\nCopyright and Intellectual Property<\/h4>\n<\/li>\n<\/ol>\n
7.1.\u00a0\u00a0\u00a0\u00a0\u00a0 The Website, the Services and all of the related products of BODYTEC are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by BODYTEC or its contributors.<\/p>\n
7.2.\u00a0\u00a0\u00a0\u00a0\u00a0 All trademarks, service marks and trade names are owned, registered and\/or licensed by BODYTEC, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 use the Website pursuant to the Terms;<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 copy and store the Website and the material contained in the Website in your device’s cache memory; and<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 print pages from the Website for your own personal and non-commercial use.<\/p>\n
BODYTEC does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by BODYTEC.<\/p>\n
7.3.\u00a0\u00a0\u00a0\u00a0\u00a0 BODYTEC retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),<\/p>\n
to you.<\/p>\n
7.4.\u00a0\u00a0\u00a0\u00a0\u00a0 You may not, without the prior written permission of BODYTEC and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.<\/p>\n
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Privacy<\/h4>\n<\/li>\n<\/ol>\n
8.1.\u00a0\u00a0\u00a0\u00a0\u00a0 BODYTEC takes your privacy seriously and any information provided through your use of the Website and\/or Services are subject to BODYTEC’s Privacy Policy, which is available on the Website.<\/p>\n
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General Disclaimer<\/h4>\n<\/li>\n<\/ol>\n
9.1.\u00a0\u00a0\u00a0\u00a0\u00a0 Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.<\/p>\n
9.2.\u00a0\u00a0\u00a0\u00a0\u00a0 Subject to this clause, and to the extent permitted by law:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 BODYTEC will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.<\/p>\n
9.3.\u00a0\u00a0\u00a0\u00a0\u00a0 Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of BODYTEC make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of BODYTEC) referred to on the Website. includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 costs incurred as a result of you using the Website, the Services or any of the products of BODYTEC; and<\/p>\n
(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the Services or operation in respect to links which are provided for your convenience.<\/p>\n
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Limitation of liability<\/h4>\n<\/li>\n<\/ol>\n
10.1.\u00a0\u00a0\u00a0 BODYTEC’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.<\/p>\n
10.2.\u00a0\u00a0\u00a0 You expressly understand and agree that BODYTEC, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.<\/p>\n
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Termination of Contract<\/h4>\n<\/li>\n<\/ol>\n
11.1.\u00a0\u00a0\u00a0 The Terms will continue to apply until terminated by either you or by BODYTEC as set out below.<\/p>\n
11.2.\u00a0\u00a0\u00a0 If you want to terminate the Terms, you may do so by:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 not renewing the Subscription prior to the end of the Subscription Period;<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 providing BODYTEC with 14 days’ notice of your intention to terminate; and<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 closing your accounts for all of the services which you use, where BODYTEC has made this option available to you.<\/p>\n
11.3.\u00a0\u00a0\u00a0 Your notice should be sent, in writing, to BODYTEC via the ‘Contact Us’ link on our homepage.<\/p>\n
11.4.\u00a0\u00a0\u00a0 BODYTEC may at any time, terminate the Terms with you if:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 you do not renew the Subscription at the end of the Subscription Period;<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 you have breached any provision of the Terms or intend to breach any provision;<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 BODYTEC is required to do so by law;<\/p>\n
(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 the provision of the Services to you by BODYTEC is, in the opinion of BODYTEC, no longer commercially viable.<\/p>\n
11.5.\u00a0\u00a0\u00a0 Subject to local applicable laws, BODYTEC reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BODYTEC’s name or reputation or violates the rights of those of another party.<\/p>\n
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Indemnity<\/h4>\n<\/li>\n<\/ol>\n
12.1.\u00a0\u00a0\u00a0 You agree to indemnify BODYTEC, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and\/or<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 any breach of the Terms.<\/p>\n
\n- Dispute Resolution<\/li>\n<\/ol>\n
13.1.\u00a0\u00a0\u00a0 Compulsory:<\/h4>\n
<\/p>\n
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).<\/p>\n
13.2.\u00a0\u00a0\u00a0 Notice:<\/p>\n
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.<\/p>\n
13.3.\u00a0\u00a0\u00a0 Resolution:<\/p>\n
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:<\/p>\n
(a)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;<\/p>\n
