Term of Use 2017-05-04T22:06:57+00:00

AABB Terms Of Use and Privacy Policy

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

By accessing or using our All Australian Beach Body App and the web sites at www.trainlikesally.com (TLS) and www.AllAustralianbeachbody.com (AABB); www.allaustralianbeachbody.com.au (the “Sites”), brought to you by IN2SPORTS Marketing Pty Ltd ABN 87 152 488 385 (“IN2SM”) and all our affiliated Sites or Apps using IN2SPORTS Marketing software, you (the “User”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of the Sites. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Services or the Sites after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Services or the Sites. It is your responsibility to regularly check the Sites to determine if there have been changes to these Terms of Use and to review such changes.

Eligibility

Membership in the Service is void where prohibited. The Sites are intended solely for users who are eligible as nominated by the individual events and products transacted within the Sites and System. When registering as a member, you agree to be personally bound by the Terms of Use, 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. 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. Upon registration as a member, you will be provided with a password and account. You must not disclose them to anyone else or allow anyone else to use your account and password. You are entirely 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 includes any purchases made through your account. You agree to pay for our services in the manner specified on the Website and App. If you, or a user on whose behalf you register (including a minor), breaches the Terms of Use, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you and other acting in concert with you. Further you acknowledge that AABB is entitled to suspend or terminate your account.

Use and Copyright

The information contained within the Sites (including programming scripts, graphics and logos) are copyright of AABB, TLS, IN2SM and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of the Sites and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without prior written approval of IN2SM or its related bodies corporate.

Trademarks

The trademarks appearing on the Sites are primarily trademarks of All Australian Beach Body, Train Like Sally, Fitzgibbons International or other subsidiary groups associated to IN2SM. Other trademarks displayed on the Sites are trademarks of their respective owners. Nothing contained on the Sites should be construed as granting any licence or right of use of any trademark displayed on the Sites without the express written permission of AABB, or the relevant affiliate, or third party owner.

Third Party Content

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services including acts, omissions and conduct of any third party users of the Website and App, other members, other contributors to the Website and App, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website and App (including User Content of other users of the Website and App referred to below). Where the information made available over the Website and App contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

Privacy and Personal Information Collection

IN2SM will only use any personal information that IN2SM may collect about you in accordance with Our privacy policy. By accepting these Terms of Use you also accept and consent to IN2SM’s privacy policy. The IN2SM Privacy Statement is incorporated into these terms of use and available to view on the “sites”. In registering for access or using this Website and App, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. If you do not provide all of the personal information that we request, then you may not be able to complete the registration process, or we may not be able to provide all or some our services to you. In addition to any reasons that we may separately notify you at the time of collection, we collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other partner promotional material to you. You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your fitness on the Website and App, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

Online Purchases, payment and cancellation of subscription

Where you make a purchase through a Site, you are bound by the IN2SM terms of sale (waiver, participant agreement, terms of sale, terms of purchase, declaration) in relation to that purchase. Terms are event-specific and are published on the respective Website and Apps as well. Prior to placing an Order, you must create an account though the Site. Any information that you provide in this Account Creation process will be held and used by us in accordance with our Privacy Policy. Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site. All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time. Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party. You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process. Orders are subject to acceptance by us. Acceptance (or rejection) of an order will be notified to you as part of the ordering procedure. Acceptance and continued access to our service is always subject to payment first being made by you. For the removal of doubt, by placing an order, you make an offer to purchase the relevant subscription that is the subject of your order. We reserve the right to terminate your access to our service if you are not up to date with any payment plan that may be offered. We use a credit card payment gateway or a similar service for most financial transactions. Member subscription fees are to be made by reoccurring credit/debit card payment made in advance in accordance with the product you have chosen. We are not able to access your credit card or other financial details and you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees

Subscription Fees

The subscription fees and charges will be billed monthly to your nominated Payment Method from the commencement day of your first paid subscription. Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Subscription fees will apply regardless of whether or not you use your subscription and rollover subscriptions will continue month to month until terminated. If the subscription is not cancelled before the monthly renewal date, the following month’s fees and charges will be charged to your nominated Payment Method. You will continue to have access to the Product through till the end of your monthly billing period. All fees are non-refundable except as expressly set out in these terms and conditions. You will be able to terminate your subscription fee instalments prior to the end of the subscribed term by following the cancellation process set out in these terms and conditions. You will not be entitled or granted a refund on any fees paid. Cancellation of a subscription can be done in your account profile in the AABB App. Click the “Manage your subscription” button from your profile. This will take you to the “my account” section of the All Australian Beach Body shop. You can also log in to the shop online at shop.allaustralianbeachbody.com to access your account profile. If you need further assistance please email hello@allaustralianbeachbody.com IN2SM reserves the right to vary the fees charged for our subscription based Products from time to time by providing you with one month’s notice of any such change. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect. You must notify INSM of any change to your Payment Method. If you do not notify us of any such change, then IN2SM will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by IN2SM in collecting any unpaid subscription fees or charges from the Customer. Our goods and services (including, but not limited to, the information services provided through this Website and App) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund in limited circumstances based on shop and item specific terms and conditions. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.

CONDITIONS OF USE OF AABB PRODUCTS

As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time. No information contained in the Website and App is intended to be used as medical advice and the Website and App is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website and App, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

Information Provided on Website and App

All information provided by us on the Website and App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website and App may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website and App or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website and App. The AABB Team may provide a general information guide in health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may offer a referral to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by AABB.

Nutritional Information

Nutritional information provided on the Website and App only in the opinion of AABB and is also taken from sources provided by third parties. Before relying on any nutritional information on the Website and App, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. AABB should not be held liable for the interpretation or use of the information provided. AABB or any other provider of nutritional information on the Website and App gives any warranty that the information is free from error or suitable for your purposes.

Recommendations and results on the Website and App

Certain parts of the Website and App may provide recommendations and results based on the input and data that AABB or AABB members provide. These recommendations and results generated by the Website and App are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website and App.

Fitness Level

The AABB programs are designed for persons of various fitness levels. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and App. The information on the Website and App may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website and App:

  • pregnant women;
  • women who are breastfeeding;
  • persons with any ongoing physical condition proscribing exercise or physical activity:
  • persons suffering from cancer or other long term illness;
  • persons with liver disease, kidney disease, or renal failure;
  • persons with eating disorders;
  • persons with diabetes,
  • blood pressure or cholesterol issues;
  • elderly persons;
  • persons recovering from or recently recovered from illness or injury;
  • and persons with a low body mass index.

Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website and App is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and App and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.

Quality of the Website and App

We do not promise that the Website and App will be error-free or uninterrupted. The Website and App and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website and App.

Limitation of Liability

To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Sites and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent then our liability is limited to that extent.

Indirect and Consequential Loss

To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website and App, any linked Website and App, your reliance on any information obtained through the Website and App or your use of any services on the Website and App, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

Terms Implied by Law

To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

  1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
  2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

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, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued. The limitation of liability set out in the Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

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

Intellectual property

Unless otherwise indicated and except for any functionalities provided by external Website and Apps, copyright in this Website and App (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us. All names, logos and trade marks on this Website and App are the property of their respective owners. Nothing on the Website and App should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and App and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website and App may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission. The following are examples of conduct that are not authorised by these terms:

  1. sharing the content of this Website and App or your account with other persons;
  2. publishing or posting any of the content (such as recipes or exercise programs) on any other Website and App, including on social media pages or Website and Apps;
  3. using the logo or trade marks of this Website and App, the phrase “AABB” TLS(or anything substantially identical or deceptively similar), Sally Fitzgibbonsor her likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);
  4. registering or maintaining any social media pages or Website and Apps that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or Sally Fitzgibbons; and
  5. systematic downloading or “scraping” of content of the Website and App. We may, from time to time, monitor your use of the Website and App to determine if you are in breach of these terms. Such monitoring may include: a. the frequency and nature of any downloads; and b. the time of access and IP addresses used to access the Website and App. We may suspend, limit or terminate your access to the Website and App (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms. Please note: If you materially misrepresent that online material, product, or activity is infringing your copyright, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.

User-generated content

This Website and App may allow you to post information, photos, content, user submissions and/or upload materials to the Website and App (including features such as live chat and forums), whether through external Website and Apps or otherwise (User Content) and may also allow you to see User Content submitted by other persons. The Website and App may include functionalities that allow you to control whether or not the public or other users of the Website and App are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website and App properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose). Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website and App) (whether authorised or not), then neither AABB nor you may be able to control the further disclosure and publication of that User Content. By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website and App:

  1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website and App;
  2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
  3. you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website and App in breach of this paragraph (3); and
  4. to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.

In addition you agree not to post, upload, publish, submit or transmit any information or materials that:

  • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
  • is violent or threatening or promotes violence or actions that are threatening to any other person;
  • or promotes illegal or harmful activities or substances.

We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all). Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content. You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website and App, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website and App that is accessible to the public or other users of the Website and App. Some User Content may refer to events or activities that are organised by other users of the Website and App. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact us at hello@allaustralianbeachbody.com

Permitted Use

We prohibit the use of this Website and App and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website and App, you acknowledge and agree that:

  1. you are legally responsible for all User Content you submit;
  2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
  3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website and App, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
  4. you will not: a. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so; b. bypass (or attempt to bypass) any security mechanisms imposed by the Website and App; c. harvest or collect email addresses, photographs or personal information of other users; d. impersonate any person or entity; e. post or transmit false or misleading material or make any form of misleading or deceptive representation; f. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; g. exploit the Website and App for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests); h. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or i. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website and App;
  5. collect information about the Website and App or users of the Website and App without our written consent;
  6. modify, frame, rendering (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website and App, without our written consent;
  7. use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website and App or any portion thereof;
  8. disguise the origin of information transmitted to, from, or through the Website and App.
  9. impersonate another person or user (including logging onto the Website and App and/or utilizing our services via an account other than your own);
  10. distribute viruses or other harmful computer code;
  11. use the Website and App for any purpose in violation of local, state, national, international laws;
  12. use the Website and App in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; or
  13. circumvent any measures implemented by us aimed at preventing violations of the Terms of Use.
  14. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Use. You acknowledge that we have no obligation to monitor your access to or use of the Website and App or to review, monitor or edit any information or materials submitted by users, but has the right to do so for the purpose of operating the Website and App, to ensure your compliance with the Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any user account or profiles, at its sole discretion, if we consider it to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the Website and App.

Linked websites and apps

The Website and App (or User Content) may reference or link to third party sites on the internet. We have no control over these sites or the content within them. We cannot, and do not, guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. We do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Website and App to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.

Variation

You are bound by the latest version of the applicable Terms and Conditions. We may vary, amend or add to these terms at any time. Where there are material changes to these Terms and Conditions that could adversely affect you or AABB members, we will provide you additional notice to you by way of the email address you have provided to us. Without limiting our right to give notice by any other means, you will be deemed to have: 1. received notice of such changes when we place a notice on the Website and App setting out the changes; and 2. agreed to the Terms of Use as varied the next time you access your account after we publish the notice on the Website and App. If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing hello@allaustralianbeachbody.com

Severance & termination

AABB may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms. SURVIVAL The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.

Agreement to Pre-Arbitration Notification

These Terms of Use provide for final, binding arbitration of all disputed claims (discussed immediately below). AABB and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings are initiated. In the event of a dispute, the claimant – whether you or AABB – shall send a letter to the other side briefly summarizing the claim and the request for relief. If AABB is the claimant, the letter shall be sent, via email, to the email account listed in your account. If you are the claimant, the letter shall be sent to AABB, Attn: General Counsel, PO Box 288, Manly, NSW, 1655. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings.

