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BeActive at Home Terms of Service

  1. Beactivephysio.com website terms and conditions of registration

The Beactivephysio.com websites at http://beactivephysio.com are owned and operated by BeActivePhysio Trading Pty Ltd (ABN 39 121 300 141) of address 700 High St, Prahran VIC 3181.

By clicking “I accept”, you agree to be personally bound by these terms and conditions, 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. By clicking “I accept”, 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.

These terms apply to the use of this Website, including the use of the information services provided through this Website.

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.

Liability Waiver

  • I agree to consult with a physiotherapist or health or appropriately qualified clinician if you have any concerns throughout the program about my recovery, fitness, health or any injury or other health or body concerns.
  • I agree not engage in any exercise program or other physical activity if your healthcare professional advises against it and I must consult a qualified medical professional if you have any questions concerning my medical condition, health or injury.
  • I agree to immediately seek medical attention if there are any unanticipated or concerning changes to my physical condition at any time.
  • In particular, if you fall within one of the following classes of persons, then you should first consult a qualified healthcare professional before following any exercise programs (including BeActive at Home) or using any of the Information:

– Postpartum and breastfeeding women

– persons with any ongoing physical condition or illness such as persons suffering from cancer or other long term illness;

– persons with liver disease, kidney disease, or renal failure,

– persons with eating disorders;

– persons with heart conditions, 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.

  • I agree that by participating, I am doing so voluntarily and at my own risk.
  • I acknowledge that participating in Live BeActive at Home classes delivered by BeActive Physio through Zoom Video Communications, Inc, classes are in real-time and my video and audio will be shared to the physiotherapist taking the session and any other participants. I understand that I can control my settings and choose not to share personal audio/video at any time (see relevant help) guides https://support.zoom.us/hc/en-us/categories/201137166 )
  • I acknowledge that any information shared during the session may be heard/seen by other participants in the class, and that privacy cannot be guaranteed. I acknowledge that the physiotherapist may share information about my health condition, or information that could be considered of a personal nature if this is relevant to the session.
  • I understand that sessions are conducted using Zoom Video Communications software and BeActive is not responsible for any security or privacy issues that may arise through use of this platform, see Zoom Video Communications’ privacy policy for more information https://zoom.us/privacy-and-legal. Sessions are password protected and links are only emailed to participants, any persons not registered for the class will not be admitted into the session. Sessions are not recorded by BeActive Physio

Memberships

  1. Registration of a “Weekly Membership” members covers a minimum subscription of 1 week. One your first week is complete, your membership will roll over to a weekly subscription until you notify us by email of your wish to cancel at office@beactivephysio.com. We will notify you by return email when your cancellation has been processed. Upon cancellation, all downloadable content associated with your membership will cease to be accessible.
  2. Registration of an Upfront Membership (1 month, 3 months or 6 months) will give you access for the either 1 month, 3 months of 6 months depending on the option chosen. Payment of the full membership is payed in full at time of purchase, and the expiry date is from date of purchase and for the number of days relevent to the membership selected.
  3. If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you alone. Further you acknowledge that BeActive at Home program is entitled to suspend or terminate your use of the Website or membership at any time if BeActive at Home reasonably considers that you have brought, or may bring, the reputation of BeActive at Home or its members into disrepute. If you are registering on behalf of a minor, it is your responsibility to inform them of their obligations as a user of this Website and ensure compliance with these terms.
  1. Payment and Refunds

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 expect that we will use Stripe payment gateway or a similar service for most financial transactions. 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.

Our subscription fee and other charges are in AUD and are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST 

When purchasing from BeActive Physio Trading Pty Ltd, your financial details are passed through a secure server using the latest 256-bit SSL (secure sockets layer) encryption technology. If you have any questions regarding our security policy, please contact office@beactivephysio.com.

To the extent permitted by law, including subject to any rights you may have under the Australian Consumer Law: all fees are non-refundable unless:

during the period in which you have paid for access to our information service through this Website, the information service is not available. In this circumstance, a pro rata refund may be granted upon written request by email at office@beactivephysio.com, however you acknowledge that we may refuse a request where we are able to provide the information service to you through alternative means (such as email, Instagram, etc); or

we agree to issue you with a refund in accordance with clause 9 below.

