TERMS AND CONDITIONS
Effective Date: 18th March 2021
TERMS AND CONDITIONS
Welcome to battlebabesfitness.com (the Website or Site). The Website is operated by Anna Maria Lang (AML). The Website provides you with an opportunity to access content, to browse and purchase various products and services including online reading materials and videos, electronic magazines and instructional courses that are either provided free of charge or have been listed for sale through the Website (the Products). Throughout the Site, the terms “we”, “us” and “our” refer to AML. The Terms and Conditions (“Terms”) apply to all individuals, including vendors, customers, merchants, participants, users, members, visitors and others who use, access or engage with the Website and who purchase or use our Products.
BY ACCESSING OR USING THE WEBSITE AND OUR PRODUCTS IN ANY WAY, INCLUDING ANY AND ALL INFORMATION, SERVICES AND PRODUCTS DEVELOPED BY AML, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE LEGALLY BOUND BY THESE TERMS, AS UPDATED FROM TIME TO TIME.
1.1 By accessing, viewing, or using the Website or purchasing our Products you signify that you are 18 years of age or older and that you are authorised to enter into this Agreement. You also accept that your use of the Website and Products will be in compliance with all applicable laws and regulations.
1.2 If you disagree with any part of the Terms, you are not permitted to access the Website or use our Products. AML does not and is not responsible for screening visitors and users of the Website or the Products including age status, at any time.
2.1 AML provides instructional courses and information relating to health, fitness, exercise, weight loss and wellbeing.
2.2 Neither AML, the Products, or any information contained on the Website, on our Products or any other location endorse a particular approach to health, fitness, exercise, weight loss and wellbeing. Nor does AML make any claims in relation to the effects or success of any of its Products in relation to an individual’s health, fitness, exercise, weight loss and wellbeing.
3.1 AML owns copyright in the Website and Products and in all materials developed by AML. This includes, but is not limited to: written information; artwork, graphic designs, photographs and other images; audio recordings; audio-visual recordings; and computer programs and coding.
3.2 AML’s ownership rights are protected by domestic and international copyright laws and other intellectual property rights. Remedies for infringement of AML’s rights are likely to include an injunction, damages or an account of profits. Violation of copyright can also constitute a criminal offence.
- TRADE MARKS All trade marks, service marks, trade names, logos and other indications of origin displayed on the Website, on the Products or used in relation to the Website or Products, or displayed in or any other work or materials developed by AML are the exclusive property of AML.
- ACCESS AND USE OF THE WEBSITE
5.1 By accessing and using our Website and Products you agree that you have taken your own precautions to ensure your access does not expose you to the risk of viruses, malicious computer code, corrupt software, Trojan horses, or any other forms of interference that could potentially damage your computer, system, platform or device. AML accepts no responsibility for any interference or damage to your computer, system, platform or device, which arises in connection with your use of the Website or associated services or its Products.
5.2 When using the Website or the Products on the Website, you shall not post or send to or from the Website any material that:(a) Has not obtained all necessary consents and permissions.
(b) Is discriminatory, obscene, defamatory, pornographic, liable to incite racial hatred, in breach of confidentiality or privacy, which may result in annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, gives rise to a civil liability, or is otherwise contrary to the law.
(c) Is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, spam, or other potentially harmful software or data.
(d) Infringes any intellectual property rights.
5.3 AML gatekeeps the Website with integrity and to the best of its ability. AML reserves the right to take down or delete or take other action in relation to any and all material or posts at any time, for any reason, without providing notice or reasons, and without any further obligation or liability. AML also reserves the right to block access to the Website or its Products or to terminate its relationship with all users, participants, members or visitors at any time, for any reason, without providing notice or reasons, and without any further obligation or liability. AML is not responsible for the potential use of controversial, misleading, or otherwise harmful content or posts made by any user, participant, member or visitor, including any damages, injuries or losses to any party or third party.
5.4 The information on the Website may contain inaccuracies or typographical errors. AML does not warrant the accuracy or completeness of the information or the reliability of any advice, opinion, statement or any other information displayed through the Website.
5.5 AML does not guarantee, represent or warrant that your use of the Website will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the Website for indefinite periods or cancel the Products or services associated with the Website at any time, without notice to you. You expressly agree that your use of, or inability to use, the Website the Products and associated services is at your sole risk.
- USER ACCOUNTS
7.1 The Website and Products may require you to create a user account. All individuals or organisations that create an account are advised to keep their username and password confidential and are responsible for any activity associated with their account.
7.2 In any circumstances of unknown or unauthorised usage, you are required to notify AML as soon as possible. However, AML is not to be held responsible for any type of loss suffered due to unknown or unauthorised usage of your account for any reason, including your failure to maintain the confidentiality of your username, password or other account information.
7.3 AML may collect your account details in order to:
(a) Respond to enquiries, and/or other requests or questions;
(b) Process purchases of our Products;
(c) Process requests and send information and updates pertaining to your request. To do this, you must provide us with complete and accurate details; and
(d) To send you additional information relating to the Products and services or changes thereto, fees and charges, or payments.
