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Terms and conditions of use


PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS, INCLUDING OUR PRIVACY POLICY, BEFORE USING THE WEBSITE, ANY ASSOCIATED BLOGS, CUSTOM BODY`s BRANDED SOCIAL MEDIA WEBSITES (IN ADDITION TO ANY TERMS AND CONDITIONS OF SUCH SOCIAL MEDIA WEBSITES), MOBILE APPS OR ANY OF OUR ONLINE SERVICES (collectively, the “Services”). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DISAGREE WITH ANY OF THE FOLLOWING TERMS OR CONDITIONS, PLEASE DO NOT USE OUR SERVICES.

 

  1. APPLICATION OF TERMS

These terms apply to any person or entity (‘you/your’) accessing ​ (‘our/the website’).

This website is owned and operated by CUSTOM BODY Fitness&Nutrition PTY LTD​ ABN 648 335 380. ​(“Custom Body”, ‘we/our/us’).

By accessing and using our website you agree to be bound by these terms.

We may amend these terms and conditions from time to time.

These terms are governed by the laws of Australia.

 

  1. COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register to use our website. When you register you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at https://custombody.com.au/privacy_policy and the applicable law.

When you register your account, we will provide you with a username and password. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and as required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as information technology suppliers, communication suppliers, finance providers and our business partners.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

 

  1. PRODUCTS AND SERVICES

We offer for sale all products and services listed on our website.

We reserve the right to amend the range and prices of our products and services at any time.

All products and services are subject to availability. We will inform you as soon as possible if the products you have ordered are not available.

 

  1. PAYMENT METHODS

We accept payment via the following payment methods:

  • Paypal;
  • selected credit cards such as Mastercard, Visa and American Express; and
  • Afterpay.

All pricing is in AUD. Prices are subject to change without prior notification and may differ from other sites, stockists or providers.

 

  1. DELIVERY

ONLINE DELIVERY

Delivery will occur immediately following receipt of payment for online products and services.

We will not be responsible for delivery delays caused by any network or other failure beyond our control including if your software is incompatible or your network protection system blocks delivery.

 

  1. REFUNDS AND RETURNS

Given the nature of downloadable products, we do not offer returns or refunds unless required under Australian consumer law. If your downloaded product is faulty or significantly different to that described on our website, please contact our customer service team. We do not accept returns or provide refunds for change of mind.

Our services come with guarantees that cannot be excluded under the Australian consumer law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

 

  1. INTELLECTUAL PROPERTY

Our website and its content including our products and services, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

 

  1. ACCURACY

Information on the Sites may contain typographical errors, inaccuracies, or omissions in relation to services, pricing, locations, descriptions, information, and other matters. Custom Body reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice. If Custom Body discovers price errors, they will be corrected on Custom Body’s systems, and the corrected price will apply to your order.

 

  1. DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that you access and use our website at your own risk.

We make no representation or warranty that the website is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the website is not illegal or prohibited, and for your own compliance with applicable local laws.

The content of this website is provided for general information purposes only. The website content has been compiled from a variety of sources including material generally available on the public record, reputable specialist sources and original contributions.

The website and our services are educational and informational resources only and are not a substitute for any kind of professional or specialist advice. We cannot guarantee the outcome of following any recommendations provided and any statements made regarding the potential outcomes are expressions of opinion only.

It is imperative that all products are used only in the manner for which they are intended, and that care and common sense are exercised when using the products. To the extent permitted by law, Custom Body does not accept any liability for, and is not responsible for, any damage, loss or injury caused by the use or misuse of our products.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on third party linked websites and have no control over or rights in third party linked websites.

 

  1. CHANGES TO TERMS OF USE

Custom Body may revise these Terms of Use at any time without notice. Any use of the Sites following the date on which changes to these Terms of Use or the Privacy Policy are published on the Sites shall constitute your acceptance of all such changes. You expressly agree that Custom Body shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

 

  1. YOUR ACCOUNT

If you are a registered user of any of the Sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Custom Body reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, or remove or edit content.

 

  1. ACCEPTABLE USE POLICY

You must not use our website in any way that we deem to be inappropriate or unlawful, including but not limited to:

  • any breach of privacy or any infringement upon the legal rights of any other person;
  • defamation;
  • uploading any virus, malware or other malicious software;
  • posting, commenting or otherwise transmitting any unauthorised material including, but not limited to any material that is or is likely to be defamatory, racist, obscene, threatening, pornographic or otherwise deemed by us to be unacceptable.

 

  1. SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

 

  1. GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity.
If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

 

  1. QUESTIONS

If you have any questions or comments regarding Custom Body`s Terms and Conditions of use, please email info@custombody.com.au