Conditions of Use

Disclaimer

The information provided on this website has been compiled for your convenience. Baradine Bodies’ Fitness For Females makes no warranties about the accuracy or completeness of any information contained on this website. Baradine Bodies’ Fitness For Females, including its affiliates, officers, employees, agents and contractors will not accept any liability for any loss, damage or other injury resulting from its use. Links to other websites are provided for your convenience and Baradine Bodies’ Fitness For Females is not responsible for the information contained on those websites. The provision of a link to another website does not constitute an endorsement or approval of that website, or any products or services offered on that website, by Baradine Bodies’ Fitness For Females. Baradine Bodies’ Fitness For Females will not accept any liability for the use of those links to connect to websites that are not under our control. Baradine Bodies’ Fitness For Females, its directors, affiliates, officers, employees, agents, contractors, successors and assigns do not accept any liability: for any damages or losses whatsoever, arising out of, or in any way related to, the use of this site and any other site linked to this site.
The limitation on liability contained in paragraph 4 applies to direct, indirect, consequential, special, punitive or other damages that you or others may suffer, as well as damages for loss of profit, business interruption or the loss of data or information.

Baradine Bodies’ Fitness For Females holds the copyright to this website, Baradine Bodies’ Fitness For Females does not permit you to reproduce or alter this website, or any copy of it, in part or in whole for any other purpose without the prior express written consent of Baradine Bodies’ Fitness For Females. All text and images on this website are protected under copyright law and cannot be reproduced in whole or in part without the express written consent of Baradine Bodies’ Fitness For Females. Baradine Bodies’ Fitness For Females regards your privacy as important and will take all reasonable steps to ensure that if you have subscribed to receive notification of website updates; your email address will remain confidential. Baradine Bodies’ Fitness For Females reserves the right to make changes, modifications, additions, deletions and corrections to the website, at any time and without notice.

CONSULT A HEALTHCARE PROFESSIONAL BEFORE COMMENCING ANY DIET, EXERCISE OR SUPPLEMENTATION PROGRAM. DO NOT OVEREXERT YOURSELF AND WORK AT YOUR OWN RATE. STOP IMMEDIATELY IF YOU FEEL ANY PAIN. THE PRODUCERS, PROGRAM DESIGNERS AND SPONSORS OF ANY DIET AND EXERCISE PROGRAMS CONTAINED IN THIS WEBSITE DISCLAIM ANY LIABILITY, LOSS OR INJURY IN CONNECTION WITH THESE DIET AND EXERCISE PROGRAMS AND ADVICE WITHIN. ALWAYS READ INSTRUCTIONS COMPLETELY BEFORE STARTING A NEW SUPPLEMENT AND SEEK ADVICE FROM A DOCTOR IF YOU HAVE AN EXISTING MEDICAL CONDITION.

Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or this Website information, photos, video, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your weight loss, or other materials (including, but not limited to, posting, emailing, or otherwise transmitting Postings on any Forum) (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns (despite any moral rights you may have in relation to which you hereby consent, for the benefit of Baradine Bodies’ Fitness For Females, to any act or omission on the part of Baradine Bodies’ Fitness For Females, whether occurring before or after your use of this Website) a royalty-free, perpetual, irrevocable, non-exclusive right and licence (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of and display any Submissions (in whole or in part and with or without the use of your name or any other form of recognition of the source or authorship of any such Submission) worldwide and/or to incorporate the Submissions or any of them in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trade marks and other intellectual, personal and proprietary rights (collectively, the "Rights") that may exist in such Submissions.
Submissions will be collected and may be used to improve the Content of this Website, to customise the Content and/or layout of our page for each individual consumer, to notify consumers about updates to this Website, and may be used by us to contact consumers for marketing purposes. By submitting any such material, you give up any claim that any use of a Submission, or any part or derivative element of a Submission, violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way Baradine Bodies’ Fitness For Females uses such material. Baradine Bodies’ Fitness For Females is free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to us or this Website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you agree and understand that Baradine Bodies’ Fitness For Females is not obligated to use any such ideas or materials and you have no rights to compel such use.
You also hereby irrevocably and unconditionally consent, to the fullest extent permitted by law (either present or future), to us or any person authorised by us, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Submissions or any adaptation of the Submissions (or any part of the Submissions or of any such adaptation) anywhere in the world:

in whatever form and in whatever circumstances we think fit, including the making of any distortions, additions or alterations to the Submissions or any adaptation of the Submissions (or any part of the Submissions or of such adaptation);and
without making any identification of you or any other form of recognition of the source or authorship of any such Submissions, in relation to them or any of them.

You also warrant to us that:

you own or otherwise control all of the rights in or to your Submissions including, without limitation, all the rights necessary for you to send, email, post or otherwise transmit to us the Submissions;
any third party holder of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the Rights and give the consent stated above; and
each person depicted in any images, photos and/or videos contained in your Submissions (if any) has consented to the use of such images, photos and/or videos in accordance with the above licence; and
we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without being obliged or required to give or pay any compensation to the provider of the Submissions or any third party holder of any Rights.

Children

This Website is not for use by any person less than eighteen (18) years of age (each a “Child”) and is not directed to Children.
This Website is for use and access by individuals who are eighteen (18) years or older.

Links

These Terms & Conditions apply only to this Website, and not to the websites of any other person or entity. We may provide, or third parties may provide, links to other websites or resources. We encourage you to read the terms and conditions of use, and privacy policy guidelines, of such other website before conducting any material use of, or access with, that website. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you, in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website's administrator or webmaster.

Limitation of Liability

You expressly understand and agree that we and our Affiliates shall not be liable for any direct, indirect, incidental, special, consequential exemplary or punitive damages, or any other damages whatsoever, or for any damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) whatsoever arising out of, or resulting from:

the use or the inability to use this Website;
the use of any Content or other material on this Website or any website or websites linked to this Website;
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this Website; unauthorised access to or alteration of your transmissions or data; statements or conduct of any third party on this Website; any other matter relating to this Website;

You acknowledge that, by undertaking any Regime, you are doing so voluntarily and you are aware that there may be dangers in participating in a Regime. You are aware that your undertaking a Regime may result in serious personal injury, permanent disability or death and/or property loss and damage.
You are aware that the risks mentioned in the preceding paragraph may be caused by your own acts or omissions, the acts or omissions of others participating in a Regime or other risks not known to you or that are not readily foreseeable at the time of using this Website. You further acknowledge that this is a risk warning pursuant to relevant State legislation and the Trade Practices Act 1974, and you agree that you assume all risks in connection with your participation in a Regime. Baradine Bodies’ Fitness For Females (including its respective officers, employees and agents) and its Affiliates are not liable for the breach of any express or implied warranty that any services provided by Baradine Bodies’ Fitness For Females will be provided with reasonable care and skill.
You agree to use your own equipment (if any) to participate in any Regime and you are completely satisfied with the adequacy and condition of your equipment and you are satisfied that it is suitable for use in a Regime.
You agree to participate in any Regime in a manner that is not reckless or dangerous to yourself or other people.
To the maximum extent permitted by law, you hereby agree to release, discharge, waive and forever hold harmless Baradine Bodies’ Fitness For Females (including its officers, employees, and agents) and its Affiliates against all and any claim, right or cause of action however arising, whether or not presently ascertained, immediate, future or contingent which you may otherwise have for or arising out of loss of life or injury, damage or loss of any description whatsoever and howsoever caused which you may suffer or sustain in the course of or consequent upon your participation in a Regime, use of your own equipment, or any activity incidental to a Regime, whether direct, consequential or foreseeable and whether caused by accident or any negligent or willful act or omission, breach of contract, breach of statutory duty or otherwise in connection with a Regime.
Where your loss is not or cannot be excluded by these Terms & Conditions then:
in no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this Website;
and
our liability in relation to any loss or damage directly or indirectly related to any warranty or condition which is not excluded by these Terms & Conditions and conditions is limited to, at our election:

in the case of goods, any one or more of the following:

the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of replacing the goods or of acquiring equivalent goods;
or the payment of the cost of having the goods repaired;
or

in the case of services:

the supplying of the services again; or
the payment of the cost of having the services supplied again.

If you are dissatisfied with any portion of this Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.

Limitation of Liability for Fixed Price Products

In addition to the limitations of liability contained in clause 19, you expressly understand and agree that, in relation to the Fixed Price Products, we and our affiliates, to the extent permitted by law:

exclude all conditions and warranties implied into these Terms and Conditions;
and
limit our liability for breach of any such condition or warranty that we cannot exclude to the greater of:

resupplying the Fixed Price Products which are the subject of the breach; paying the cost of having the Fixed Price Products which are the subject of the breach resupplied; or repayment of all monies you have paid to us for the Fixed Price Products which are the subject of the breach.

In no event will we be liable for any indirect, incidental, special, consequential, or punitive damages, or for damages, whether in an action in contract or tort (including negligence), even if we have been advised of the possibility of such damages or if such damages are foreseeable.
You acknowledge that the limitations of liability of us in this clause, and in the other provisions of these terms and conditions and the allocation of risk herein are an essential element of the bargain between you and us, without which we would not have supplied the Fixed Price Products. Our pricing of the Fixed Price Products reflects this allocation of risk and the limitation of liability specified herein.