PRIVACY POLICY

In this privacy policy, “us”, “we”, or “our” means Bodies by Rachel, operators of this website.

We are bound by the National Privacy Principles contained in the Commonwealth Privacy Act 1988 (subject to any exemptions that apply to us under that Act).

We may, from time to time, review and update this privacy policy, including taking account of new or amended laws, new technology and/or changes to our operations. All personal information held by us will be governed by the most recently updated policy.

This Privacy Policy was last updated on 26th May, 2018.

1. Information we collect

The personal information we collect falls into four categories: contact details, click trails, activity history, and publishable content.

Contact details are collected as supplied by you from time to time. We do not personally store usable credit card information.
Click trails record the paths taken by visitors through the website. This information is generally recorded against IP address, and may be possible to correlate by computer.
Activity History consists of orders, enquiries, votes submitted via the website, or offline contact you have with us such as phone calls.
Publishable content consists of comments or other submissions of content you would like us to publish on our website.

2. How we collect it

Contact details and publishable content are collected when supplied by you either via the website or direct to us by other means. Click trails are recorded by our servers as each request reaches the website. This includes but is not limited to: The type of browser you are using

The date and time of your visit
Your IP address
The address of the website that referred you to ours
The addresses of pages accessed and any documents downloaded

Click trails can be correlated over time by the use of ‘cookies’ as outlined in section 6. In most cases click trail data is not directly individually identifiable.

Activity history is recorded whenever you undertake an activity such as submit an enquiry, make a comment, vote on an object, and may additionally be recorded by us when you contact us offline.

3. Why we collect it and how we use it

Publishable content is collected and republished where applicable in order to enable a two-way conversation in public between us and our visitors.

We collect your personal contact details and activity history:

To respond to requests or queries you raise
To confirm your identity
To fulfill orders made by you
To keep you up to date with news, special offers, and other marketing information you have opted-in to receive.

We collect click trail data:

To measure and monitor the performance of our website
To estimate interest in our products and services
To refine and update our website’s content
To monitor our website for violations of the terms of use or any applicable laws by visitors

4. How we disclose it

We may disclose your personal information to third parties, and you consent to us disclosing your personal information to third parties, under the following circumstances:

As part of a sale of all or part of our business
When explicitly authorised to do so by yourself at the time you supply the information
As required or authorised by any applicable law
As part of any investigation by us into you or your activity on our website (including to your Internet Service Provider or network administrator)
If we have reason to believe that you have committed a breach of any of our terms of use or have been otherwise engaged in any unlawful activity and we reasonably believe that disclosure is necessary (including to the Police or any other enforcement body, or to your Internet Service Provider or network administrator)
To lessen or prevent a serious threat to a person’s health or safety

5. Publishable content

When you submit content to us for publication (including but not limited to comments, testimonials, votes, or forum posts) you assign us a transferable, perpetual right to publish and/or commercially exploit said content without limitation. You also warrant in submitting such content that the content is owned or produced by yourself or you otherwise have permission to assign publication rights to us. Publication rights do not extend to fields specifically marked as private (e.g. your email address), except in cases of clear violations of our terms of use.

Content submitted by you for publication may be disclosed to all visitors of our website, and/or republished on other websites at our discretion.

If you provide personal information either of your own or of any third party as part of publishable content, you warrant that you have permission to publish said information and indemnify us against any consequences resulting from the publication of said information.

If you find your personal information published on our website without your consent, please contact us immediately as outlined in section 10.

6. Cookies

Cookies are electronic tokens containing small amounts of information that are passed between a web browser and server. They are used to maintain session state between pages or to retain information between visits if you return to the website at a later time.

We use cookies to correlate passive activity tracking data as well as to authenticate supply of information such as enquiries, comments, and votes to minimise malicious or spam traffic.

7. Opting in and out

You may opt out from the correlation of passive activity data by turning off cookies in your browser. Please note however that disabling cookies may result in a reduction of available functionality on our site including but not limited to the loss of the ability to post comments and vote on content.

When you supply us with your email address you may be asked to opt in to receive marketing information by e-mail or other means.

