The Boss Babes Project: Membership Terms and Conditions
This copyright notice applies, and is not limited, to the following Websites, and any of its affiliate pages from time to time (“Websites”):
1.1 www.TheBossBabesProject.com.au are owned by The Boss Babes Project ABN
2. Intellectual Property
2.1. Intellectual property means all our proprietary rights and interests including but not limited to all intellectual or industrial property whether registered, or unregistered, non-existing or coming into existence in the future in connection with or related to or otherwise created, invented, designed or otherwise owned by us, as referred to in these Terms and Conditions as varied from time to time and without limitation includes copyright, trademarks, designs, patents, character names, writings, digital content, business names, inventions, ideas, symbols, artwork, confidential information and moral rights as defined in the Copyright Act 1966 (Commonwealth) and under the law of a country other than Australia.
4.1. We will use our best endeavours to protect your privacy as provided by you with respect to your personal information and by your provision of your personal information as referred to in these Terms and Conditions, you have expressly agreed to our collection, use and retention of your personal information.
4.2. We will manage your personal information in accordance with the requirements of Australian laws.
4.3. We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation.
5. Use of the Websites and The Boss Babes Project Membership
5.1. These Terms and Conditions govern your right to use the Websites and you’re the Boss Babes Project Membership, and/or any products or services (including Events) acquired in relation to The Boss Babes Project and/or the Websites and/or any links provided on the Websites to other Websites.
5.2. In downloading any content from the Website or The Boss Babes Project Membership to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Websites and you’re The Boss Babes Project Membership is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights.
5.3. You agree that when you register, activate and download any content from your The Boss Babes Project Membership you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Websites in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.
5.4. You agree that in downloading any service or product from the Websites or your The Boss Babes Project Membership, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Websites and/or make it available over a network where it could be used by multiple devices at the same time.
5.5. You agree that your use of the Websites and The Boss Babes Project Membership will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Queensland, Australia.
5.6. You agree that in using the Websites and The Boss Babes Project Membership, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format.
5.7. You agree that you will not post comments about the Websites and The Boss Babes Project Membership, and any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of us.
6.1. You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information or if under 18 years of age have provided written parental consent.
6.2. Without limitation, the Websites are available only to individuals that can form legally binding contracts under Australian law.
6.3. We have the right to refuse to deal with you, at any time, at our sole discretion, including the suspension or termination of your registration or The Boss Babes Project Membership, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, and Forum members into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Websites or to the contents and components of the Websites or are in any way in breach of these Terms and Conditions.
6.4. If registering for an Event and under the age of 18 years, your legal guardian or parent must submit the registration form on your behalf and where provided for, complete the written parental consent form online. The parent or legal guardian will be required to be present at any Event registered for on behalf of a minor.
6.5. If you are accessing and using the Websites and The Boss Babes Project Membership and or registering for an Event on behalf of a party who is not at least 18 years of age, then you are representing that you are that party’s legal guardian and you are responsible for that party’s compliance with these Terms and Conditions and you will indemnify us for any losses or damage that we suffer as a consequence of the party who is less than 18 years of age failing to comply with these Terms and Conditions.
7. The Boss Babes Project Membership
7.1. You agree to provide accurate and truthful details about yourself when registering for The Boss Babes Project Membership. We reserve the right to suspend or terminate your registration if we discover you have, at any time, provided inaccurate, incomplete or misleading personal information.
8. Forum Membership
8.1. You acknowledge that Forum membership provides for public communications.
8.2. If you become a Forum member you agree to provide truthful, accurate personal details about yourself as required on the sign-up page for the Forum.
8.3. You will use the Forum only for positive and supportive purposes and not post or comment negatively or in terms that could or might be offensive to other users of the Forum, either on the Forum itself or otherwise.
8.4. You will not use the Forum:
8.4.1. for any unlawful, disrespectful, harmful, threatening, abusive or otherwise objectionable purpose;
8.4.2. to incite others to conduct the activities described in sub-paragraph;
8.4.3. to interfere with the lawful and reasonable use of the Forum by others;
8.4.4. to attempt to directly or indirectly, allow or facilitate a third party to enter the Forum through your registration; and
8.4.5. to sell or promote any services or products to other forum members.
8.5. Although our Forums are ‘Closed Groups/ Private’ you acknowledge that we can only monitor the Forum to the best of our ability. Whilst we will do everything in our power to protect the safety of your privacy, we are unable to control what others do with any images and/or posts uploaded in the Forum. For that reason, you acknowledge that anything posted in the Forum has the potential to be made Public.
