Body for Life (Aust.) Terms and Conditions

The use of content on the b4life.com.au website:

Body for Life (Aust.) website provides information on massage and massage therapy for existing and potential clients.

Pre Condition To Use:

Do not use this website unless you have read these terms, and accept that they will govern your right to use and access our website and all the documents, links and information contained on it. If you choose to use Body for Life (Aust.) website and download documents then Body for Life (Aust.) will regard that use as conclusive evidence of your agreement and acceptance that these terms govern yours and Body for Life (Aust.) rights and obligations to each other.

Amendment of Terms:

Body for Life (Aust.) reserves the right to change these terms and conditions of use at any time and those changes shall take effect in respect of all subsequent uses by you of the website. You should therefore check these terms every time before you use the website and only if you accept these terms should you proceed to access and use the documents on the website.

Consult Your Legal Practitioner:

Body for Life (Aust.) is not a law firm. Body for Life (Aust.) strongly recommends that before you use any document that you download from our website, that you obtain legal advice on your particular circumstances and the suitability of the document to meet your requirements. Both the documents and the information we provide must necessarily be general and may not cover every situation that might arise.

Different Laws and Changes to the Law:

The law may be different in each state and territory of Australia. Also, the law regularly changes. Whilst Body for Life (Aust.) tries to keep up to date with these changes, this is not always practically possible and updates may not be immediate. As stated above, Body for Life (Aust.) recommends that you always consult your legal practitioner before using any documents downloaded from Body for Life (Aust.) website.

Limitation On Body for Life (Aust.) Liability:

This only applies if you are not a consumer within the meaning of that term in the Competition and Consumer Act 2010 (Cth). If you are not a consumer for the purposes of Schedule 2 Part 3.2 of the Competition and Consumer Act 2010 (Cth), then it is an essential pre-condition to you using Body for Life (Aust.) website that you agree and accept that Body for Life (Aust.) is not legally responsible for any loss or damage (including consequential loss) you might suffer related to your use of the site, whether from errors or from omissions in our documents or information or from any other use of the website. In short, your use of the site is at your own risk.

Links To Other Websites:

Body for Life (Aust.) has provided on its website links to other websites and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between Body for Life (Aust.) and the owners of those websites. Body for Life Aust. takes no responsibility for any of the content found on the linked websites. Body for Life (Aust.) website may contain information provided by third parties. Body for Life (Aust.) accepts no responsibility whatsoever for information or advice provided to you directly by third parties.

Competition and Consumer Act 2010 (Cth):

Body for Life (Aust.) provides all of the Consumer Guarantees contained in the Competition and Consumer Act to the extent to which they apply to this agreement between you and Body for Life (Aust.) but not otherwise. Nothing in these standard terms and conditions are intended to exclude any applicable Consumer Guarantees. Where the Consumer Guarantees do apply and there has been a breach of any of those Consumer Guarantees then Body for Life (Aust.) relies on Section 64A of the Competition and Consumer Act. In that respect, Body for Life (Aust.) liability to you for any breach of a Consumer Guarantee is limited to:-
(i) Where there is a supply of goods, to the replacement or resupply of equivalent goods, or the payment to you of the cost of replacing the goods or acquiring equivalent goods.
(ii) Where there is a supply of services, to the supply to you of the services again or the payment of the costs of having the services supplied to you again.

Express Disclaimers:

Subject to the provisions of the Competition and Consumer Act 2010 (Cth) and to the fullest extent permitted by law, Body for Life (Aust.) absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. Body for Life (Aust.) gives no warranty that the documents will be free of errors, or that defects will be corrected, or that Body for Life (Aust.) website or its server is free of viruses or any other harmful components. Body for Life (Aust.) does not warrant or make any representations regarding the use or the result of the use of any document, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Body for Life (Aust.) to bear any costs of servicing, repairs, or correction. The applicable law in your state of territory may not permit these exclusions, particularly the exclusions of some implied warranties and in that event those exclusions do not apply and shall be deemed excised from these standard terms.

Business Consumers Only: The website has been designed and created to meet some of the needs of small to medium sized enterprises. It has not been designed to be used with publicly listed companies or created for personal, household or domestic purposes.

Your Privacy:

Body for Life (Aust.) respects the privacy and confidentiality of the information provided by you and adheres to the national privacy principles established pursuant to the Privacy Act 1988 (Commonwealth). Please read our Privacy Policy carefully. You may change your details at any time by accessing your information through your code key. All information Body for Life (Aust.) receives from its customers is protected by Body for Life Aust. secure server. Body for Life (Aust.) secure server software encrypts all customer information before it is sent to us. Furthermore, all of the customer data Body for Life (Aust.) collects is secured against unauthorised use or access. Credit card information is not stored by us on our servers.

Third Parties Can Not Use Your Information:

Body for Life (Aust.) does not sell or deal in personal or customer information. Body for Life (Aust.) may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and to assist it in meeting customer needs generally. Body for Life (Aust.) may use the information that you provide to improve its website and its services.

Body for Life Aust. may disclose information in good faith and where Body for Life (Aust.) is required to do so:

by law or by any court
to enforce the terms of any of our customer agreements
to protect the rights, property or safety of Body for Life Aust., its customers or third parties, or
to banks or financial institutions with the purpose of preventing fraud and as proof of any transaction.

Jurisdiction:

This agreement and this website are subject to the laws of Australia and any applicable state. If there is a dispute between you and Body for Life (Aust.) that results in litigation then you submit to the jurisdiction of the relevant courts of Australia or the relevant state.

Copyright And Restriction of Use:

You are not permitted to reproduce the documents, information or materials on the Body for Life (Aust.) website for the purposes of conducting a business competitive with or similar to the business of Body for Life (Aust.). In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the documents that you download from its website where that activity is part of a business that is competitive with or similar to the business of Body for Life (Aust.). Otherwise you are permitted to download a copy of the documents and retain them on computers used in your business for any legitimate or proper purpose of conducting your business. You are also permitted to provide copies to your legal practitioners in electronic form for their amendment, modification or re-drafting. Body for Life (Aust.) expressly reserves all copyright in its website and in all documents and information on its website.

Trademarks and Restriction of Use:

You are not permitted to use any trademarks, trade names, graphics or designs that are on Body for Life (Aust.) website. If you breach Body for Life (Aust.) trade marks then Body for Life (Aust.) reserve the right to take action against you.

Whole Agreement:

These terms and conditions represent the whole agreement between you and Body for Life (Aust.) concerning your use and access to Body for Life (Aust.) website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which can not be expressly excluded are hereby expressly excluded.

Exclusion of Unenforceable Terms:

Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed excision of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.