Effective Date: 13 December, 2021
By accessing or using the Strength System Coach App (the App) you acknowledge you have read, have understood and confirm your agreement to be bound by these terms and conditions (Terms). If you do not agree to these Terms, you may not access or use the App. Please read these Terms carefully. The Terms form a legally binding agreement between you, the individual, and Base Body Company Pty Ltd ACN 169 445 845 of 49 Sydenham Road, Marrickville NSW 2204 and references to “we”, “us”, “our” are references to Base Body Company Pty Ltd ACN 169 445 845 (Base Body Company). This agreement commences upon your access or use of the App and continues until this agreement is terminated under these Terms.
1) Interpretation and Definitions
Capitalised words have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- App Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store), Google Inc. (Google Play Store) and Huawei Australia (Huawei) in which the App has been downloaded.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by you, regardless of the form of that content.
- In-App Purchase refers to the purchase of a product, item, service or Subscription made through the App and subject to these Terms and/or the App Store’s own terms and conditions.
- Website means each of https://programdesign.strengthsystem.com/ and https://strengthsystem.com/
2) Terms of Use
Your access and use of the App and Website is governed by these Terms. We may, at our sole discretion, change, add or delete portions of these Terms at any time by notification to you. Any amendment shall be effective immediately upon notification to you via the App, the Website or electronic communication with you. Continued use of the App by you will constitute your acknowledgement to be bound by the Terms, as amended.
3) Changes to App or Service
We reserve, at our sole discretion, the right to make any changes from time to time to this App or any service provided in conjunction with this App (Service) as considered necessary or desirable by us.
4) User accounts
You are required to create an account and become registered as a user (Registered User) to use the App. To become a Registered User, you must provide us with certain information as specified in the App (including, without limitation, your name, your email address, and your mobile number).
You agree that information you provide will be true and accurate. You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You may change your password at any time by following instructions on the App. You agree to immediately notify us upon becoming aware of any unauthorised use of your account or any other breach of security.
5) Subscription
The App and the associated Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (being monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it, or the Company cancels it. You may cancel your Subscription renewal through your account management page or by contacting Base Body Company. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the Service until the end of your current Subscription period. If the Subscription has been made through an In-App Purchase, you can cancel the renewal of your Subscription with the Application Store.
You must provide the Company with accurate and complete billing information including full name, address, state, postcode or zip code (as the case may be), telephone number, and a valid payment method. Should automatic billing fail to occur for any reason, Base Body Company may an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice. If the Subscription has been made through an In-app Purchase, all billing is handled by the App Store and is governed by the App Store’s own terms and conditions.
Except when required by law, paid Subscription fees are non-refundable. If the Subscription has been made through an In-App Purchase, the App Store’s refund policy will apply. If you wish to request a refund, you may do so by contacting the App Store directly.
6. Access rights
Subject to these Terms, we hereby grant you a limited, non-exclusive right to access the App for your use on any compatible electronic device that you own or control. It is a condition of becoming a Registered User, and your access and use of the App that:
- You are capable of forming a legally binding contract;
- The App is to be used by you or, under your supervision, by your dependents and / or children under 18 years of age (without the right to assign or subcontract to third parties);
- You ensure your access to, and use of, the App (and any access to, or use of, the App by your dependents and / or children as permitted by these Terms) is for lawful purposes only and is not illegal or prohibited by law; and
- You agree that you will not, will, not attempt to, and will not cause, permit or assist any other person to:
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
- Reverse engineer, disassemble or decompile the whole or any part of the App or otherwise insert or modify any form of code of the App; or
- Otherwise use the App in a manner that exceeds the scope of use granted above.
7. No medical advice
Always consult a physician before starting a workout program, changing your workout routine, or changing your diet. Not all workout routines, exercises and/or activities are suitable for everyone. If you feel discomfort or pain, you must discontinue any exercise and consult a medical expert.
The instructions and advice presented through our App and associated Services are in no way intended as a substitute for medical advice. We do not warrant or represent the accuracy, completeness, currency or suitability of any information available made through this App or the Service. No information made available through this App or the Service should be interpreted as medical advice or opinion and does not substitute or replace, nor is intended to substitute or replace, independent medical advice or opinion by a qualified and licensed medical professional. You are responsible for the use of any information available through this App or the Service.