You will be given the opportunity to opt out from receiving further communications from us in accordance with this policy each time we send you information for which you have opted in. This comes in the form of an ‘unsubscribe’ link, generally in the footer and/or header of each email.

If you receive any communication purporting to be connected with us or our products or services that you believe has been sent to you other than in accordance with this policy, or in breach of any law, please contact us immediately as outlined in section 10.

8. Information management and security

With the exclusion of information supplied for publication (as outlined in section 5), we will take all reasonable steps to ensure that the personal information we hold is not lost, misused, or inadvertently provided to unauthorised third parties, including by means of firewalls, password locking, truncation of credit card data, encryption of data in transit, and secured servers.

You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

You must ensure the security and confidentiality of any username and/or password used by yourself to access this website. You agree that you will be held responsible for all activities which occur under your username and password (including but not limited to publication of illegal or defamatory material or any other unlawful activity, or unauthorised charging of your credit card).

You agree that we are not responsible for the privacy or security practices of any third party and that the collection and use of your information by third parties may be subject to separate privacy and security policies.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately as outlined in section 10.

9. Gaining access to your information

You have the right (excluding exceptions outlined in the Privacy Act) to seek access to and update or correct the personal information we hold about you. If you make an access request, we will ask you to verify your identity. We may charge a fee to cover the costs of meeting your request.

If you would like to seek access to personal information we hold about you, you can contact us as outlined in section 10.

10. How to contact us

If you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, please email: coaching@bodiesbyrachel.com.au

 

 

TERMS OF SERVICE

The Terms and Conditions of Use (“Terms”), is an agreement between you and Global Fitness Pty Ltd (ABN 57 611 288 834) trading as Bodies by Rachel (herein after referred to as Bodies by Rachel, us, our, or we). When you use Bodies by Rachel website (the “Site”), the Bodies by Rachel App, and other services provided by us and on which a link to these Terms of Use is displayed (collectively, together with the Site and App, our “Service”), you agree that the Terms govern your use of the Services and other legal rights associated therewith.

 

IN CONSIDERATION OF THE SERVICE TO BE PROVIDED AND YOUR PAYMENT FOR THE SERVICE AND AFTER READING THESE TERMS IT IS AGREED AS FOLLOWS: –

 

  1. Review before Payment

All Terms and Conditions should be reviewed by yourselves or by an independent person of your choice before any payments are made as these payments are nonrefundable and are to be made only in Australian Dollars.

 

Age

  1. You hereby warrant by agreeing to these terms to be at least eighteen (18) years of age and you acknowledge that you must be eighteen (18) years of age to use the Service. If you are not eighteen (18) years of age you must immediately cease using this service.
  2. Information

All information required to open an account for access to this Service shall be accurate and shall be kept updated by yourself. You will create a password and it is your obligation to keep this confidential. You are responsible for all activities that occur under your account. If there is concern about the security of your account then you must immediately notify Bodies by Rachel at coaching@bodiesbyrachel.com.au. Any information provided about yourself grants us the right to use and store such information.

 

  1. Nutritional and Medical Advice

Services provided by Bodies by Rachel is not in any way to be taken to be medical or nutritional advice and is advice only to assist with your fitness aspirations. It is acknowledged that your personal fitness level is individual and before acting upon any information given by Bodies by Rachel you should obtain independent confirmation from medical and other health professionals who can assess you individually.

  1. Removal of Information

At our sole discretion, Bodies by Rachel shall remove any information posted on any of our App, Sites or Services.

 

  1. Notifications

It is agreed that notifications may be sent by us to you however we do not guarantee their timely delivery as delays may occur.

 

  1. Mobile Device Usage

You are liable for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees.

 

  1. Third-Party Services

Through the use of this Service you obtain information including User Consent to Third Party Services. You agree that we may transfer such information to and from the third-party service. Such third-party services are not under our control, and you agree we are not responsible for their use of this information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content or their use of this information.