Agreement to Arbitrate Claims

Any controversy, claim or dispute arising out of or relating in any way to your use of the Website and App, your account, or purchases through the Website and App shall be resolved by final and binding arbitration. The arbitration shall take place in New South Wales, Australia in accordance with the Commercial Arbitration Rules

Class Action Waiver

Both you and AABB waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Commercial Arbitration Rules and the legal Consumer-Related Disputes Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

Opting Out Of Arbitration And Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Use by doing the following. Within 21 days of the earlier of first setting up your account or making your first purchase, you must send a letter to AABB c/o General Counsel, PO Box 288, Manly, NSW, 1655 Australia that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Use. All other Terms of Use shall continue to apply to your account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Use to the contrary, AABB agrees that, if AABB makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to AABB address), you may reject any such change (but only that change) by sending a letter to AABB (to the address provided above) within 21 days of AABB providing notice of the change. Your letter must be postmarked by the applicable 21-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

General Provisions

If any clause or part of a clause of these Terms of Use is, or becomes, invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable. Any failure or delay by IN2SM to enforce any of our rights under these Terms of Use is not to be taken as or deemed to be a waiver of that or any other right unless IN2SM acknowledges and agree to such a waiver in writing. These Terms of Use are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms of Use. These Terms of Use and the privacy policy set out the full extent of IN2SM’s obligations and liabilities concerning the Sites and replace any previous agreements and understandings between IN2SM and You. You shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms of Use other than any remedy you may have for breach of the express terms of these Terms of Use. This Agreement is governed by the laws of New South Wales Australia and the parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales Australia. This Terms of Use Policy was last updated on 30 October 2016.

AABB PRIVACY POLICY

www.trainlikesally.com (TLS) and www.AllAustralianbeachbody.com (AABB); www.AllAusrtalianbeachbody.com.au and its affiliated websites using IN2SPORTS Marketing software, brought to you by IN2SPORTS Marketing Pty Ltd ABN 87 152 488 385 and its related bodies corporate (AABB, us, our) recognises the importance of protecting the personal information you supply us and is bound by the Privacy Act 1988 (Cth) (the Privacy Act) and the Australian privacy Principles. Personal information is collected, used, disclosed and protected as set out in this Privacy Policy. By visiting our websites and entering into business or other dealings with us, you expressly consent to our collection, use and disclosure of your personal information in the manner set out in this Privacy Policy.

What is your personal information?

When used in this Privacy Policy, the term ‘personal information’ has the meaning given to it in the Privacy Act. In general terms, it is any information that can be used to personally identify you. This may include your name, address, telephone number, email address and profession or occupation. If the information AABB collects personally identifies you, or you are reasonably identifiable from it, the information will be considered personal information.

What personal information does AABB collect and hold?

AABB and the sites collect personal information for the purpose of its provision of services to you and the operation and administration of the organisation. This information typically includes:

  • your name, address, phone and facsimile numbers and email addresses (contact information);
  • your age, birth date, gender, occupation, profession or job title;
  • your fitness and nutrition statistics
  • your AABB websites’ usernames and passwords and your interactions with AABB-related websites;
  • details of the products and services you have purchased from AABB or which you have enquired about, together with any additional information necessary to deliver those products and services and to respond to your enquiries;
  • any additional information relating to you that you provide to AABB directly through our websites or indirectly through use of AABB’s websites or online presence, through our representatives or otherwise; and
  • information you provide to AABB through customer surveys or visits by our representatives from time to time.

