Terms and Conditions 

Effective date: 24/4/22

 

Welcome to BABIO by Brooke! Thank you for choosing us.

BABIO by Brooke provides website features and other products and services to you when you: (a) visit www.BABIObybrooke.com and other websites or software which currently exist or may exist or be created by us in the future, associated widgets, mobile applications, and other distribution platforms operated by BABIO by Brooke (the "Site"); and (b) use BABIO by Brooke, services or communication tools/services (collectively, "Services").

Your viewing and use of our Site and Services ("Your Use") are conditioned on, governed by and subject to these Terms of Use ("Terms") including your compliance with our Privacy Policy. This Site may not be used in any way that is not expressly permitted by these Terms and our Privacy Policy. You should print a copy of these Terms for future reference. You consent to entering these terms electronically, and to storage of records related to these terms in electronic form.

IF YOU ACCESS THE SITE, YOU ARE AGREEING TO THESE TERMS, OUR PRIVACY POLICY AND/OR ANY OF THEIR PARTS. If you do not agree, please discontinue using our Site immediately. We are more than happy to answer any questions you have about our policies. Please contact us if you have questions.

 

  1. This is a Legal Agreement.

These Terms are a legal agreement between you and BABIO by Brooke and contain important information regarding your legal rights, remedies and obligations. By Your Use of the Site, you: (a) acknowledge you have read, understand, and agree to be bound by these Terms; (b) agree to comply with all applicable laws, rules and regulations with respect to Your Use of the Site; and (c) represent you are an adult at least eighteen (18) years of age and have the legal capacity to enter into contracts in the jurisdiction where you reside.

  1. No Children Are Permitted To Use Our Site.

This Site is not directed toward children under 18 years of age, nor do we knowingly collect information about children under 18. If you are under 18 years of age, you are not permitted to submit any personally identifiable information to us. If we find out you are under the age of 18 years of age, we will immediately upon notice cancel your account. If you wish to report an account created for a minor, please contact us at [email protected]

  1. Please Obtain Your Physician's Permission Before Beginning Any Exercise Program.

You understand that physical exercise can be strenuous and can expose you to the risk of serious injury. We urge you to obtain a physical examination from a doctor or physiotherapist before participating in any exercise activity. You voluntarily accept and assume any and all risks, known or unknown, associated with Your Use of the Site and our Services including, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means, including, without limitation: acts, omissions, recommendations or advice given by us. Should you need to consult the trainer in regard to your injuries prior to subscribing you may do so by contacting [email protected]

  1. Our Intellectual Property Rights.

BABIO by Brooke is the exclusive owner or licensee of all the content and materials on the Site (the "Content," as defined in this paragraph), and of all related intellectual property rights therein, including, but not limited to, all copyrights, moral rights, trademark and patent rights (the "IP"), except as to those rights which have been granted by IP holders. Our Content includes, but is not limited to, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, logos, text, music, sound effects, audio and/or audio-visual elements, videos, domain names, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation, stylistic convention and other distinctive brand features of the Site.

 

All trademarks, trade names, copyrights, logos and service-marks (collectively, the "Marks") related to our IP are our exclusive property. Unauthorized use of any of the Marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with us, or our approval or sponsorship of the user's products or services, or that is likely to dilute any of our Marks is strictly prohibited by law. All third party IP that appears in or on the Site is the property of their respective owners.

 

You do not acquire any ownership interest in any IP or the Marks by Your Use of the Site, including any IP and/or Marks we have received authorization to use. You may not use, reproduce, copy, modify, edit, distribute, transmit, adapt, reformat, create works from, display, perform, publish, license, sell or otherwise exploit, through any means or media, any of our IP or Marks or any of the Site's Content or Services.

  1. Your Permission To Use Our Site.

On condition of your acceptance of these Terms, we grant you a non-exclusive, limited, non-transferrable, non-sub-licensable, freely revocable license to use the Site, its Content and Services for your personal, non-commercial use. We reserve all rights not expressly granted herein. We also reserve the right to terminate your license to use the Site at any time, for any or no reason and, at our discretion, to charge to access and view certain parts of our Site.

  • Account Services.
  • You Are Responsible For Your Account Maintenance and Confidentiality.You may access some portions of the Site without registering. However, there is Content on this Site which is available only if you create an account. When any of the Services on the Site require you to open an account ("Account") or otherwise provide user or registration information, including username and password ("User Information"), you must complete the registration process by providing us with complete, truthful and accurate information. When you create an Account, you alone are responsible for maintaining the strict confidentiality of any username and password relied upon to gain access to your Account, and for the use by you and any other person or entity that accesses our Site by use of your User Information, whether or not that access was authorized by you. You must notify us immediately of any suspected or actual unauthorized use of your Account or your User Information, and of any and all other security breaches. You grant to us and to all other persons and entities involved in the maintenance and operation of the Site the right to use, store, monitor, retrieve and transmit your User Information in connection with maintaining and operating the Site.
  1. Cancelling Your Account/Account Termination.
  • You have the right to cancel your Account at any time.
  • We reserve the right to modify, suspend, and terminate any Account and/or to refuse to provide our Services to you or allow access to our Site, in our sole discretion, without prior notice, at any time and for any or no reason and without any liability to you, including but not limited to any of the following reasons: (a) breach or violation of these Terms; (b) upon request by law enforcement; (c) due to unforeseeable technical or security issues or problems; (d) for extended periods of inactivity; or (e) for fraudulent, deceptive, or illegal activity, or other activity which we believe is harmful to our Site and/or business interests.
  • Upon termination of your access to or ability to use our Site, including but not limited to suspension of your Account, your right to use or access any Service and/or any Content will immediately cease. You agree that termination, limitation of access and/or suspension shall be made in our sole discretion and that we shall not be liable to you or any third party for the termination, limitation of access, and/or suspension of your Account.
  • On termination of your Account or upon your deletion of any particular Service or Content, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; and (b) such removed Content may persist in backups (not available to others) for reasonable periods of time. You agree to release and indemnify us from all claims related to the retention of deleted Content.
  • For clarity, if you cancel your Subscription or it is terminated for any reason, you will lose access to all live and on-demand classes and any other Content or features provided through BABIO by Brooke. BABIO by Brooke in its discretion, may make available a very limited amount of Content or features to non-subscribers from time to time, and any use of that Content is governed by these Terms.
  1. No Sharing Account Information.You agree that you will not share your username and password with others. Excessive usage of the Site will be assumed by BABIO by Brooke to be fraudulent use and your account will be immediately cancelled without a refund.
  2. Reactivation.If you voluntarily terminate your Account or allow your Account to lapse, you may reactivate it through the Account interface on the Site.

 

  1. Fees for Features

Some of the Content on Our Site requires you to pay a fee, the details of which are available in various areas of the Site. You agree to pay all fees and applicable taxes incurred by you or anyone using your Account or your User Information.

We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in AUD. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or Services provided by, us, your Account may be closed and your User Information may be disabled without warning or notice at our sole discretion.

 

  1. Apps and Third Party Services

When you use our Apps, you may grant certain permissions to use your device. Most mobile devices provide you with information about these permissions. For most iOS devices: Open the iOS Settings screen; and select the app to see the features the app has permission to use. For most Windows devices, on the Start screen, tap or click Store to open the Windows Store, search or browse for an app, and then tap or click it; and scroll to the Details section of the app's description page to see the features the app has permission to use.

When you use our Site, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

 

  1. Third Party Websites

The Site contains links to websites of third parties and advertisements of third party products and services. If you use these links, you will leave our Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies and should review them carefully before entering any such websites. We do not endorse these websites and our Terms and Privacy Policy do not apply to them.

You expressly release us from any and all liability arising from your use of any third party website, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those advertisers. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party websites and/or their advertisers.

 

  1. Disclaimers/No Warranties

We administer, control and operate the Site from Canberra Australia. The Site is accessible world-wide. However, some of its features or functions may not be available or appropriate for use outside of Australia and/or may not be available to all persons or in all geographic locations. We make no representation that the Site or our Content and Services are appropriate or authorized for use in all countries, states, provinces, counties, localities or any other jurisdictions.

We do not represent that our Site is governed by or operated in accordance with the laws of other nations. Your Use of the Site may not be legal in your jurisdiction. Therefore, Your Use of the Site is on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and/or geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site provides information of a general nature only. You are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any individual may take based on any information or guidance provided at the Site.

AS A USER, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.

 

  1. LIMITATION OF LIABILITY (USE OF THE SITE)

BABIO by Brooke will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Information on this Site or the App. Under no circumstances will BABIO by Brooke be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits. If your use of the Site or the App results in the need for servicing or replacing of equipment, BABIO by Brooke will not be liable for those costs.

Where liability cannot be excluded, any liability incurred by BABIO by Brooke is limited to the re-supply of the Information on the Site or the App or the reasonable costs of having the Information re-supplied.

BABIO by Brooke Cannot guarantee device compatibility with the App, or smooth running of the App on the member’s wireless carrier.

 

  1.  CLAIMS OF COPYRIGHT INFRINGEMENT AND LICENSED APPLICATION COMPLAINTS

BABIO by Brooke takes responsibility for investigating any claims of IP infringement. Should you have any questions, claims or complaints surrounding potential IP infringement by BABIO by Brooke or individuals, groups or companies interacting with the Services, you can notify us at [email protected]

 

  1. Indemnity.

You agree to defend, indemnify and hold harmless BABIO by Brooke, as defined above, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to actual attorney's fees and costs) arising from: (i) Your Use of and access to the Site, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms and/or our Privacy Policy, including your breach of any of the representations and/or warranties contained in these Terms; (iii) your violation of any third party right, including any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your Account; and/or (vi) any other party's access and use of the Site and any of the Site's Services and/or Content with your unique username, password or other appropriate security code.

You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

 

  1. MISCELLANEOUS

By accessing and using this Site, you agree to submit to the exclusive jurisdiction of the Courts of ACT. If you access this Site from other jurisdictions, you are additionally responsible for compliance with local laws.

BABIO by Brooke’s failure to enforce any of these Site Terms shall not be construed as a waiver of any of BABIO by Brooke’s rights.

If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Site Terms without affecting the enforceability of the remaining terms.

A notice must be in writing and handed personally or sent by email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by email are deemed received on confirmation of successful transmission.

TO RETURN TO THE SITE

To return to the website, click where indicated. By doing so, you acknowledge that you have read, understood, and accepted the above Site Terms.

 

Contact Us

If you have any questions, concerns or complaints about these terms and conditions, please contact us:

  • By email: [email protected]
  • By visiting this page on our website: www.BABIObybrooke.com
  • By phone number: 0408251241