You must bear any expenses that you may incur in connection with your request for such a refund. Upon receipt of a refund your subscription with us is at an end and we will cancel your account. You agree that this is your sole remedy in these circumstances.

All fees are non-cancellable and non-refundable except as expressly set out in these terms and conditions. You will not be able to terminate your subscription prior to the end of the subscribed term, and you will not be granted a refund. If you have chosen to pay the subscription fee in weekly instalments, you acknowledge that your account will continue to be debited until you contact us at office@beactivephysio.com with 7 days notice required.

 

  1. 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, which arises as a result of:

 

(a) your breach of these terms and conditions;

(b) your use of, or access to the Website; and

(c) any failure to comply with any law,

 

except that you are not required to indemnify us for any losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred to the extent that they were was caused or contributed to by any negligent or wilful act or omission by us.

 

  1. Intellectual property

Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (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 are the property of their respective owners. Nothing on the Website 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 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 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:

sharing the content of this Website or your account with other persons;

publishing or posting any of the content (such as recipes or exercise programs) on any other website, including on social media pages or websites;

using the logo or trade marks of this Website, the phrase “BeActive at Home ” (or anything substantially identical or deceptively similar), BeActive at Home or her likeness to describe, market, endorse or promote any goods or services (including goods and services such as meal plans and personal training services);

registering or maintaining any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or BeActive at Home; and

systematic downloading or “scraping” of content of the Website.

We may, from time to time, monitor your use of the Website to determine if you are in breach of these terms. Such monitoring may include:

 

the frequency and nature of any downloads; and

the time of access and IP addresses used to access the Website.

We may suspend, limit or terminate your access to the Website (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms.

 

  1. Linked Websites

The Website (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 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.

 

  1. 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 BeActive at Home 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:

 

received notice of such changes when we place a notice on the Website setting out the changes; and

agreed to the terms and conditions as varied the next time you access your account after we publish the notice on the Website.

If you do not agree with the changes, then prior to you accessing your account you may notify us by emailing support@beactiveathomesupport.com and requesting a pro-rata refund. Where the proposed changes have more than a minor detrimental effect on your circumstances (in our reasonable opinion), we will refund a percentage of your subscription fee calculated by reference to the amount of time remaining on your subscription.

 

  1. Internet Safety

This Website seeks to adhere to the “Internet Industry Code of Practice” (“IICP”) available at www.acma.gov.au. In accordance with the obligations on Content Hosts described within the IICP, we:

 

(1) encourage those users who upload content to use appropriate warnings and/or labelling systems in respect of material which is likely to be considered unsuitable for minors according to the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, even though such material may not be Prohibited or Potential Prohibited Content; (2) notify you that you must not place on the Website content that is in contravention of any Australian State, Territory or Commonwealth law; (3) warn you to be aware of the risks of using social media websites such as forums and chat rooms and encourage you to read further information on how you can minimise the risks for you and your children, by visiting www.cybersmart.gov.au, or following the link in the bullet point below; (4) encourage you to read the Internet Industry Association’s (IIA) Guide for Internet Users for information about methods of supervising and managing your children’s access to internet content and obtaining an IIA Family Friendly Filter at: http://www.iia.net.au/index.php?option=com_content&task=view&id=416&Itemid=9#what_must_i_do; (5) notify you that you have a right to make complaints to the Australian Communications and Media Authority about content which you believe may be Prohibited Content or Potential Prohibited Content in accordance with the Classification (Publications, Films and Computer Games) Act 1995 and relevant Classification Guidelines, by visiting www.acma.gov.au; and (6) encourage you to contact Program Administrator at support@beactiveathomesupport.com if you would like to make a complaint about any of the content shown on the Website, or have any queries regarding unsolicited commercial emails (SPAM) received from us, or seek further information regarding the above obligations.

 

  1. Personal Information Collection Notice

In registering for access or using this Website, 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 to 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 promotional material to you.

 

While we store the majority of the personal information that we collect from you in Australia, we may from time to time store some of the information in a computer server located in the United States.

 

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, 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.

 

Our Privacy Policy can be viewed in full here at http://beactivephysio.com/privacy. The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may complain about a breach of the privacy laws, and how we will deal with such a complaint.

 

  1. Severance & Termination

BeActive Physio 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.