AABB may also collect some information that is not personal information because it does not identify you or anyone else. For example, AABB may collect anonymous answers to surveys, competitions or aggregated information about how users use our websites How do we collect your personal information? AABB collects your personal information directly from you unless it is unreasonable or impracticable to do so. AABB collects personal information that you provide us:

  •  over the phone, in correspondence, in person, via our websites and related social media platforms;
  • during conversations between you and our representatives;
  • during any written communications between you and our representatives;
  • when you complete a credit application or goods/services order with us;
  • when we engage you to provide us with any goods/services; • when you apply for a position with us or send us an expression of interest, directly or via a third party or third party service;
  • when you register to enter any competitions on our websites or social media sites;
  • when you register your details at any of our promotional sampling events;
  • when you register for any of our services, including WiFi networks, alerts, blogs, or other subscription services; and
  • when conducting due diligence on entities you are affiliated with.
  • AABB may also collect personal information from third parties including from third party companies such as recruitment agencies, credit reporting agencies, law enforcement agencies and other government entities.

Cookies

In some cases, AABB may also collect your personal information through the use of cookies. When you access our websites, we may send a ‘cookie’ (which is a small unit of data temporarily stored on the hard disk of your computer by your browser) to your computer. The information contained in the cookies may assist us with functions such as improved navigation and a high level of user friendliness. It also enables us to keep track of products or services you view so that, if you consent, AABB can send you news about those products or services. AABB also use cookies to measure traffic patterns, to determine which areas of our websites have been visited and to measure transaction patterns in the aggregate. AABB uses this to research its users’ habits to improve its online products and services. Our cookies do not collect personal information. The majority of web browsers automatically accept cookies. If you do not wish to receive cookies, you can adjust your browser to disable cookies but this may restrict your ability to access certain areas of our websites. We may log IP addresses (that is, the electronic addresses of computers connected to the internet) to analyse trends, administer the websites, track users’ movements, and gather broad demographic information.

What happens if we can’t collect your personal information?

If you do not provide us with the personal information described above, some or all of the following may happen:

  • we may not be able to provide the products or services you requested, either to the same standard or at all, or assess any application you have made to us;
  • •we may not be able to provide you with information about products or services that you may want, including information about discounts, sales, special promotions or competitions; or
  • we may be unable to tailor the content of our websites to your preferences and your experience of our websites may not be as enjoyable or useful.

For what purposes do we collect, hold, use and disclose your personal information?

AABBcollects personal information about you for the purpose of its provision of services to you and the operation and administration of the organisation. In addition, AABB may collect, hold, use and disclose your personal information for the following related purposes:

  • providing products, services, deals and competitions offered by us and/or our commercial associates, partners and sponsors to you and sending communications requested by you;
  • answering enquiries and providing information or advice about our business, existing and new products, assets, services and in relation to technical matters;
  • providing you with access to protected areas of our websites;
  • assessing the performance of our websites and improving the operation of those websites;
  • tailoring and personalising website content and deals offered by us and/or our commercial associates, partners and sponsors, depending on your location and interests;
  • conducting business processing functions including providing personal information to our related bodies corporate, contractors, service providers or other third parties;
  • conducting research from time to time based on the information AABB collects from you;
  • administrative, marketing (including direct marketing), recruitment, planning, product or service development, quality control and research purposes of AABB, IN2SPORTS MARKETING and its contractors, service providers or other third parties;
  • updating our records and keeping your contact details up to date;
  • providing your updated personal information to our related bodies corporate, contractors or service providers;
  • processing and responding to any complaint made by you; and
  • complying with any law, rule, regulation, lawful and binding determination, decision or direction of a regulator, or in co-operation with any governmental authority of any country (or political sub-division of a country).
  • Your personal information will not be shared, sold, rented or disclosed other than as described in this Privacy Policy.

To whom may AABB AND IN2SPORTS MARKETING disclose your information?

AABB may disclose and transfer your personal information for the purposes outlined above and related purposes:

  • to our employees, related bodies corporate, members of our online community, contractors, or service providers located in Australia and overseas including without limitation, web hosting providers, IT systems administrators, mailing houses, couriers, payment processors, data entry service providers, electronic network administrators, debt collectors, and professional advisors such as accountants, solicitors, business advisors and consultants, for the purposes of providing services in connection with the operation of our websites or our business, fulfilling your requests or enquiries, and to otherwise provide products and services to you; • to our agents, affiliates and related bodies corporate located in Australia and overseas;
  • to suppliers and other third parties with whom we have commercial relationships, for business, marketing and related purposes where you have consented; and
  • as required or authorised by law including to law enforcement, government or other organisations or where permitted under the Privacy Act.
  • AABB may combine or share any information that AABB collects from you with information collected by any of our related bodies corporate (within Australia).

