Inspire By Sophie Guidolin Pty Ltd

ABN 27 161 757 713

TERMS & CONDITIONS

The personal meal plan is generated based on recommended daily energy intake recommendations based on your height, weight, gender, and age. The recommendation is based on the following - [More Information]

The ingredients used in our meal plans are based on the following food databases,

1. The Food and Nutrition Database for Dietary Studies (FNDDS) - [Reference]

2. The USDA National Nutrient Database for Standard Reference (SR) - [Reference]

When we talk about “we,” “our,” or “us” in these terms, we are referring to Inspire By Sophie Guidolin Pty Ltd, an Australian business with ACN 161 757 713. When we talk about the “Services” in these terms, we are referring to our mobile applications available on the Apple iOS Store, the Google Play Store and our website at www.thebod.com.au  as well as the associated services we offer.

We've also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

1 INTRODUCTION

(a) These terms set out the terms and conditions that apply when you use the Services.

(b) By using the Services or otherwise engaging with the content on the Services, you represent and warrant that you:

(i) are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these terms; and

(ii) are the parent or legal guardian of a person under the age of 18 who intends to use the Services, and you agree to be bound by these terms on that person’s behalf.

(c) Please have a careful read through these terms before using the Services. If you don’t agree to these terms, please don’t use the Services.

(d) We may modify these terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify these terms, you’ll be taken to have agreed to the terms as modified.

2 YOUR SUBSCRIPTION

2.1 SUBSCRIPTION

(a) All Services supplied are via subscription model. The Services are only available via paid subscription (Subscription). We may have different subscription levels that includes different features, functions and services (Subscription Levels). We may also have different subscription periods, for example, monthly or annual subscriptions (Subscription Period). Details of Subscription Levels and Subscription Periods as well the associated fee for each (Subscription Fees) will be set out on the sign up page.

(b) Once you subscribe to the Services, your Subscription will continue to renew automatically at the end of each Subscription Period, and you will continue to be charged Subscription Fees unless you cancel your Subscription via email 7 days prior to the billing term- no exceptions.

2.2 ACCOUNT REGISTRATION

(a) As part of subscribing to the Services, and in order to use the Services, you will need to create an account (Account).

(b) When you create an Account, you will be required to provide personal information such as your email address, first and last name, preferred username, a secure password, address, mobile phone number, general health and fitness information and other information as determined by us from time to time. Please ensure all information you provide is true, accurate and complete and to keep this information up to date.

(c) You agree that you're responsible for:

(i) maintaining the confidentiality and security of your Account information and your password; and

(ii) any activities and those of any third party that occur through your Account, whether those activities have been authorised by you or not.

2.3 UPGRADE AND DOWNGRADES

(a) You may upgrade or downgrade your Subscription Level.

(b) If you upgrade your Subscription Level, we will apply the new, relevant Subscription Fees, on a pro-rata basis immediately from the date on which you upgraded your Subscription Level, and you will be charged at the new Subscription Fee.

(c) If you downgrade your Subscription Level, we will downgrade your Subscription Level at the end of your current Subscription Period and you will not be able to access any Services associated with your current Subscription Level after your Subscription Level is downgraded.

3 DISCLAIMER

(a) Some of our Services may involve encouraging you to participate in exercise or physical activity (Activities). To the extent our Services involve Activities:

(i) You acknowledge and agree that the Activities can be dangerous, require strenuous physical activity and mobility and carry the risk of serious injury and other unpredictable risks.

(ii) You acknowledge and agree that you participate in Activities at your own risk.

(iii) You release us and our officers, employees and contractors (Releasees) from any demand, claim, or other proceeding in relation to any personal injury (including death) or damage to personal property in connection with your participation in the Activities, whether or not caused by the negligence of a Releasee.

(b) (General Information) Any information on the plan including any general health, diet and nutritional information is provided to you as general information only. The information is not adapted to your specific circumstances, and it may not meet your specific needs.

(c) (No guaranteed outcomes) We make no representation or guarantee that any of our Services will be useful or relevant to you or that by applying any ideas, recommendations or techniques in the Services you will achieve any particular outcomes.

(d) (Not medical advice) The information on the Application is not medical advice. You should not rely on this information as a substitute for medical advice. Any information provided to you on the Application is not intended to diagnose, treat, cure or prevent any condition. If you think you may have a medical issue please seek medical advice from a trained medical professional.

4 SUBSCRIPTION FEES AND PAYMENT

(a) (When Subscription Fees are due) You must pay the Subscription Fee at the beginning of each Subscription Period. You may choose your preferred Subscription Period at sign up- if offered. 

