TERMS PURCHASE AGREEEMENT
BACKGROUND
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY BODYFABULOUS PROGRAMS by Dahlas Fletcher. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website or join our private Facebook community.
BodyFabulous / Dahlas Fletcher (ABN 3123 023 8063) provides pregnancy and postpartum fitness and wellness training support products for pregnant postnatal and women.
The services and products provided by BodyFabulous have been created with a deep intention to provide development support to prenatal and postpartum women by renowned and experienced trainer and mentor, Dahlas Fletcher.
You can purchase a range of pregnancy and postpartum fitness and wellness service packages to meet individual client needs via this website.
This Purchase Agreement (Agreement) forms a binding contractual agreement between you, the Purchaser, and BodyFabulous.
These Terms of this Agreement are important, and you should ensure that you read them carefully and contact BodyFabulous email at info<at>bodyfabulous.com.au if you have any questions before purchasing our Products and Services.
This Agreement constitutes the entire and only agreement between the purchaser (you) and BodyFabulous (us) and supersedes all prior agreements, conduct, representations, and understandings.
We value your personal information and will not share your information without your express consent. Please view our Privacy Policy in full here
By proceeding with your purchase, you confirm that have the legal capacity to enter into this Agreement and to be bound by its terms.
ACCEPTANCE of TERMS
By accessing, downloading or using the Products and Services offered on our Site, you agree to be bound by these Terms, which you acknowledge that you have read and understood.
We may change all or part of these Terms at any time. If we do, the new terms and conditions will be posted on this Site. Your continued use of the Site will constitute your acceptance of any changes. If you object to any changes to the Terms, your only remedy is to immediately discontinue your use of the Products and Services.
MEDICAL DISCLAIMER
All of the information on this site assumes that the pregnant, post natal woman, female or male is in good physical and mental health, and that if pregnant it is without risk factors or complications. Bodyfabulous website and video content is for informational purposes only and is not intended to offer medical advice, or replace the recommendations of your Doctor, Midwife, Physical Therapist or Medical Practitioner. Always consult your Doctor before beginning any exercise program. BodyFabulous / Dahlas Fletcher will not be held responsible in anyway for circumstances, conditions or injuries that result directly or indirectly from information provided.
SERVICES and PACKAGES
The BFAB METHOD online, Ultimate Pregnant Core 8 week online program and BODYFABULOUS BESPOKE packages plus other personal training and group coaching are designed to help women of all levels of fitness exercise safely and effectively during and after pregnancy using online workouts, nutritional guidance and mentoring
PRICING and PAYMENT
Current price and packages for all online, group sessions and Bespoke programs are as listed via the website link provided check out cart.
Personal Training packages are invoiced as per casual, or packs purchased and you agree to the terms and conditions outlined as per the price list and registration form signed prior to purchase.
All prices include GST for accounts with a registered Australian address.
BodyFabulous reserves the right to change fees and charges at any time without notice. Please check the website link provided for updated fees and charges.
All credit payments are required to be made online via PayPal or Stripe / AMEX not accepted
ONLINE PROGRAM BILLING TERMS
PLEASE READ THESE BILLING TERMS CAREFULLY.
These Billing Terms (“Billing Terms”) are supplementary to and form part of our BodyFabulous Terms and Conditions (“Terms and Conditions”). Any capitalized term used in these Billing Terms has the same meaning as defined in the BodyFabulous Terms and Conditions.
1. All purchases on the Website are subject to the Terms and Conditions.
2. Subscriptions can be purchased either directly from:
(a) the Website (Website Purchase); or
(b) via an external App (In-App Purchase)
3. The BodyFabulous BFABMETHOD Subscription fee (“Subscription Fee”) will apply regardless of how much or how often you access or use the Subscription.
Website Purchase
4. Subscriptions purchased directly from the Website are managed and billed by BodyFabulous Pty Ltd. (us).
5. All Website Purchases are processed securely via our third-party payment gateway providers. Please refer to their Terms and Conditions for additional information.
6. All transactions are handled over SSL (secure sockets layer) and are PCI (payment card industry)-Compliant. We do not store your credit card details which will be stored by Stripe (payment processing platform; https://stripe.com/en-au).
In-App Purchase
7. These include a purchase made via an external App Store, such as the Apple App Store or Google Play Store (“In-App Purchase”).
8. An In-App Purchase is purchased from and billed by the respective App Store, not by BodyFabulous Pty Ltd directly. (us).
9. You agree that:
(a) In-App Purchases are processed securely via the payment gateway used by the relevant App Store provider; and
(b) For purchases made via the Apple App Store you must raise with the App Store directly any payment-related issues you experience with an In-App Purchase or return request.
