these Terms of Use. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than AUD$100 or the total amount you spent while using our Website or Programs within the last six months, whichever is greater.

 

12. INDEMNITY

In addition to the other indemnities provided by you under these Terms of Use You agree to indemnify us  and our officers, employees, agents, contractors and consultants from and against all actions, claims, proceedings or demands (including those brought by third parties) which may be brought against it or them, whether on their own or jointly with you in respect of any loss, death, injury, illness, damages, costs or expenses (but excluding consequential financial loss) where caused by any unlawful or negligent act or omission by you, your officers, employees, agents, contractors or consultants arising under  these Terms of Use or from any other loss which may arise from or as a result of any breach of these Terms of Use or use of our Website or Programs by you or your officers, employees, agents, contractors or consultants.

 

13. PRIVACY AND CHILD PROTECTION

In addition to our obligations under the Privacy Act 1993 (Cth) and Health Records Act 2001 (Vic), we also comply with all Australian Child Protection legislation to the extent applicable.

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14. TERMINATION OF ACCESS

Access to our Website or Programs may be terminated at any time by us without notice. These Terms of Use will nevertheless survive any such termination.

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15.  MISCELLANEOUS

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Variation and Waiver

 

A provision of or a right created by these Terms and Conditions cannot be waived except in writing signed by the party granting the waiver. 

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Approvals and Consents

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Where any provision of these Terms and Conditions provide for a party to provide its consent or approval then such party may conditionally or unconditionally in its absolute discretion give or withhold such consent or approval unless these Terms and Conditions expressly provide otherwise.

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Entire Agreement

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The agreement contained in these Terms and Conditions contains all of the terms, conditions, representations and warranties in connection with the agreement reached between the parties with respect to the subject matter of these Terms and Conditions.

 

Relationship of Parties

 

Nothing in this these Terms and Conditions creates a partnership or joint venture between the parties, and no party can bind or pledge the credit of the other party.

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Governing Law and Jurisdiction

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The agreement contained in these Terms and Conditions is governed by and construed in all respects in accordance with the laws of the State of Victoria, Australia and the parties hereby submit to the exclusive jurisdiction of the courts of the said State of Victoria.

 

Assignment

 

You must not novate, assign or subcontract the agreement contained in these Terms and Conditions or any of its obligations herein without our prior written consent.

 

Force Majeure

 

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

 

Severability

 

In the event that a provision of these Terms and Conditions is found to be unlawful, conflicting with another provision, or otherwise unenforceable, the agreement contained in these Terms of Use will remain in force as though it had been entered into without that unenforceable provision being included in it.

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Legal Notice Amendments

 

We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these Terms and Conditions and new additional information.

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Last updated May 2020

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