- WEBSITE HOSTING All reasonable measures are taken to ensure the Website is operational every day. However, it is possible that scheduled maintenance or other technical issues may result in downtime. If this occurs, AML is not liable for any loss or damage of any kind whatsoever caused by the Website or associated services being unavailable. While advance notification of maintenance may be given, AML is not obliged to provide such notice.
- PURCHASE OF PRODUCTS
9.1 In using the Website to purchase the Products, you will agree to the payment of the purchase price listed on the Website for the Products (the Purchase Price).
9.3 Following payment of the Purchase Price being confirmed by AML, you will be issued with a receipt to confirm that the payment has been received and AML may record your purchase details for future use.
9.4 Delivery of the Products may be via digital files or live streamed. You acknowledge and accept that there are inherent risks with digital files and online platforms.
- PERSONAL COACHING
10.1 AML provides personal services to individuals including tailored, face to face coaching and counselling services (the Coaching). By accessing the Coaching services you agree to be bound by these Terms.
11.1 All information, tools and techniques are developed, offered and shared by AML as a coach and mentor. All information developed and shared, including information contained on or through the Website, Products, links to public social media pages used by AML, or any other information or content developed by AML or any of its coaches and shared via any medium, are for informational purposes only. It does not address your specific circumstances and is not professional advice. You acknowledge and agree that any information provided on the Website, the Products and any content or materials provided by AML is not professional advice.
11.2 AML does not guarantee the accuracy, relevance or completeness of such information or the techniques and methods used.
11.3 AML is not responsible for how any information developed and shared by AML is used or interpreted by any visitor, client, user, participant, third party or otherwise, including any information contained on the Website, the Products or in social media.
11.4 You acknowledge and agree that your use of the Website and Products does not create a fiduciary relationship between us.
11.5 Use of the Website and Products and any information, tools or techniques contained on or through the Website, including any free or purchasable information, downloadable content, or any links to AML’s public social media pages, is at your sole risk and is provided without any representations or warranties, express or implied. This includes the purchase of personal session(s) with any of the coaches of AML.
11.6 AML does not warrant the accuracy or completeness of the information or the reliability of any advice, opinion, statement or any other information displayed through the Website or the Products.
- NOT MEDICAL ADVICE
12.1 AML is not a medical or health practitioner. It does not conduct any medical work or diagnosis. Therefore, any information contained in the Website or Products of AML, including any free or purchasable information or downloadable content, or any links to AML’s public social media pages, or any information provided in personal or group sessions, including any tools, techniques, or processes, is not medical advice and should not be treated as such. The information does not provide or replace medical or therapeutic treatment, diagnosis, prescription or advice in any way. You must not rely on the information on the Website or from the Products as an alternative to medical advice from your doctor or other professional healthcare provider.
12.2 Medical Assistance
a) All individuals should consult the relevant health professional, or otherwise, for diagnosis, treatment and support before utilising any of the information contained on our Website and Products.
(b) If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.(c) If you think you may be suffering from any medical condition, you should seek immediate medical attention.
(d) You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our Website or the provision of our Products.
- YOUR RIGHTS Your use of the website and Products is subject to Australian laws which provide you with certain rights that cannot be excluded. Nothing in these terms exclude, restrict or modify a right or remedy provided to you by Australia laws which cannot by law be excluded, restricted or modified.
14.1 Your use of the Website, its content, our Products and associated services is at your own risk. To the extent permitted by law, AML shall not be liable for any direct, indirect, incidental, special or consequential injury, loss or damages which might arise from your use of, or reliance upon, any material or content contained in, or inability to use, and/or unlawful activity on, the Website or services and/or any linked third party website or any of our Products.
14.2 You hereby agree to indemnify and hold harmless AML against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of the Website and/or any linked third party website or any of our Products.
- LIMITATION OF LIABILITY You expressly understand and agree that AML, its affiliates, employees, agents, contributors, third party content providers 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.
16.1 AML may terminate or suspend your access to the Website and Products immediately without providing notice or reasons and without any further obligation or liability. It may terminate or suspend your access for any reason whatsoever, including without limitation if you breach the Terms.
16.2 All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, provisions relating to intellectual property rights, warranty disclaimers, indemnity and limitations of liability.
- NON-WAIVER A provision of this agreement or a right created under it may not be varied or waived except in writing, signed by AML.
- CHANGES TO TERMS AND CONDITIONS
19.1 These Terms may change. AML reserves the right and sole discretion to modify or replace these Terms at any time and without notice. AML will nevertheless endeavour to bring changes to these Terms to the attention of customers, users, participants, members and visitors.
19.2 By accessing or using the Website and services after any change to these Terms you are agreeing to be bound by the revised Terms.
- TAXES For Australian clients and users, products and services may include GST. All prices are shown in Australian dollars.
- JURISDICTION This agreement is governed by the law of Australia and the Queensland. Each party submits to the non-exclusive jurisdiction of the courts of that place.
You can contact us about these Terms using the following details: