Hyper Fitness

TERMS & CONDITIONS

1. Definitions

For the purposes of these terms and conditions the following definitions apply:

1. Hyper Online means the Hyper Fitness online program offered to you via the Website;

2. Licence means the licence granted by us to you governing your use of the Website and Hyper Online in accordance with these Terms and Conditions;

3. Our, ourselves, us, we, refer to Ballet Body Pty Ltd (“Hyper Fitness”) and affiliates who for the purposes of these terms and conditions refer to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves;

4. Party refers to a party to these Terms and Conditions and it includes that party's successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally;

5. Terms and Conditions means these terms and conditions as amended from time to time;

6. Website means collectively the website (https://hyper-fitness.com.au/), Hyper Online and/or other services offered or provided by Hyper Fitness;

7. You or yours refers to you, the person accessing the Website and using Hyper Online and agreeing to the Terms and Conditions of your use of the Website and its contents, including Hyper Online.

Note in these Terms and Conditions, the single includes the plural and the plural includes the singular, and one gender includes each other gender.

2. Licence

8. By virtue of these Terms and Conditions, you are granted a non-exclusive, non-transferable, non-sublicensible Licence to personally access and use, for non-commercial purposes, the Website and the services offered on the Website (“Services”).

9. This Licence shall continue until terminated in accordance with this Agreement.

3. Website

10. These Terms and Conditions govern your right to use the Website and your access to and use of Hyper Online and/or any products or services acquired in relation to Hyper Online and/or any links provided on the Website to other websites.

11. In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website and Hyper Online.

12. You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.

13. You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time.

14. You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for New South Wales, Australia.

15. You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.

16. You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.

17. The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to us, subject to copyright and other intellectual property rights under law.

4. Your Agreement

18. In accessing, registering or using the Website, including any and all webpages, Hyper Online and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.

19. We may offer promotional offers and special discounts from time to time which will be subject to separate terms and conditions to be read in conjunction with these Terms and Conditions.

5. Eligibility

20. You represent and warrant that you are at least 18 years old and will be responsible for the information provided when paying the Fee. If you are accessing and using the Website or paying the Fee for access to Hyper Online or any of the Website's services or products on behalf of a party who is not at least 18 years of age then you are representing that you are that party's legal guardian and you are responsible for that party's compliance with these Terms and Conditions. You will indemnify us for any losses or damage (including claims of tort or negligence) that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions

21. Without limitation, the Website is available only to individuals with whom only legally binding contracts can be formed under Australian law.

22. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your access to Hyper Online, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, and our other users into disrepute or otherwise will interfere with other parties' rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.

6. Website Membership

23. You agree to provide accurate and truthful details about yourself for the purposes of your access to Hyper Online and we reserve the right to suspend or terminate your access if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.

24. Once you register on the Website and pay the Subscription Fee, you will be given access to Hyper Online.

25. Any password or right given to you to obtain access to Hyper Online is not transferrable to any third party.

26. We reserve the right, at our sole discretion, to terminate your access to Hyper Online if, in our opinion, you have failed to comply with any of the provisions of these Terms and Conditions.

7. Third parties

27. We may use third parties to assist us to provide our services to you including payment processing and client registrations. These third parties may have access to certain personal information required to perform their function. They cannot use your information for any other purpose.

28. The Website may also contain links to websites operated by third parties. Such links are provided for convenience only and Hyper Fitness has no liability in connection with your use of any such third party website or any content posted or published on the third party website. We strongly advise you to read any terms and conditions and/or privacy policy of any third-party site that you visit.

8. Subscription

29. If you register to access Hyper Online, you acknowledge and agree that:

1. you must pay us the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (“Subscription Fee”);

2. you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (“Due Date”);

3. your Subscription will automatically renew on the Due Date unless cancelled;

4. the Subscription Fee is subject to review by us and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means;

5. your access to Hyper Online is conditional on you paying the Subscription Fee (“Subscription”).

Processing and Payment

6. Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.

7. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.

8. If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.

9. You may cancel your Subscription at any time by pressing the cancel button on your profile.

10. Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates.

11. Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of Hyper Online at the end of your paid subscription period.

12. You acknowledge and agree that the Company may terminate your access to Hyper Online in accordance with these Terms and Conditions at any time and you accept that where any such termination occurs, there is no refund available for the Subscription Fee.

Free Trials

13. Your Subscription will start with a free trial for a fixed period of seven (7) days.

14. Free trials are only available to new users and are at our sole discretion, and if you attempt to sign up for an additional free trial, you will be immediately charged with the standard Subscription Fee.

15. We reserve the right to revoke your free trial at any time.

16. Unless you cancel before the end of the trial period, your free trial will expire and you will be charged the Subscription Fee.

17. Any unused portion of your free trial period will be forfeited upon purchase of a subscription.

9. Termination

30. We can terminate your Licence and access to Hyper Online in our sole discretion if we believe you have breached any of the Terms and Conditions of the Licence and/or you have or are facilitating the unlawful activity of a third party in respect of the Website and further, we are at liberty to take any other action necessary to enforce these Terms and Conditions.

10. Payments

31. In purchasing any product or service from the Website ("the Purchase") you agree to:

18. pay using a valid credit card (or other form of payment as we may allow);

19. provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase, or put on hold or terminate your access to the Website, Hyper Online or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the Purchase;

20. pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase ("the costs"); and

21. all costs are in Australian Dollars unless otherwise indicated.

11. Risk and Limitation of Liability

32. Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later.

33. Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery.

34. Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact us on the Website within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.

12. Warranty/Refund

35. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of Hyper Online and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of Hyper Online and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using Hyper Online, nor in respect of any use of the products or services offered by the Website.

36. You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk.

37. At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim. For the avoidance of doubt, any refund will only be provided in accordance with Australian Consumer Law.

13. Medical Disclaimer

38. We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs.

39. You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in Hyper Online and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, Hyper Online and/or its products or services.

40. You agree that neither we, nor any of our service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, Hyper Online or its products and services, is at your sole risk.

14. Limitation of Liability

41. Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any claims (including in tort or negligence), injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

15. Our rights to modify services

42. You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the Website, Hyper Online and/or the Terms and Conditions, as we see fit.

43. We will publish any changes on the Website and you will be deemed to have accepted such changes based on your continued use of the Website following our publication of the change on the Website.

44. You agree that we may transfer, assign, license or deal with our interest in the Website, Hyper Online, copyright or any other published material to any third party who shall in any event be bound to meet the obligation of any agreement you have with us for services we provide to you for payment.

16. Jurisdiction

45. These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.

17. Indemnity

46. You agree to indemnify us to the full extent needed from any and all third party claims (including in tort or negligence), liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us.

47. You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to the Website or that by your actions of conduct.

48. You agree to indemnify us for any claims (including in tort and negligence), losses, liabilities, costs or expenses ("losses") incurred by us you may cause, or contribute to such losses.

18. General

49. Entire agreement: These Terms and Conditions form the entire agreement between us and you in relation to the Website and your use of it.

50. Waiver: Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.