Use and Copyright
The information contained within the Sites (including programming scripts, graphics and logos) are copyright of SBA, IN2SM and its related bodies corporate. You may make any copies of any information reasonably incidental to your viewing of the Sites and may retain a single permanent copy for your personal reference. The information may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered, transmitted in any form or by any means in whole or in part (except where by law such use cannot be prohibited) without prior written approval of IN2SM or its related bodies corporate.
The trademarks appearing on the Sites are primarily trademarks of Strong Body App, or other subsidiary groups associated to IN2SM. Other trademarks displayed on the Sites are trademarks of their respective owners. Nothing contained on the Sites should be construed as granting any licence or right of use of any trademark displayed on the Sites without the express written permission of SBA, or the relevant affiliate, or third party owner.
Third Party Content
We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of any of our products or services including acts, omissions and conduct of any third party users of the Website and App, other members, other contributors to the Website and App, and advertisers or sponsors. We are not responsible for the products, services, advice, information, actions or failure to act of any third parties referenced on the Website and App (including User Content of other users of the Website and App referred to below). Where the information made available over the Website and App contains opinions or judgements of third parties (including advertisers), we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through this service. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
Privacy and Personal Information Collection
Online Purchases, payment and cancellation of subscription
The subscription fees and charges will be billed monthly to your nominated Payment Method from the commencement day of your first paid subscription. Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Subscription fees will apply regardless of whether or not you use your subscription and rollover subscriptions will continue month to month until terminated. If the subscription is not cancelled before the monthly renewal date, the following month’s fees and charges will be charged to your nominated Payment Method. You will continue to have access to the Product through till the end of your monthly billing period. All fees are non-refundable except as expressly set out in these terms and conditions. You will be able to terminate your subscription fee instalments prior to the end of the subscribed term by following the cancellation process set out in these terms and conditions. You will not be entitled or granted a refund on any fees paid. Cancellation of a subscription can be done in your account profile in the SBA App. Click the “Manage your subscription” button from your profile. This will take you to the “my account” section of the Strong Body App shop. You can also log in to the shop online at shop.strongbodyapp.com to access your account profile. If you purchased a subscription via an in-app purchase cancellation needs to done via the corresponding app store. If you need further assistance please email email@example.com. IN2SM reserves the right to vary the fees charged for our subscription based Products from time to time by providing you with one month’s notice of any such change. If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect. You must notify INSM of any change to your Payment Method. If you do not notify us of any such change, then IN2SM will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method. You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by IN2SM in collecting any unpaid subscription fees or charges from the Customer. Our goods and services (including, but not limited to, the information services provided through this Website and App) come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement (or resupply in the case of services) or refund in limited circumstances based on shop and item specific terms and conditions. You are also entitled to have the goods repaired or replaced, or the services resupplied, if the goods or services fail to be of acceptable quality and the failure does not amount to a major failure.
Conditions of Use of SBA Products
As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time. No information contained in the Website and App is intended to be used as medical advice and the Website and App is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website and App, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
Information Provided on Website and App
All information provided by us on the Website and App is provided in good faith. We derive our information from sources which we believe to be accurate and up to date as at the date of publication. We may update any information at any time but you acknowledge that the information on the Website and App may not be the most current knowledge. In addition, to the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete and we make no guarantees of any specific result from use of this Website and App or the information service provided through it. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website and App. The SBA Team may provide a general information guide in health, fitness or nutritional information for educational purposes. They do not offer or provide professional medical advice, diagnosis, treatment or rehabilitation and may offer a referral to certain third party resources. Any referrals to official bodies are not intended to be and should not be construed as an endorsement, promotion or recommendation by SBA.
Nutritional information provided on the Website and App only in the opinion of SBA and is also taken from sources provided by third parties. Before relying on any nutritional information on the Website and App, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances. SBA should not be held liable for the interpretation or use of the information provided. SBA or any other provider of nutritional information on the Website and App gives any warranty that the information is free from error or suitable for your purposes.
Recommendations and results on the Website and App
Certain parts of the Website and App may provide recommendations and results based on the input and data that SBA or SBA members provide. These recommendations and results generated by the Website and App are generic automated responses that are pre-programmed, and they do not take into account any other factors that may be relevant to you. They are provided for your general information purposes only, and are not medical or professional opinion or advice. You must not rely on these recommendations and results, and you should seek professional advice from healthcare professionals. To the extent permitted by law, we are not liable or responsible for any recommendations and test results generated by use of the Website and App.
The SBA programs are designed for persons of various fitness levels. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our Website and App. The information on the Website and App may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website and App:
- pregnant women;
- women who are breastfeeding;
- persons with any ongoing physical condition proscribing exercise or physical activity:
- persons suffering from cancer or other long term illness;
- persons with liver disease, kidney disease, or renal failure;
- persons with eating disorders;
- persons with 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.
Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website and App is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime. To the extent we supply any “recreational services” or “recreational activities” (within the meaning of the Competition and Consumer Act (2010) (Cth) or any State or Territory civil liability or consumer protection legislation or corresponding services or activities under any other applicable local law from your jurisdiction), you acknowledge that your participation in the recreational services and activities may involve risks, including personal injury and death. Prior to participating in the recreational services and activities, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, those of other users of the Website and App and risks that are not known to you or are not readily foreseeable at the time of participating in the recreational services and activities. By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in any recreational services and activities that we may provide. To the maximum extent permitted by law, we exclude all liability arising from or in connection with any recreational services or activities for: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs: (a) that is or may be harmful or disadvantageous to you or the community; or (b) that may result in harm or disadvantage to you or the community, resulting from the supply of recreational services or recreational activities, but we do not exclude our liability to significant personal injury which is caused by our reckless conduct in the supply of recreational services or activities.