We do not guarantee any specific results from the use of our Services or program created for you by a trainer in connection with our Service and you acknowledge you are solely responsible for your fitness journey. The Service offers health, fitness and nutritional information including advice and recommendations, that is provided solely as general education and informational purposes. Use of the advice and information contained herein is at your sole choice and risk. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. Always consult your physician or healthcare provider before beginning any nutrition or exercise program. If you choose to use this information without prior consent of your physician, you are agreeing to accept full responsibility for your decisions.
8. User Content
You shall be solely responsible for any content that you submit in the App. You grant us access to use, reproduce, distribute such user content as permitted through the functionality of the App.
9. Message boards and trainer portals
You may not post or transmit any communications or materials that are offensive, degrading defamatory, indecent, obscene, or pornographic, offensive, harmful, threatening, harassing, abusive, hateful, fraudulent, contain viruses, contain links to marketing schemes, are sexually explicit, deceptive, or misleading, constitute stalking, disclose private or personal information about another person or we otherwise deem unacceptable for any reason.
Content submitted to our Website or App is not considered confidential. These posts may be used by us for any purpose without requiring permission from the creator. Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or other device or loss of data that results from the downloading of any such material.
Some of the Services are supported by advertising revenue and may display advertisements and promotions.
10. Third Party Services
This App may contain links or enable access to services or websites of third party providers (Third Party Services). These Third Party Services are provided for your convenience only. Third Party Services are not under our control and we are not responsible for Third Party Services (including, without limitation, the suitability for your intended use of the Third Party Services). We do not endorse or recommend any Third Party Services or any associated provider organisation or their product or services. You should make your enquiries as to the suitability of any Third Party Service.
11. App and Service – no representations
We do not warrant or represent that the App or any information available through the App or the Service will be uninterrupted or error-free or defect-free or that errors or defects in this App or any such information will be corrected. You acknowledge that despite all reasonable precautions on our part, there is a risk of unauthorised access to, or alteration of, transmissions of data or information to, or from, your electronic device or available through the App or the Service.
12. Intellectual Property
The App, the Service and its original content (excluding Content provided by you or other users), features and functionality will remain the exclusive property of Base Body Company and its licensors.
You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise try to extract the source code of the software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically authorised by us in writing. You acknowledge that to the extent that any improvements or modifications are made to the App:
- All intellectual property rights in the App so modified shall vest in or remain with us;
- To the extent you have any rights or interest in the App so modified, you assign to us all intellectual property rights arising out of any modifications to the App; and
- You agree to execute all such documents, and perform such other acts, as are necessary or desirable to give effect to this clause.
By using the App, you give us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through the Services. This license is for the sole purpose of enabling Base Body to display, distribute and promote the Services.
13. Limitations of liability
To the maximum extent permitted under applicable law, we will not be liable for any loss, damage, cost, expense or liability of any kind including, without limitation, any direct loss or any indirect, consequential, incidental special exemplary or punitive loss or damage (Loss), howsoever caused (including, damages for negligence, lost data or data breaches) suffered or incurred by You arising from or in connection with:
- Your access to, and use of, the App or any information available through the App or the Service;
- Any decision or action taken by you in reliance on information available through the App or the Service;
- Any unauthorised access to, or alteration of, transmissions of data or information to or from your electronic device or available through the App or the Service; or
- Any interruption, error or defect in the App or information available through the App or the Service.
14. Statutory warranties
To the fullest extent permitted by law, our liability under any guarantee, condition or warranty (including, without limitation, any guarantee, condition or warranty of merchantability, acceptable quality, fitness for purpose or fitness for disclosed result), or any other right or remedy, under any legislation or implied into these Terms by any legislation (Statutory Warranties) is hereby excluded. In the event of any failure of the App to conform to any applicable Statutory Warranty, you may notify the applicable App Store and that App Store will refund any purchase price for the App to you (if applicable).
You acknowledge and agree that reliance by us on this limitation of liability is fair and reasonable in all the circumstances.
15. Indemnity
You agree to indemnify, and keep indemnified, us, our officers, employees and agents (those indemnified) to the fullest extent permitted by law from and against any and all loss, damage, cost, expense or liability of any kind suffered or incurred by those indemnified arising from, in connection with:
- Any breach by you of these Terms (including, without limitation any misuse of your account or account password, or the misuse of the content or services of the App);
- Any wilful misconduct by you; or
- Any negligent act or omission by you.
