When you access or use ("BODYBYFINCH.com" known as “BODYBYFINCH”), you agree that your use is conditional on you abiding by and complying with these terms and conditions ("Site Terms").
BY USING “BODYBYFINCH” AND/OR BY PURCHASING ACCESS TO ANY ONLINE COURSE ON “BODYBYFINCH”, YOU SIGNIFY YOUR ACCEPTANCE OF AND AGREEMENT TO THESE SITE TERMS.
2. About “B.O.DBYFINCH”
2.1 “BODYBYFINCH” is owned by Finch entertainment. “BODYBYFINCH” gives users the ability, subject to these Site Terms, to:
- consume wellness content,
- post comments,
- access various commentaries and writings,
- access other user generated content, including text, photographs, images, graphics, videos and audio content, and
- purchase access to online courses on a variety of topics relevant to “BODYBYFINCH”
(collectively, "Online Content").
2.2 We may, in our sole discretion, change or discontinue any or all aspects of “BODYBYFINCH”, including any of the Online Content, at any time without notice and without liability to you.
2.3 You must be at least 18 years old to use “BODYBYFINCH”. We do not target children and “BODYBYFINCH” and the Online Content are not directed towards children, nor do We knowingly collect information from children. Given the nature of the internet, however, We cannot prohibit minors from visiting “BODYBYFINCH”, including the Online Content. If you believe that a child has provided information to Us through “BODYBYFINCH” or through Online Content, please contact Us by email We will use Our best efforts to remove all of the information provided by the child from Our system.
3. About These Site Terms
3.1 These Site Terms have the same effect as an agreement in writing and govern your use of “BODYBYFINCH”. If you do not agree to the Site Terms, please do not use “BODYBYFINCH”. No third party is entitled to the benefit of these Site Terms in connection with the agreement between you and Us.
3.2 We may modify the Site Terms at any time by posting a notice on “BODYBYFINCH” of the change(s) and when the change(s) will take effect. If you do not agree to the change(s), you may discontinue using “BODYBYFINCH” before the change(s) take effect. Your continued use of “BODYBYFINCH” after any such change(s) take effect constitutes your acceptance of such change(s).
3.3 Each time you visit or log into “BODYBYFINCH”, you reaffirm your acceptance of and agreement to these Site Terms. You are responsible for regularly reviewing the Site Terms.
3.4 These Site Terms are supplemented by additional terms and conditions applicable to relevant privacy policies and may be supplemented by other additional terms and conditions applicable to specific areas of “BODYBYFINCH” or to content or transactions posted in particular areas of “BODYBYFINCH”. These Site Terms, together with all such supplemental terms and conditions, govern your use of “BODYBYFINCH” and the Online Content and your transactions with Us.
4.1 You agree to transact with Us electronically. This means that, if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize Us to send you important notices about “BODYBYFINCH” and any pending transactions to an email address you provide to Us, or if you have purchased access to any Online Content or have otherwise provided your email address to Us or have posted a notice on “BODYBYFINCH”. If you no longer desire to transact electronically with Us, you may no longer use “BODYBYFINCH”.
4.2 It is your duty to
- keep your email address up to date,
- maintain a valid email address, and
- ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities.
4.3 You acknowledge and agree that, if you pay a subscription as specified in Terms of Sale, that subscription:
- permits you to access and use nominated courses included in the Online Content without further charge or cost, but
- does not permit you to access or use courses other than the specific course paid for by your subscription, without paying an additional charge or cost.
4.4 You also acknowledge and agree that all transactions will be performed electronically and that the terms of purchase of access to and use of any Online Content will be governed by Our Terms of Sale. We may change, modify or amend any of Our Terms of Sale at any time, without notice. By accessing and using “BODYBYFINCH”, you acknowledge and agree that it is your responsibility to be aware of and to regularly review Our Terms of Sale.