(b) (Automatic recurring billing) Your Subscription will continue to renew after the end of each Subscription Period, indefinitely, and you must pay Subscription Fees in respect of each Subscription Period in advance, unless you notify us before the end of the then current Subscription Period that you want to cancel your Subscription. Otherwise, we will continue to automatically charge the Subscription Fees from your nominated account at the beginning of each Subscription Period. We will not pay any charge back amount if you fail to cancel your Subscription. You acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Subscription.

(c) (Failure to pay) If Subscription Fees are not paid when they are due, we may revoke your Account and require payment for you to continue accessing the Services.

(d) (Third Party Payment Provider) We use third-party payment providers (Payment Provider) to collect Subscription Fees. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(e) (Credit card surcharges) We reserve the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(f) (Changes to Subscription Fees) We reserve the right, from time to time, to change the Subscription Fees. We will notify you in advance if we do this.

5 REFUNDS

We generally do not offer refunds for any of our subscriptions. 

6 ACCEPTABLE USE

You agree:

(a) not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;

(b) not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; and

(c) not to attempt to breach the security of the Services or otherwise interfere with the normal function of the Services, including by:

(i) gaining unauthorised access to Accounts or data about other users of the Services;

(ii) scanning, probing or testing the Services for security vulnerabilities;

(iii) overload, flood, mailbomb, crash or submit a virus to the Services; or

(iv) instigate or participate in a denial-of-service attack against the Services.

7 YOUR IMAGES

(a) As part of using the Services, you may upload images of yourself (Images).

(b) By uploading any Images, you grant to us (and our agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt the Images in order for us to use, exploit or otherwise enjoy the benefit of the Images.

8 OUR CONTENT

(a) All materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.

(b) You can only access and use these materials for the sole purpose of enabling you to use the Services.

9 THIRD PARTIES

9.1 THIRD PARTY CONTENT

The Services may contain text, images, data, and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

9.2 THIRD PARTY LINKS

The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

9.3 THIRD PARTY TERMS AND CONDITIONS

(a) By using the Services, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).

(b) You agree to any Third Party Terms applicable to any third party goods and services, and the Bod will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

10 NOTICE REGARDING APPLE

If you are accessing the Services from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:

(a) these terms are between you and us and not with Apple. Apple is not responsible for the Services or any content available on the Services;

(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the Services;

(c) in the event of any failure by us to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the Services. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be our responsibility;

(d) Apple is not responsible for addressing any claims by you or any third party relating to the Services, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation;

(e) in the event of any third party claim that the Services or your use of the Services infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;

(f) that you represent and warrant that:

(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;

(g) you must comply with applicable third party terms of agreement when using the Services; and

(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary.

11 OPERATION OF THE SOFTWARE DEPENDENT ON THIRD PARTIES

You acknowledge that the Services are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the Services can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

12 SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:

(a) the Services will be free from errors or defects;

(b) the Services will be accessible or available at all times;

(c) information you receive or supply through the Services will be secure or confidential; or

(d) any information provided through the Services is accurate or true.

13 SECURITY

We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information, your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

14 LIABILITY

(a) To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes the transmission of any computer virus.

(b) You agree to indemnify us and our employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these terms.

(c) All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.

(d) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.

(e) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15 CANCELLATION

15.1 CANCELLATION BY YOU

You are responsible for the cancellation of your Subscription. You can cancel your Subscription at any time, via email [email protected] however please not, the minimum term requirements and 7 days prior to billing cycle is required if you wish to cancel. 

15.2 CANCELLATION BY US

(a) To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time, immediately and without notice, for any reason, provided that we refund to you the Subscription Fees on a pro rata basis. 

(b) We may also terminate your access to any or all of the Services at any time, immediately and without notice without issuing a refund if you breach any provision of these terms.

15.3 EFFECT OF CANCELLATION

(a) If you cancel your Subscription, you will have access to your Account until the end of your current Subscription Period.

(b) If your Subscription is cancelled, terminated or expires you will lose access to your Account and we may delete your Account. If we delete your Account, you won’t be able to recover any Account information including images so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation, termination or expiry of your Subscription

15.4 SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

16 PRIVACY

You agree to be bound by the clauses outlined in our Privacy Policy. 

17 LOCATION OF SERVICES

(a) We control the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.

(b) We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.

(c) You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.

18 GENERAL

18.1 GOVERNING LAW AND JURISDICTION

This agreement is governed by the law applying in Queensland, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

18.2 WAIVER

No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

18.3 SEVERANCE

Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.

18.4 JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

18.5 ASSIGNMENT

A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.

18.6 COSTS

Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.

18.7 ENTIRE AGREEMENT

This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.

18.8 INTERPRETATION

(a) (singular and plural) words in the singular includes the plural (and vice versa);

(b) (currency) a reference to $; or “dollar” is to Australian currency;

(c) (gender) words indicating a gender includes the corresponding words of any other gender;

(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;

(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;

(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and

(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.