 

  1. Unacceptable Conduct

The Service is not to be used in any way (in the sole opinion of Bodies by Rachel): –

  1. For any illegal purpose;
  2. For any purpose that effects the intellectual property of Bodies by Rachel;
  3. To post, upload or distribute any material which in the sole discretion of Bodies by Rachel is inappropriate;
  4. To effect the security of the Service;
  5. To interfere with the enjoyment of another user of the Service;
  6. To perform any fraudulent activity;
  7. To transfer or assign the access to the Service to another party without the consent of Bodies by Rachel.
  1. Changes to the Terms

Bodies by Rachel reserve the right, at our discretion, to change these Terms at any time

 

  1. Intellectual Property

The Service is owned and operated by Bodies by Rachel. All intellectual property and all other elements of the Service are the property of Bodies by Rachel. During your time as a user of the Service you are granted a limited non-transferrable license to access and use intellectual property for your personal and non-commercial use only.

 

  1. Privacy Policy

The Privacy Policy detailed hereunder is agreed to be part of these Terms. It is further acknowledged that any additional terms such as license agreements or applications that may be offered or any rules in relation to the use of the Service are additional terms and are agreed to be part of these terms.

 

  1. Agreed Information

The personal information collected are contact details, your website trails, activity history and all information provided by you including but not limited to; comments, testimonials, votes or forum posts.

Contact details are collected as supplied by you from time to time. We do not personally store usable credit card information.

Website trails record the trails taken by visitors to the website. This information is generally recorded against IP address, and may be possible to correlate by computer.

Activity History consists of orders, enquiries, votes submitted via the website, or offline contact you have with us such as phone calls.

Publishable material consists of comments you would like us to publish on our website.

B.    Supply of Information

Contact details and publishable content are collected when supplied by you either via the website or direct to us by other means

 

  1. Use of Information

Publishable material is collected and republished where applicable in order to enable a two-way conversation in public between us and our visitors.

We collect your personal contact details and activity history:

  • To respond to requests or queries you raise
  • To confirm your identity
  • To fulfil orders made by you
  • To keep you up to date with news, special offers, and other marketing information you have opted-in to receive.

We collect web trail data:

  • To monitor the performance of our website and enhance our service and to ensure all laws are properly followed.

D.    Disclosure

We may disclose your personal information to third parties and you consent to us disclosing your personal information to third parties as follows:

  • As part of a sale of all or part of our business
  • When explicitly authorised to do so by yourself at the time you supply the information
  • As required or authorised by any applicable law
  • As part of any investigation by us into you or your activity on our website (including to your Internet Service Provider or network administrator)
  • If we have reason to believe that you have committed a breach of any of our terms of use or have been otherwise engaged in any unlawful activity and we reasonably believe that disclosure is necessary (including to the Police or any other enforcement body, or to your Internet Service Provider or network administrator)
  • To lessen or prevent a serious threat to a person’s health or safety

E.     Your Information

In respect of information that you provide to us including cookies, you assign us a transferrable perpetual right to publish or commercially exploit said information. You also warrant in submitting such content that the content is owned or produced by yourself. Publication rights do not extend to fields specifically marked as private (e.g. your email address), except in cases of clear violations of our terms of use.

Content submitted by you for publication may be disclosed to all visitors of our website, and/or republished on other websites at our discretion.

If you provide personal information either of your own or of any third party as part of publishable content, you warrant that you have permission to publish said information and indemnify us against any consequences resulting from the publication of said information.

If you find your personal information published on our website without your consent, please contact us immediately as outlined in section 10.

 

F.     Security

We will take all reasonable steps to ensure that the personal information we hold is not lost, misused, or inadvertently provided to unauthorised third parties.

You agree that the security of communications sent by electronic means cannot be guaranteed. You provide information to us via the internet at your own risk. We cannot accept responsibility for misuse or loss of, or unauthorised access to, your personal information where the security of information is not wholly within our control.

If you suspect any misuse or loss of, or unauthorised access to, your personal information, please contact us immediately.