4.5 Any price or other amount referred to in Our Terms of Sale includes GST. If any supply under the Terms of Sale, or otherwise made in relation to the agreement between you and Us, is subject to GST, the amount payable for that supply will be adjusted by the applicable amount of the GST and you and We must do anything necessary to account for the GST or to assist you or Us to claim any GST input tax credit, set-off, refund or rebate, including by providing invoices and other documentation in the form required by law. For the purposes of this Section 4.5, “GST” means any tax imposed on the supply of goods or services under the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and terms defined in the Act have the same meaning in this Section.
5.1 We may suspend or terminate your use of “BODYBYFINCH” at any time and from time to time, with or without notice and without being required to give any reasons. We also reserve the right, at any time and from time to time, to modify, suspend or discontinue “BODYBYFINCH” (or any part) , temporarily or permanently, with or without notice. You agree that We are not liable to you or any third party for any such modification, suspension, termination or discontinuance of “BODYBYFINCH”.
5.3 In addition, We also reserve the right to take any other actions in relation to “BODYBYFINCH” that We, in our sole discretion, believe to be in the interests of “BODYBYFINCH” and other users of “BODYBYFINCH” as a whole.
6. Our Rights
6.1 “BODYBYFINCH” owns all rights in “BODYBYFINCH”, including all Online Content, subject only to rights of Our licensors and licensees under applicable agreements and arrangements. “BODYBYFINCH” is protected by copyright as a collective work or compilation under Australian copyright laws and those of other countries. All individual articles, blogs, videos, content and other elements comprising “BODYBYFINCH” and the Online Content are also copyrighted works, and We also have all rights therein, subject only to the rights of Our licensors and licensees under applicable agreements and arrangements. You must abide by all copyright notices or restrictions contained on “BODYBYFINCH”.
6.2 By posting on, or submitting content to, “BODYBYFINCH” (“Your Submissions”), regardless of the form or medium, you are giving Us, and our affiliates, agents, contractors and licensees, the right to:
- display or publish the content of Your Submissions on “BODYBYFINCH” (either in the form submitted by you or in the form of a derivative or adapted work),
- store that content, and
- distribute and use that content for promotional and marketing purposes.
6.3 Without limiting Section 6.2, you understand and agree that (unless you and We agree otherwise) We may, or may permit users to, compile, re-edit, adapt or modify any of Your Submissions to Us, including video content, or to create derivative works from any of Your Submissions, either on a stand-alone basis or in combination with other content submitted to Us, based solely on the functionality provided and enabled by “BODYBYFINCH”. Unless you and We agree otherwise, you have no rights with respect to any such actions and We and our contractors and licensees are free to display and publish any videos as so compiled, re-edited, adapted, modified or derived for any period.
6.4 You represent and warrant to Us that, in connection with these Site Terms and “BODYBYFINCH”:
- you have legal capacity to enter into contracts,
- you are providing Us at all times true, accurate and up to date information about yourself,
- you will comply at all times with these Site Terms and applicable laws,
- your use of “BODYBYFINCH” and any transactions that you make with Us will not violate the rights of any third party, and
- you will be solely responsible for Your Submissions and the consequences of posting or publishing them, including (for example) any personal information, such as your home address, the home address of others or your current location.
We are not responsible for the consequences of your sharing or posting any personal or other information on “BODYBYFINCH”.
6.5 You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind.
7. Restrictions on Your Use
7.1 Your use of “BODYBYFINCH” and Online Content is restricted. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of “BODYBYFINCH” or any Online Content.
7.2 Without limiting Section 7.1, you may not distribute any part of “BODYBYFINCH” or any Online Content over any network, including a local area network, or sell or offer it for sale. “BODYBYFINCH” files may not be used to construct any kind of database.
7.3 Just as We from time to time use information and materials from other sources in order to support Our Online Content, We respect the right of others to make "fair use" of the information and materials contained on “BODYBYFINCH”. Accordingly, you may from time to time excerpt and use information and materials on “BODYBYFINCH” consistent with the principles of "fair use". You may also make one copy of occasional articles of personal interest for your private use.
7.4 We are concerned about the integrity of “BODYBYFINCH” when it is viewed in a setting created by a third party that includes advertising or other materials that we have not authorised to be displayed with Our Online Content. Neither you nor any third party may use “BODYBYFINCH” or any Online Content in any manner that constitutes an infringement of Our rights, including copyright, or that has not been authorised by Us.
8. Intellectual Property
8.1 You represent and warrant to Us that, with regard to Your Submissions:
- you own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorize Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of Your Submissions to enable their inclusion and use in the manner contemplated by Us and these Site Terms; and
- you have the written consent, release and/or permission of each and every identifiable person in Your Submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by Us and these Site Terms.
8.2 You agree that Your Submissions will not:
- include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant Us all of the rights granted in these Site Terms;
- publish falsehoods or misrepresentations that could damage Us or any third party;
- include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
- post advertisements or solicitations of business.
We also reserve the right, for any reason, to remove or not publish any or all of Your Submissions and to remove content posted by you without prior notice.
8.3 You understand and acknowledge that, when you submit content in any form to “BODYBYFINCH”, We may authorise such content to be distributed or syndicated to or published on other “BODYBYFINCH” owned or operated environments or the web platforms of any of Our affiliates.
8.4 You indemnify Us, and will keep Us indemnified, against any breach of this Section 8 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
8.5 You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of Our Online Content infringes your copyright, please contact Us at email firstname.lastname@example.org
8.6 No intellectual property ownership rights transfer from Us to you as a result of these Site Terms, the services We provide, your access to and use of “BODYBYFINCH” and the Online Content or anything contained in or accompanying Your Submissions.
9. Your Responsibilities
9.1 You are responsible for your own access to “BODYBYFINCH” and that includes obtaining, at your own expense, all hardware, equipment, software and services needed to access and use “BODYBYFINCH” and the Online Content. If you access “BODYBYFINCH”, an application or any Online Content through a mobile or wireless device, you are responsible for all fees that your carrier may charge you for data, text messaging and other services, such as wireless access or communications.
9.2 You may not share your username or password. If you are provided with a user name and password to access any part of “BODYBYFINCH”, including the Online Content, you must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to Our Online Content without refund. When purchasing access to any Online Content, you must take all actions possible to protect your username and password from fraudulent use.
9.3 You must abide by applicable Commonwealth, State, Territory and international laws. Due to the global nature of the internet, you must comply with all laws, regulations and rules regarding Your Submissions, including those concerning online conduct and acceptable content. Specifically, you must comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
10. Indemnity by You
10.1 You are responsible for any loss, damage, cost, expense, claim or liability We suffer or incur as a result of your violation of these Site Terms or any breach by you of your responsibilities, representations and warranties.
10.2 You agree to indemnify and hold harmless “BODYBYFINCH” and its directors, other officers, managers, employees, shareholders, agents, affiliates, contractors and licensors from and against any and all such losses, damages, costs, expenses, claims and liabilities, including legal fees (on a full indemnity basis), resulting from any violation by you of these Site Terms or any breach by you of your responsibilities, representations and warranties.
11. Linked Sites
11.1 We are not responsible for the availability or content of other services that may be linked to or from “BODYBYFINCH”. Because We have no control over such services, you acknowledge and agree that We are not responsible for the availability of external services, and that We do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products or other materials on or available from such services.
11.2 You further acknowledge and agree that We are not responsible or liable to you or any third party, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through services that may be linked to or from “BODYBYFINCH”.
12. Disclosure by Us
We may be legally compelled to disclose certain information. You acknowledge and agree that, if We receive an order issued by a court or a subpoena or an enforceable order, notice or direction from a law enforcement or government agency, we must comply and will do so without your consent or prior notice to you. You irrevocably authorise Us to disclose your IP address, username, name, IP location and other information in response to any such order, subpoena, notice or direction.