(b)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Perth Mediation Services or his or her nominee;<\/p>\n
(c)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;<\/p>\n
(d)\u00a0\u00a0\u00a0\u00a0\u00a0\u00a0 The mediation will be held in Joondalup, Australia.<\/p>\n
13.4.\u00a0\u00a0\u00a0 Confidential:<\/p>\n
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.<\/p>\n
13.5.\u00a0\u00a0\u00a0 Termination of Mediation:<\/p>\n
If 28 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.<\/p>\n
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Venue and Jurisdiction<\/h4>\n<\/li>\n<\/ol>\n
The Services offered by BODYTEC is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia, Australia.<\/p>\n
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Governing Law<\/h4>\n<\/li>\n<\/ol>\n
The Terms are governed by the laws of Western Australia, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.<\/p>\n
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Independent Legal Advice<\/h4>\n<\/li>\n<\/ol>\n
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.<\/p>\n
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Severance<\/h4>\n<\/li>\n<\/ol>\n
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.[\/vc_column_text][vc_column_text]\n
BODYTEC $10 First Session Promotion<\/h2>\nTerms and Conditions<\/h2>\n\n- To be eligible customers must register their details and pay $10 for their first session.<\/li>\n
- By participating in the promotion or registering your details you are agreeing to these terms and conditions.<\/li>\n
- This offer is only valid to the first 100 customers or until 11:59 PM AWST 30th June 2019, which ever comes first.<\/li>\n
- This offer cannot be used in conjunction with any other offers.<\/li>\n
- This offer is only for Local Joondalup resident who live within a 10 km radius of our Joondalup Studio.<\/li>\n
- The First Session promotion must be used before the 30th\u00a0 June 2019 or within 14 days of claiming the promotion; whichever is later and the offer will expire after this time.<\/li>\n
- BODYTEC reserves the right to cancel or change this offer at any time.<\/li>\n<\/ol>\n
Promoter<\/h3>\n\n- This promotion is run by BODYTEC PTY LTD (ABN 11 628 379 671) of 3D 209 Winton Road Joondalup WA 6027<\/li>\n
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter\u2019s control); (b) any theft, unauthorised access or third party interference; (c) any Claim due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a claimant.<\/li>\n<\/ol>\n[\/vc_column_text][vc_column_text]\n
BODYTEC $90 Trail Offer 3x EMS Sessions<\/h2>\nTerms and Conditions<\/h2>\n\n- To be eligible customers must register their details and pay $90 for the trial offer.<\/li>\n
- By participating in the promotion or registering your details you are agreeing to these terms and conditions.<\/li>\n
- This offer is only valid to a limited number of customer or until 11:59 PM AWST 31st July 2019.<\/li>\n
- This offer cannot be used in conjunction with any other offers.<\/li>\n
- This offer is only for Local Joondalup residents who live within a 10 km radius of our Joondalup Studio.<\/li>\n
- The three EMS Training sessions must be used within 28 days of claiming the promotion; after which the offer will expire and any unused session will be lost.<\/li>\n
- BODYTEC reserves the right to cancel or change this offer at any time.<\/li>\n<\/ol>\n
Promoter<\/h3>\n\n- This promotion is run by BODYTEC PTY LTD (ABN 11 628 379 671) of 3D 209 Winton Road Joondalup WA 6027<\/li>\n
- Except for any liability that cannot be excluded by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the Promotion, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter\u2019s control); (b) any theft, unauthorised access or third party interference; (c) any Claim due to any reason beyond the reasonable control of the Promoter; (d) any tax liability incurred by a claimant.<\/li>\n<\/ol>\n[\/vc_column_text][\/vc_column][\/vc_row][vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″ shape_divider_position=”bottom” bg_image_animation=”none”][vc_column centered_text=”true” column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_link_target=”_self” column_shadow=”none” column_border_radius=”none” width=”1\/1″ tablet_width_inherit=”default” tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid” bg_image_animation=”none”][nectar_btn size=”large” button_style=”regular” button_color_2=”Accent-Color” icon_family=”none” url=”\/” text=”Back to Homepage”][\/vc_column][\/vc_row]\n","protected":false},"excerpt":{"rendered":"
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″ shape_divider_position=”bottom” bg_image_animation=”none”][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_link_target=”_self” column_shadow=”none” column_border_radius=”none” width=”1\/1″ tablet_width_inherit=”default” tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid” bg_image_animation=”none”][vc_column_text] Website Terms and Conditions of Use About…<\/p>\n","protected":false},"author":15,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":[],"yoast_head":"\n
Terms and Conditions | BODYTEC Joondalup | EMS Training<\/title>\n\n\n\n\n\n\n\n\n\n\n\n\n\t\n