Do we disclose your personal information to anyone outside Australia?

AABB may disclose personal information to our services providers, related bodies corporate and their service providers located overseas, including New Zealand, for some of the purposes listed above. AABB will take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information. Direct marketing materials AABB and IN2SPORTS MARKETING may send you direct marketing communications and information about our products and services and those of our sponsors and commercial partners that AABB considers may be of interest to you. These communications may be sent in various forms, including mail, SMS, fax and email, in accordance with applicable marketing laws, such as the Spam Act 2003 (Cth). If you indicate a preference for a method of communication, AABB will endeavour to use that method whenever practical to do so. At any time, you may opt-out of receiving marketing communications from us by contacting us using the contact details below or by using the opt-out facilities provided in the marketing communications and AABB will then ensure that your name is removed from our mailing list. AABB and IN2SPORTS MARKETING may provide your personal information to other affiliated organisations for the purposes of direct marketing.

How can you access and correct your personal information?

You have certain rights to access personal information held by AABB To request access or to find out what information we have about you, please contact our Privacy Officer (see details below). Where AABB holds information that you are entitled to access, AABB will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). AABB may charge you a reasonable fee to cover our administrative and other reasonable costs in providing you the information. AABB will not charge you for simply making the request and will not charge for making any corrections to your personal information. There may be instances where AABB cannot grant you access to the personal information it holds. For example, AABB may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, AABB will give you written reasons for any refusal. If we provide you with access to personal information AABB holds about you and you believe that personal information is inaccurate, out of date, incomplete, irrelevant or misleading, then you may request that we amend it. AABB will consider if the information requires amendment. If AABB does not agree that there are grounds for amendment, AABB will add a note to the personal information stating that you disagree with it.

What is the process for complaining about a breach of privacy?

If you believe that your privacy has been breached, please email hello@allaustralianbeachbody.com with a full description of the issue. TLS will treat your requests or complaints confidentially. AABB’s Privacy Officer will contact you within a reasonable time after receipt of your complaint to discuss your concerns and outline options regarding how they may be resolved. AABB aims to ensure that your complaint is resolved in timely and appropriate manner.

Security

AABB takes reasonable steps to ensure your personal information is protected from misuse and loss and from unauthorised access, modification or disclosure. AABB may hold your information in either hard copy or electronic form on our servers and secured third party servers. Personal information is destroyed or de-identified when no longer needed. As our websites are linked to the internet, and the internet is inherently insecure, AABB cannot provide any assurance regarding the security of transmission of information you communicate to us online. AABB also cannot guarantee that the information you supply will not be intercepted while being transmitted over the internet. Accordingly, any personal information or other information which you transmit to us online is transmitted at your own risk.

Links

Our websites may contain links to other websites operated by third parties. AABB makes no representations or warranties in relation to the privacy practices of any third party websites and AABB is not responsible for the privacy policies or the content of any third party websites. Third party websites are responsible for informing you about their own privacy practices. Contacting us If you have any questions about this Privacy Policy, please contact our Privacy Officer using the details set out below. Privacy Officer IN2SPORTS MARKETING Pty Limited Post: PO Box 288, Manly, 1655, NSW, Australia Tel: 02 9949 7959 Email: hello@allaustralianbeachbody.com Changes to our Privacy Policy AABB may modify its Privacy Policy from time to time and if it does so, it will post any updated Privacy Policy on its website. We encourage you to check the AABB and IN2SPORTS affiliated websites periodically to ensure that you are aware of our current Privacy Policy. This Privacy Policy was last updated on 12 December, 2016.

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