13. DISCOUNTS & PROMOTIONS
13.1 Discounts apply ONLY to the promotional period advertised.
13.2 Multiple promotions with discounts may be advertised at any same time and given period.
13.3 Discounts may not be combined with any other offers or discounts
13.4 Discounts may not be redeemed for cash, credit or transferred.
13.5 Customers entitled to a discount must quote, enter or apply the valid discount code prior to order payment and finalization.
13.6 Discounts will not be applied to an order after payment has been made.
13.7 These terms and conditions apply in conjunction with any terms and conditions, written on or associated with, 'the discount'.
14. Disclaimers - Medical
14.1 “BODYBYFINCH” and Online Content include information and instructions relating to diet, yoga, exercise, fitness, mind health and meditation, and some of the products and services available through “BODYBYFINCH” and the Online Content relate to such topics. You acknowledge and agree that the following warnings and disclaimers apply to all such information, instructions, products and services.
14.2 Before participating in any diet, yoga or exercise program or using any diet or fitness products or services that may be described and/or made accessible in or through “BODYBYFINCH” and any Online Content, We strongly recommend that you consult with a medical practitioner or other provider. “BODYBYFINCH”, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.
14.3 “BODYBYFINCH” and the Online Content are not meant to be substitutes for medical advice from your doctor or health care provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in “BODYBYFINCH” or the Online Content.
14.4 Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content on “BODYBYFINCH” is the most recent on any particular subject.
14.5 You should never disregard medical advice or delay seeking it because of a statement you have read or heard on “BODYBYFINCH” and/or in any Online Content. “BODYBYFINCH” and the Online Content should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that “BODYBYFINCH” and the Online Content are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, Pilates or other exercise or fitness program or making changes to your diet.
14.6 You acknowledge and agree that, when participating in any diet, exercise, yoga or fitness program, or when using any diet or fitness products or services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
14.7 If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through “BODYBYFINCH” and any of the Online Content. If you experience any discomfort or pain during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
15. Disclaimers - General
15.1 We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of “BODYBYFINCH” and third parties (e.g., bloggers) are theirs alone, not opinions of “BODYBYFINCH”. Content created by third parties is the sole responsibility of the third party and its accuracy and completeness are not endorsed or guaranteed by “BODYBYFINCH”. You acknowledge and agree that, by providing you with the ability to view and distribute content through “BODYBYFINCH” and any Online Content, “BODYBYFINCH” is not undertaking any responsibility, obligation or liability regarding the content.
15.2 “BODYBYFINCH” and its affiliates, successors, assigns, employees, agents, directors, other officers and shareholders do not undertake or assume any duty to monitor “BODYBYFINCH” for inappropriate or unlawful content. “BODYBYFINCH” and its affiliates, successors, assigns, employees, agents, directors, other officers and shareholders assume no responsibility or liability which may arise from the content of “BODYBYFINCH” or any Online Content, including claims for defamation, libel, slander, infringement, invasion of privacy, obscenity, pornography, profanity, fraud or misrepresentation. Notwithstanding the foregoing, “BODYBYFINCH” reserves the right to block or remove communications, postings or materials at any time in Our sole discretion.
15.3 “BODYBYFINCH” is available "as is". We do not warrant that “BODYBYFINCH” will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through “BODYBYFINCH”. We do not make any warranties, express or implied, including those of merchantability or fitness for a particular or any purpose, with respect to “BODYBYFINCH” or any information, goods or services that are available, advertised or sold on or through “BODYBYFINCH”. We do not make any warranties or representations, nor do We endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on “BODYBYFINCH” or available through links on “BODYBYFINCH”. We reserve the right to correct any errors or omissions on “BODYBYFINCH”.
15.4 Although We intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other malicious materials to “BODYBYFINCH”, We do not guarantee or warrant that “BODYBYFINCH” or anything that may be downloaded from “BODYBYFINCH” will not contain malicious materials of that type. You acknowledge and agree that We are not liable for any damages or harm that you or a third party suffers or incurs and which is attributable to any malicious materials. If you rely on “BODYBYFINCH” and anything available through “BODYBYFINCH”, you do so solely at your own risk.
15.5 “BODYBYFINCH” may contain various combinations of text, images, audiovisual productions, opinions, statements, facts, articles and other information created by us or by third parties. Due to the number of sources from which content on “BODYBYFINCH” is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in that content. Accordingly, Our Online Content is for your reference only and should not be relied upon by you for any purpose. Information created by third parties that you may access on “BODYBYFINCH” or through links is not adopted or endorsed by Us and remains the responsibility of such third party. We make no warranties or representations that “BODYBYFINCH” or any Online Content will meet your requirements, or about the results that you may obtain from your use of “BODYBYFINCH” and any Online Content.
16. Limitation of Our Liability
16.1 Our liability to you is limited. “BODYBYFINCH” and its directors, other officers, managers, employees, shareholders, affiliates, agents, contractors and licensors are not liable for any incidental, indirect, consequential, special, punitive or exemplary damages of any kind whatsoever, including lost revenues or profits, loss of business or loss of data, in any way related to or connected with “BODYBYFINCH” or the Online Content, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in “BODYBYFINCH” or the Online Content, including as a result of breach of any warranty or representation or other term of these Site Terms.
16.2 Any claim against Us is limited to the amount you paid, if any, for use of “BODYBYFINCH” or any applicable Online Content. Regardless of any statute or law to the contrary (but subject to Section 15.3), any claim or cause of action arising out of, related to or concerning “BODYBYFINCH”, your use of “BODYBYFINCH”, or your access to and use of any Online Content must be commenced within one year after such claim or cause of action first arises. These Site Terms may be pleaded as an absolute bar to any proceeding commenced more than one year after the claim or cause of action first arises.
16.3 Where We supply you with goods or services and the supply is subject to the laws of Victoria and/or the Commonwealth:
- any non-excludable warranties and conditions implied by the Competition and Consumer Act 2010 (CCA) will apply to this agreement between you and Us, but
- to the fullest extent permitted by those laws, Our liability for any breach of the implied warranties and conditions is limited to replacing or repairing goods or supplying equivalent goods (or paying the cost of doing so) or re-supplying services (or paying the cost of doing so).
17. Compliance with Laws
By using “BODYBYFINCH”, you undertake to comply with all applicable laws and regulations and, without limitation:
- you must ensure that all software you install is lawful, properly licensed and used in accordance with all laws and applicable licences,
- you must not use a service (or allow it to be used) to create, store, host, serve or transmit any:
- illegal content,
- material that infringes copyright,
- defamatory material, or
- virus, malware or other malicious code,
- you must not use a service (or allow it to be used) in connection with or in furtherance of any fraudulent scheme or purpose, and
- you indemnify Us, and must keep Us indemnified, against any breach of this Clause 16 in relation to any claim, action, liability, cost, expense or charge of any kind whatsoever in connection with any such breach.
18. Governing Law
18.1 Any dispute between you and Us will be governed by the laws of the State of Victoria.
18.2 You and We submit to the non-exclusive jurisdiction of Victorian courts and all courts of appeal from them. You will not object to the exercise of jurisdiction by those courts on any basis.
18.3 Clauses 1, 2, 3, 4, 6, 8, 10 to 15, 17 and 18 survive termination for any reason of these Site Terms or the agreement between you and Us.
In the interpretation of these Site Terms:
- headings are for convenience only and do not affect the interpretation of these Site Terms,
- an expression importing a natural person includes any company, trust, partnership, joint venture, association, body corporate or governmental agency,
- a word denoting the singular includes the plural (and vice versa) and a reference to any gender includes the other genders,
- references to “includes” or “including” (and any similar words or expressions) are to be construed without limitation,
- references to a “Clause” or a “Section” mean a numbered clause of these Site Terms and to the sections within each clause, and
- references to “affiliates” include any subsidiary, other related body corporate or associate (within the meaning of the Corporations Act 2001 (Cth)) of “BODYBYFINCH” and to third parties contracting with “BODYBYFINCH” for the use of “BODYBYFINCH” - branded environments.