16. Termination
We may suspend or terminate your access to and use of the App, your account and/or registration as a Registered User at any time, without need to provide reasons. These Terms will terminate if your access to and use of the App is terminated by us. To the maximum extent permitted by law, we reserve the right to maintain, delete or destroy any and all data relating to your account pursuant to our internal record retention and/or content destruction policies (as updated from time to time) upon the deactivation of your account and you ceasing to be a Registered User. Termination of these Terms will not end those provisions that are capable of surviving the ending of these Terms.
17. Governing Law
The laws of New South Wales (Australia) shall govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
18. Dispute Resolution
If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting Base Body Company. We will endeavour to respond to your concern within 14 days. If we cannot resolve the concern within 28 days, the dispute must go to mediation.
19. Privacy policy
This privacy policy (Privacy Policy) will help you understand how we use and protect the data you provide to us when you visit and use App, the Website and any associated Services. This Privacy Policy is governed by the Australian Privacy Principles under the Privacy Act 1988 (Cth) (Privacy Act). Our Privacy Policy does not create any rights or obligations for either you or us in addition to the those imposed by the Privacy Act.
What data we collect
We may collect the following data:
- Your IP address.
- Your contact information and email address.
- Other information such as weight, height, fitness goals and other preferences.
- Data profile regarding your online behaviour on our App and Website.
Why we collect your data
We are collecting your data for several reasons:
To better understand your needs.
- To improve our services and products.
- To send you promotional emails containing the information we think you will find interesting.
- To contact you to fill out surveys and participate in other types of market research.
- To customise our App and Website according to your online behaviour, fitness and personal preferences.
Cookies
We may, from time to time, use ‘cookies’ which are small data files placed on your machine or device to store information. We use cookies in many ways including:
- Authentication cookies that monitor whether you are logged in or not;
- Session cookies that allow you to remain logged in and keep track of your activities until the browser shuts down;
- Persistent cookies that help us monitor our services by recording your browser activities and they do not expire upon browser shut down; and
- Flash cookies to personalise your experience using Adobe Flash ©.
Cookies are used for a number of reasons including, but not limited to, the following:
- Improve the performance by reporting any errors that occur;
- Provide statistics about how the Website is used;
- Remember settings that you used on our Website;
- Identify that you are logged into the Website;
- Link to social networks like Facebook and Twitter; and
- Provide ads that are tailored to you.
Payments
For credit card transactions we use a third party processor (e.g. Stripe) and/or payment gateway (e.g. eWay) that we may change from time to time so that:
- Payments are processed in real time; and
- We do not have access to your credit card numbers.
We use database management system to store most of the personal information and it contains security features, such as encryption, firewall and anti-virus, to ensure the protection and integrity of our data.
Disclosure of Personal Information
We only disclose your personal information for purposes that are reasonably related to our business. We will not disclose your personal information to third parties for payment, profit or advantage. We may disclose your personal information to third parties, from time to time, to assist us in conducting our business, including:
- Technology service providers including internet service providers or cloud service providers;
- Data processors that analyse our website traffic or usage for us;
- Agents that perform functions on our behalf, such as mailouts, debt collection, marketing or advertising;
- Our related bodies corporate; and
- To persons, entities or courts as required under the law.
We may disclose your personal information to third parties:
- To provide the service you wish to use;
- To improve our business, services, products and website;
- To customise and promote our services which may be of interest to you;
- To comply with or as permitted under the law; or
- With your consent.
Accessing and Correcting Your Personal Information
You may request access to your personal information that we hold, and we will:
- Verify your identity;
- Charge you to cover the cost of meeting your request, if any, but not for the request itself; and
- Within a reasonable period of time, comply with your request.
We may refuse to allow you to access your personal information if we are not required to do so under the Australian Privacy Principles. You may request to correct your personal information that we hold and we will update your personal information so that it is up-to-date, accurate, complete, relevant and not misleading.
Complaints
If you believe we breached the Australian Privacy Principles under the Privacy Act, please contact:
James Yammine by email at james@strengthsystem.com
We ask that any complaint be made in writing to us in the initial instance. We will then respond to your complaint in writing and in accordance with any timeframes required by law. We may request that you provide further information about your complaint to allow us to duly assess your complaint. If for any reason you do not wish to complain to us initially or if we are unable to resolve your complaint to your satisfaction, a complaint may also be made to the Office of the Australian Information Commissioner (http://www.oaic.gov.au).
