Welcome to the Build My Body website (the Website), which is owned and operated by Build My Body Pty Ltd trading as Build My Body (A.B.N.70 150 992 617 ) (we, us, our, or BMB).
Build My Body, Inc. (“Build My Body,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.buildmybody.com.au (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
ACCESS AND USE OF THE SERVICE
Services and Membership Description: The Service is designed to prov.ide active people with active nutrition products (“items”) suited to their personal requirements
Once you create an account, you will become a “Member.” When you select “Request Consultation” you will be debited a fee of $20 (subject to change), this fee provides you the service of a specialist who will customise an active nutrition program of items for you. This may be in an electronic format such as PDF or via a phone conversation, or both. You have ten (10) days to decide if you would like to purchase the all or some of the items from Build My Body. If you decide to make the purchase of the Items, the specialist will or will arrange to have your items put into a BMB Box and delivered to your address within Australia. You will be charged an all inclusive cost of the BMB Box and service to package and deliver the box and will be rebated the original $20 into your designated credit card.
With each BMB Box, you have five (5) days after it is delivered to review the selection of items. There are no order minimums or long-term ordering commitments. You may suspend your Membership at any time by contacting Build My Body customer support at firstname.lastname@example.org. Build My Body reserves the rights to terminate your membership, to refuse any and all current or future use of the Site or the Service, and not to do business with any Member or anyone else, each as Build My Body deems appropriate in its sole discretion for any reason.
Return Policy; Shipping: You may return any item from a particular BMB Box you receive through the Service (in accordance with the instructions below and those provided with such BMB Box) within five (5) days after it is delivered at no charge if it arrives damaged. All unwanted items you wish to return, must be done within (5) business days, and in their original condition, and will be subject to a shipping fee. Return shipping will be subject to a 3rd party courier fees.
Shipping is not available to all locations. All items you receive through the Service will be shipped by a third-party carrier.
Gift Certificates: The purchase of a Build My Body gift certificate cannot be redeemed for cash, except to the extent required by applicable law. Build My Body gift certificates cannot be resold and are otherwise non-transferrable.
Referral Rewards: We invite and encourage Members to earn certain rewards (e.g., credits toward future purchases from Build My Body) (“Referral Rewards”) when they invite friends to become Members and those friends make a qualifying purchase from Build My Body. Your earning and redeeming of Referral Rewards (the “Referral Rewards Program”) is governed by these Terms of Service.
Referral Rewards cannot be resold and are otherwise non-transferrable. If we terminate the Referral Rewards Program, all Referral Rewards will be cancelled 30 calendar days after termination of the Referral Rewards Program is announced. For more information about the termination of the Service or any portion thereof (including the Referral Rewards Program), please see the Termination section, below.
Build My Body reserves the right in its sole discretion at any time to change or modify the terms applicable to the Referral Rewards Program. Such changes may include without limitation, the specific type of reward, how you may earn and spend Referral Rewards, how long Referral Rewards last, minimum purchase amounts with which rewards may be used and the lifetime maximum amount of rewards that you may earn. If we do this, we will post the changes to these terms on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Referral Rewards Program or changes made for legal reasons will be effective immediately. Your continued use of the Referral Rewards Program after the date any such changes become effective constitutes your acceptance of the new terms.
Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Build My Body of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Build My Body will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Build My Body reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Build My Body will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Build My Body may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Build My Body’s servers on your behalf. You agree that Build My Body has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Build My Body reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Build My Body reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Mobile Services: The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.
CONDITIONS OF USE
User Conduct: You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by Build My Body. Build My Body reserves the right to investigate and take appropriate legal action against anyone who, in Build My Body’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Build My Body, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Build My Body or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
violate any applicable local, state, national or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
solicit personal information from anyone under the age of 18;
harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Prices, Fees and Billing: More information on charges, fees and payments is provided above. To receive a BMB Box, you will be required to provide Build My Body with information regarding your credit card or other payment instrument. You represent and warrant to Build My Body that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Build My Body the charges incurred in accordance with this Terms of Service. You hereby authorize Build My Body to bill your payment instrument in accordance with this Terms of Service until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Build My Body know within thirty (30) days after the date that Build My Body bills you. The current price for each item will appear on the packing list along with the BMB Box, when shipped to you. We may change the price we charge for a particular item (although the price of an item shipped to you will not change before the applicable try-on period is over). We reserve the right to institute fees for any portion of the Service, but if we do, we will provide notice of the change before your next BMB Box is shipped. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services.
Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
INTELLECTUAL PROPERTY RIGHTS
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Build My Body, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of Build My Body, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Build My Body.
The Build My Body name and logos are trademarks and service marks of Build My Body (collectively the “Build My Body Trademarks”). Other Build My Body, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Build My Body. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Build My Body Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Build My Body Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Build My Body be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Build My Body does not pre-screen content, but that Build My Body and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Build My Body and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Build My Body, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Build My Body and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to Build My Body are non-confidential and Build My Body will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Build My Body may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Build My Body, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Build My Body respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Build My Body of your infringement claim in accordance with the procedure set forth below.
Build My Body will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Build My Body’s at email@example.com (Subject line: “DMCA Takedown Request”).
To be effective, the notification must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Build My Body will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Build My Body has adopted a policy of terminating, in appropriate circumstances and at Build My Body’s sole discretion, users who are deemed to be repeat infringers. Build My Body may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Build My Body has no control over such sites and resources and Build My Body is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Build My Body will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Build My Body is not liable for any loss or claim that you may have against any such third party.
SOCIAL NETWORKING SERVICES
In addition, Build My Body is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Build My Body is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Build My Body enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
INDEMNITY AND RELEASE
By using the Website and our service, you agree to indemnify us from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses (whether in tort or in contract including and without limitation, negligence) arising out of or in any way connected to the use of the Website by you.
Some legislation such as the Australian Consumer and Competition Act 2010 (Cth) and other similar consumer protection laws and regulations in other countries may confer you with rights and remedies relating to the provision of goods or services to you by us via the Website which cannot be excluded, restricted or modified (your “Statutory Rights”). We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
Except for your Statutory Rights and with respect to the Website:
all material on the Website is provided to you without warranties of any kind, either express or implied;
we expressly disclaim all warranties of any kind including but not limited to warranties of acceptable quality and fitness for a particular purpose;
we do not warrant that the functions contained in any material on the Website or your access to the Website will be uninterrupted or error free, that any defects will be corrected or that the Website or the server which stores and transmits material to you are free of viruses or any other harmful components; and
we do not warrant or make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
To the extent permitted by law, including but not limited to any act or omission on your part, we will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special and/or consequential, including loss of profits, suffered by you or claims made against you which result from any use or access of, or any inability to use or access, the Website.
You expressly acknowledge that we do not exert control over users of the Internet and we are not liable for damage suffered by you, either directly or indirectly, as a result of your access to the Website.
Limitation of Liability
In the case of services supplied or offered by us:
the resupply of the services; or
the payment of the cost of having the services resupplied.
In the case of goods supplied or offered by us:
the replacement of the goods or the supply of equivalent goods;
the repair of such goods;
the payment of the costs of replacing the goods or acquiring equivalent goods; or
the payment of the costs of having the goods repaired.
You agree that Build My Body, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Build My Body believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Build My Body may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Build My Body may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Build My Body will not be liable to you or any third-party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Build My Body will have no liability or responsibility with respect thereto. Build My Body reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Seek advice from medical professional
As with any activity that involves health or requires physical exertion, it is important that you first consult with your health care professional to ensure that you are mindful of your current health and any restrictions that may be imposed upon you. You should always seek medical attention immediately upon noticing any unexpected changes to your physical or mental condition at any time.
You should always consult a qualified medical professional if you have any questions about your medical condition or an injury that you may sustain.
Seek medical approval from your GP before beginning any new diet or regime.
We intend for the information on our Website to only serve as a general overview on matters of interest. The information on our Website is not intended to be comprehensive, nor does it constitute medical, health or any other kind of advice. We attempt to ensure that the content is current and accurate but we do not guarantee its currency and accuracy. You should carry out your own research and/or seek your own advice before acting or relying on any of the information on our Website.
We do not make any claims that the information is appropriate or may be downloaded in all areas, countries or jurisdictions. Access to the information contained in the Website may not be legal by certain persons or in certain countries. If you access the Website, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.