Quality of the Website and App
We do not promise that the Website and App will be error-free or uninterrupted. The Website and App and its content are delivered on an “as-is” and “as-available” basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. Receipt of emails, or other Internet based communications such as via Facebook or Twitter from us cannot be guaranteed. The delivery of video messages is dependent upon third party providers and therefore outside of our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the Website and App.
Limitation of Liability
To the extent permitted by law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Sites and its content, whether based in contract, tort, negligence, statute or any other legal theory, and whether or not we know of the possibility of such damage. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with the foregoing, but allows a limitation of a certain maximum extent then our liability is limited to that extent.
Indirect and Consequential Loss
To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Website and App, any linked Website and App, your reliance on any information obtained through the Website and App or your use of any services on the Website and App, regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.
Terms Implied by Law
To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
- if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
- if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.
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 or any third party, which arises as a result of your breach of these terms in your use of the Website and App.
Unless otherwise indicated and except for any functionalities provided by external Website and Apps, copyright in this Website and App (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 and App are the property of their respective owners. Nothing on the Website and App 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 App 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 and App 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 and App or your account with other persons;
- publishing or posting any of the content (such as recipes or exercise programs) on any other Website and App, including on social media pages or Website and Apps;
- using the logo or trade marks of this Website and App, the phrase “SBA” (or anything substantially identical or deceptively similar), 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 Website and Apps that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by us and
- systematic downloading or “scraping” of content of the Website and App. We may, from time to time, monitor your use of the Website and App to determine if you are in breach of these terms. Such monitoring may include: a. the frequency and nature of any downloads; and b. the time of access and IP addresses used to access the Website and App. We may suspend, limit or terminate your access to the Website and App (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these terms. Please note: If you materially misrepresent that online material, product, or activity is infringing your copyright, you may be liable for damages (including court costs and attorneys’ fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
This Website and App may allow you to post information, photos, content, user submissions and/or upload materials to the Website and App (including features such as live chat and forums), whether through external Website and Apps or otherwise (User Content) and may also allow you to see User Content submitted by other persons. The Website and App may include functionalities that allow you to control whether or not the public or other users of the Website and App are able to view your User Content (Access Controls). We will use our best endeavours to ensure that the Website and App properly implements the Access Controls that you select, but we do not warrant or guarantee that the implementation is error free. If you discover any improper implementation of your selected Access Controls, please inform us immediately so that we can investigate and, where appropriate, correct the error. To the extent permitted by law, we are not liable to you for any loss or damage arising as a result of or in connection with any incorrect implementation of the Access Controls that you select (including any resulting disclosure of your User Content that you did not intend to disclose). Because we are not able to guarantee that the implementation of the Access Controls is error free, you should take particular care before deciding whether to upload any User Content. In particular, you should be aware that, if your User Content is downloaded by any other person (including other users of the Website and App) (whether authorised or not), then neither SBA nor you may be able to control the further disclosure and publication of that User Content. By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website and App:
- you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website and App;
- you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine (subject to us using reasonable endeavours to implement the Access Controls that you have selected);
- you must ensure, and warrant, that your User Content, and the licence that you grant to us under paragraph (2), do not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website and App in breach of this paragraph (3); and
- to the full extent permitted by law (and subject to us using reasonable endeavours to implement the Access Controls that you have selected), you consent to us (and all persons authorised by us) doing anything in relation to your User Content which would otherwise constitute an infringement of your moral rights that you may have in the User Content. To the extent that a waiver, rather than a consent, is required in any jurisdiction, then you waive any moral rights you may have.
In addition you agree not to post, upload, publish, submit or transmit any information or materials that:
- infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
- is violent or threatening or promotes violence or actions that are threatening to any other person;
- or promotes illegal or harmful activities or substances.
We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all). Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content. You acknowledge that, subject to us using reasonable endeavours to implement the Access Controls that you have selected, your User Content will be displayed on the Website and App, and other users may use, view and download your User Content. We are not responsible for how other users will use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Website and App that is accessible to the public or other users of the Website and App. Some User Content may refer to events or activities that are organised by other users of the Website and App. We are not responsible for organising these events and activities, and do not authorise or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact us at firstname.lastname@example.org
We prohibit the use of this Website and App and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website and App, you acknowledge and agree that:
- you are legally responsible for all User Content you submit;
- under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
- we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website and App, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
- you will not: a. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so; b. bypass (or attempt to bypass) any security mechanisms imposed by the Website and App; c. harvest or collect email addresses, photographs or personal information of other users; d. impersonate any person or entity; e. post or transmit false or misleading material or make any form of misleading or deceptive representation; f. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material; g. exploit the Website and App for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests); h. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person; or i. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website and App;
- collect information about the Website and App or users of the Website and App without our written consent;
- modify, frame, rendering (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Website and App, without our written consent;
- use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Website and App or any portion thereof;
- disguise the origin of information transmitted to, from, or through the Website and App.
- impersonate another person or user (including logging onto the Website and App and/or utilizing our services via an account other than your own);
- distribute viruses or other harmful computer code;
- use the Website and App for any purpose in violation of local, state, national, international laws;
- use the Website and App in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; or
- at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
Linked websites and apps
The Website and App (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 and App 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.
Severance & termination
SBA 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. SURVIVAL The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.
Agreement to Pre-Arbitration Notification
Agreement to Arbitrate Claims
Any controversy, claim or dispute arising out of or relating in any way to your use of the Website and App, your account, or purchases through the Website and App shall be resolved by final and binding arbitration. The arbitration shall take place in New South Wales, Australia in accordance with the Commercial Arbitration Rules
Class Action Waiver
Both you and SBA waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else. Notwithstanding any provision in the Commercial Arbitration Rules and the legal Consumer-Related Disputes Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
Opting Out Of Arbitration And Class Action Waiver