G.    How to contact us

If you have any questions or complaints about how we collect, use, disclose, manage or store your personal information, please email: coaching@bodiesbyrachel.com.au

 

  1. Termination of Use

Either party may terminate the user account without notice.

 

  1. Indemnity

You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Bodies by Rachel and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Bodies by Rachel Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, and costs, arising out of or in any way connected with your access to, use of, or alleged use of the Site or Service.

You further acknowledge that Bodies by Rachel may take control of any matter in this regard and that you will cooperate with our defense of any claim.

 

  1. Disclaimers; No Warranties.

The Site, App, Service, and all materials and content available through this Site and Service are provided “as is” and on an “as available” basis, without warranty or conditions of any kind, either express or implied. Bodies by Rachel Disclaims all warranties of any kind, whether express of implied relating to your use of the Service.

If you access any Bodies by Rachel Service using an Apple iOS or other third-party device, you acknowledge that each of those third-party companies, such as Apple Inc. (each, “App Provider”), will not be responsible for any damages arising out of the failure of a Bodies by Rachel Service to operate as intended.

 

  1. Limitation of Liability.

In no event will Bodies by Rachel be liable to you for any indirect, incidental, special, consequential or punitive damages (including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses) arising out of or relating to your access to or use of, or your inability to access or use, the site, app, service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute or any other legal theory. Any liability incurred by Bodies by Rachel will be limited to the amounts you have paid to Bodies by Rachel for access to and use to the Service in the twelve (12) months prior to the claim.

 

  1. Governing Law.

These Terms shall be governed by the laws of Australia without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Bodies by Rachel agree to submit to the personal and exclusive jurisdiction of the State courts and Federal courts located within Australia for the purpose of arbitration, litigation, and all other dispute resolution.

 

  1. International Users

Our websites are controlled, operated, and administered by Bodies by Rachel from its offices within Australia. Bodies by Rachel makes no representation or warranty that the materials contained within our Services are appropriate or available for use at other locations outside of Australia, and access to them from territories where the contents or products available through the Services are illegal is prohibited. You may not use the websites or export the content or products in violation of Australian export laws and regulations. If you access our websites from a location outside of Australia, you are responsible for compliance with any and all local laws, rules, regulations and ordinances.

Contact Bodies by Rachel with any questions or comments about the Terms or Privacy Policy by email at coaching@bodiesbyrachel.com.au. You may obtain a copy of these Terms by sending an email to the addresses listed.

 

  1. Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Bodies by Rachel, regarding your use of and access to the Site, App, and Service, and except as expressly permitted above may be amended only by a written agreement signed by authorised representatives of all parties to these Terms.

 

  1. Dispute Resolution and Arbitration.

You agree that this dispute resolution and arbitration provision is important. You and Bodies by Rachel Agree to these Dispute Resolution and Arbitration provisions replace and substantially limit, or eliminate, your right to litigate these cases in Federal or State courts, except limited grounds for enforcing the arbitration award.

You and Bodies by Rachel agree that “dispute” as defined in these terms shall not include any claim or cause of action by you or Bodies by Rachel for

       (i) trade secret misappropriation;

       (ii) patent infringement;

       (iii) copyright infringement or misuse; and

       (iv) trademark infringement or dilution.

Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

  • Notice

A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or Australia Post Express (signature required), or in the event that we do not have a physical address on file for you, by electronic mail. Bodies by Rachel’s address is: – coaching@bodiesbyrachel.com.au.

The Notice must:

  • describe the nature and basis of the claim or dispute; and
  • set forth the specific relief sought (“Demand”).

We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Bodies by Rachel, may commence an arbitration proceeding. Any action filed in any court shall be required to be dismissed in lieu of binding arbitration in accordance with these Terms.

  • Hearing

Any arbitration hearings will take place at a location to be agreed upon in Australia provided that if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted

(i) solely on the basis of documents submitted to the arbitrator;

           (ii) through a non-appearance based telephonic hearing; or

           (iii) by an in-person hearing as established by the AAA Rules.

The payment of all fees will be governed by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

  • No Class Actions

You and Bodies by Rachel agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and Bodies by Rachel agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

 

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