(c) For purchases made via the Google Play Store you can contact us here for any payment related issues you may experience with an In-App Purchase or return request.
Payment
10. The one (1), three (3), six (6) and twelve (12) month Subscriptions are payable up front in lump sums at the commencement of the Subscription.
11. Subscriptions will be auto-renewed on the first day of your next billing period unless you expressly indicate to us you do not wish to renew as per section
12. If you have purchased your Subscription via our Website, you are required to let us know if your Payment Method changes. You can do this by emailing info (at) bodyfabulous.com.au or contacting us here
13. We will assume your Payment Method is correct and will continue to bill Subscription Fees and charges relating to your Subscription by your nominated Payment Method:
(a) If any Subscription Fees billed to your account are not processed for any reason we may suspend your Subscription until payment is made in full.
14. We reserve the right to vary the Subscription Fees from time to time, but only for the next and subsequent billing periods. In that event we will give you reasonable notice of the variation before it will come into effect; and
(a)If your purchase was made via the Website and you do not cancel your subscription before your next billing cycle, you will be deemed to have accepted the variation.
(b)If your purchase was made via the Apple App Store or Google Play Store and if you do not accept the price increase, your Subscription will automatically be cancelled.
Free Trials
10. Occasionally during limited promotional periods only subscription options can offer new users limited / set days of free unrestricted access to BFABMETHOD.
16. Free trials are only available to new users and are provided at our sole discretion and not available in conjunction with other offers that we may have from time to time. Please be aware that if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.
17. We reserve the right to revoke your free trial at any time.
18. You may cancel anytime on the platform where you created your user account within the first 7 days, otherwise you will be charged for the Subscription after your 7-day free trial ends.
19 All payments made on the iOS app are charged via your Apple ID account and are controlled and managed by Apple. Apple requires cancellation requests to be made at least 24-hours prior to the end of your 7-day trial.
20. Any unused portion of your free trial period will be forfeited upon purchase of a Subscription.
Promotions
21. We may offer special promotions, trials, discounts, offers or coupons from time to time directly through the Website or through third parties, subject to any third party’s terms and conditions separate to our Terms and Conditions. It is your responsibility to read and understand any third party terms and conditions. For Sale and other heavily discounted programs – refunds are not provided / sale is final.
22. Any trial offers or Subscriptions will automatically roll over to a paid Subscription unless cancelled at the end of the promotional period, or unless otherwise stated
Cancellation
23. Unless you cancel or opt-out of automatic renewal of your Subscription before the expiry of your Subscription, you will be charged for a renewed Subscription in the same cost of your initial Subscription on the date that your initial Subscription expires, unless otherwise stated.
24. After cancellation, you will continue to have access to the BFABMETHOD for the remainder of your billing period.
25. To cancel your subscription you will need to go email info at bodyfabulous.com.au via here https://bodyfabulous.com.au/join-us/
(a) If you subscribed via the website, go to Billing & Subscriptions in Settings, and click the edit icon. Click Cancel Subscription.
(b) If you subscribed via the iOS app or Android app, you will need to cancel your subscription via your Apple ID Subscriptions or your Google Play Subscriptions.
26. All payments made through your Apple ID account are controlled and managed by Apple who require cancellation 24-hours prior to the end of your billing period.
27. We do not offer refunds or credits for unused Subscription periods, accidental purchases, medical conditions, or any other reason or event, unless we are required by law to do so.
28. If you are dissatisfied with our services for any reason, please contact us at here to discuss.
Governing Law
29. The laws in force in Queensland, Australia govern these Billing Terms.
REFUNDS
30. You understand and agree – Due to the digital nature of the product refunds are not available for any purchase or download, unless there is a breach of the Australian Competition and Consumer Act 2010. You can however cancel your access to the program at any time.
31. The BFABMETHOD online membership has a proven success path and you will learn to move in a way that you will look forward too. If you show me that you have completed all the lessons, followed all the workouts plus read and completed the workbook actionable items, and you still haven’t seen an improvement in your wellbeing, energy and deep core then I will personally refund your money – provided it is within 72 hours of the course start date and within terms and conditions As a BFABMETHOD online member who chooses the 6 month in full payment or 12 month payment plan may cancel their membership in the first 72 hours of enrolment for a $20 AUD cancellation fee. After 72 hours the fee to cancel is the remaining cost of the membership agreement. All Lifetime membership purchases are paid in full and are a final sale, there is no cancellation or refund for this payment option.
32. Only in the unfortunate event of pregnancy loss (with Doctors letter provided) will a refund will be provided for Private Personal Training and /or Face to Face Sessions – upfront payment is required at the start of each block for group & face to sessions. Refund amount will be calculated on the remaining sessions available for attendance within expiry date. Refunds of face to face sessions will not be provide if an environmental, or “act of God” occurs, for example pandemic, cyclone or flood. However if circumstances allow for make up sessions, will be offered at a later date or sessions continued as virtual sessions.
33. WORKSHOP / GROUP SESSIONS- Due to Room Hire Fees and Limited Group Numbers, full refunds (less processing fee) are only provided 7 days prior to workshop or group block of sessions commencing, due to pregnancy loss, illness or injury inhibits attendance to course / program – a Doctors letter must be provided.
33.b All Refunds incur a $20 processing fee and funds are returned to the card provided at time of purchase (no bank transfers available). Face to Face Workshop session / group classes are transferrable to another person, payment arrangement is to be arranged by the original purchaser of the session and new attendee must complete and sign a BodyFabulous registration form with medical clearance to exercise 24 hours prior to attending.
34. If a FITBALL has been purchased, inflated or other equipment supplied ready for the workshop or private session. No refund can be provided and must be collected at a later date.
RIGHT TO TERMINATE
35. BodyFabulous reserves the right to terminate your use of the Site, Social Media Access, Session Access and Services generally if you breach these terms, as determined by us in our sole discretion.
LICENSE
36. Upon purchase of any product or service under this Agreement, including but not limited to eBooks, Workbook, Videos and all PDF downloads (Our Content) BodyFabulous grants the purchaser a perpetual, worldwide, restricted, and non-exclusive license for use of such content for personal use only.
RESTRICTIONS
37. All materials produced by BodyFabulous are not for reproduction or use as a training tool in your own workshops or communities or for distribution to and use by your clients without the express permission in writing from BodyFabulous.
An application for permission to use any materials or content may be submitted to email info<at>bodyfabulous.com.au
TERMS OF SERVICE
38. These Terms & Conditions also include the TERMS OF SERVICE here for the use of the BodyFabulous Website https://bodyfabulous.com.au/ and BFABMETHOD website https://bfabmethod.com
COPYRIGHT AND INTELLECTUAL PROPERTY (Trademarks)
39. All material on this Site or otherwise delivered by BodyFabulous including (but not limited to) eBooks, videos, graphics, (Our Content), photos are subject to copyright.
You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site or in person by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by BodyFabulous for The BodyFabulous, (the “Company”) and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
Modification of our Content for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
You acknowledge that you do not acquire any ownership rights by using the Site or our content.
The trademarks, logos, business name and service marks displayed on our Site are the registered or unregistered trademarks of BodyFabulous and BFAB METHOD
The trademarks whether registered or unregistered, may not be used in connection with any product or service that does not belong to BodyFabulous and BFAB METHOD in any manner that is likely to cause confusion with customers, or in any manner that disparages BodyFabulous.
Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any trademark without our express written permission.
You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that BodyFabulous will be entitled to seek injunction relief if such steps are necessary to prevent violations of its intellectual property rights.
If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgement or compensation to you.
PRIVACY
40. The Company shall use commercially reasonable efforts to restrict unauthorised access to our data and files. However, no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorised third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
GENERAL DISCLAIMER
41. All BodyFabulous products and services are intended for general education and information purposes only.
BodyFabulous provides Pregnancy and Postpartum and Female wellness and exercise support, guidance and workouts, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility.
Your success depends on many factors, including your personal health, wellness background and application.
Any testimonials and examples of our marketing materials are not to be taken as a guarantee that you will achieve the same or similar results.
42. You acknowledge and agree that BodyFabulous, its employees and representatives are not responsible for decisions that you may make, BodyFabulous website and video content is for informational purposes only and is not intended to offer medical advice, or replace the recommendations of your Doctor, Midwife, Physical Therapist or Medical Practitioner. Always consult your Doctor before beginning any exercise program and continue to seek medical advice if conditions persist. BodyFabulous / Dahlas Fletcher will not be held responsible in anyway for circumstances, conditions or injuries that result directly or indirectly from information provided.
DISPUTE RESOLUTION
43. Should a dispute arise between us, we strongly encourage you to contact BodyFabulous at info <at>bodyfabulous.com.au to seek a resolution.
Any reasonable requests will be considered and BodyFabulous will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, Paypal, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HERE-UNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
44. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
APPLICABLE LAW
45. These Terms shall be construed in accordance with and governed by the laws of the State of Queensland, Australia.
You consent to the exclusive jurisdiction of the courts in Queensland, Australia to determine any matter or dispute which arises between you and BodyFabulous.
By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
www.bodyfabulous.com.au www.bfabmethod.com
LAST UPDATED August 5th 2022