8.6. You acknowledge that you will use your own discretion as to what you post in the Forum using all caution necessary to provide for your own safety.
8.7. If posting any “before and after” images we highly recommend covering up or cutting off your face to prevent identification unless of course you are comfortable with the fact that once this image is uploaded, its privacy is out of our control. Any post uploaded by a minor is deemed to have been given parental consent.
9. Medical Disclaimer
As with any physical activity, it is important that before beginning any fitness activity, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.
9.1. Each entrant accepts all risks of participating despite their medical/and or physical condition and forever releases and indemnifies to the fullest extent permitted by law The Boss Babes Project, the Event Manager, the Event Sponsor/s, Event Volunteers; the owners, licensees and occupiers of land upon which any part of the Event is conducted; any statutory body or local authority having control over any land upon which any part of the Event is conducted; their related bodies corporate and their officers, employees, members and/or contractors and any other person from and against all claims, loss (including consequential loss) and/or legal costs), whether or not legal proceedings are instituted, irrespective of the means, manner and/or nature of any settlement or determination arising directly and/or indirectly out of, and/or in connection with, the entrant’s participation in the Event, including event competitions and/or prize draws.
9.2. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.
10.1. Fitness: Each entrant acknowledges they will be, at the time of the Event, medically and physically fit for the Event and unaware of any illness, injury or any other physical disability or impairment which may cause personal injury, death and/or property damage to them or anyone else while participating in the Event.
10.2. Consent to Medical Treatment: Each entrant consents to receiving any medical treatment, including ambulance transportation, The Boss Babes Project considers desirable during or after the Event/s. In the event of an emergency, the entrant authorises their personal details to be shared with appropriate parties, including but not limited to, The Boss Babes Project, the Event Manager, medical staff and the entrant’s Emergency Contact The Boss Babes Project and/or the Event Manager has the right to contact the entrant or their listed Emergency Contact as they consider necessary or desirable during or after the Event.
10.3. Hydration: Each entrant acknowledges it is their responsibility to ensure they are appropriately hydrated while participating in the Event.
10.4. Travel: Each entrant acknowledges that The Boss Babes Project is not responsible for any costs or damages involved in travel to and from the Event.
10.5. Possessions: Each entrant acknowledges that they have sole responsibility for their personal possessions and athletic equipment during the Event and related activities. The Boss Babes Project and the Event Sponsor/s are not liable for any damaged/lost property.
10.6. Directions: All entrants acknowledge they will abide by any reasonable directions issued by an authority of the The Boss Babes Project, the Event Manager and the Police.
10.7. Removal: All entrants acknowledge that The Boss Babes Project, the Event Manager or their authorised representatives may remove the entrant from the Event area and/or exclude the entrant from participation in the Event without reason or explanation:
i. if the entrant’s behaviour is inappropriate, offensive, or abusive;
ii. to prevent damage to any property;
iii. on medical or health and safety grounds (including to prevent possible harm or injury to the entrant or any other person), or (b) to prevent or arrest any form of unauthorised marketing including ambush marketing.
10.8. Model Release: Each entrant consents to, without being compensated in any way, the publication and/or use in any form of media and marketing whatsoever, The Boss Babes Project, the Event Manager or the Event Sponsor/s, their name, image, voice, identifying number, statements, and photographs and films of them taken by The Boss Babes Project or its contractors, in any context pertaining to the Event or otherwise before, during or after the Event for advertising, promotions or otherwise.
10.9. Assumption of Risk: Each entrant acknowledges participation in the Event can be inherently dangerous and they are exposed to certain risks during the Event, including personal injury, death and/or property damage/property loss resulting from their participation, including, overexertion, equipment failure, dehydration, serious accidents and course and weather conditions.
10.10. Indemnity: Each entrant forever releases and indemnifies The Boss Babes Project, the Event Manager, the Event Sponsor/s, Event Volunteers; the owners; licensees and occupiers of land upon which any part of the Event is conducted; any statutory body or local authority having control over any land upon which any part of the Event is conducted; their related bodies corporate and their officers, employees, members and/or contractors against all death or personal injury claims arising out of the entrant’s participation in the Event.
10.11. Limitation of Liability: Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.
10.12. Cancellation and Alteration: The Boss Babes Project has the right to cancel or modify the Event at any time and for any reason as they see fit.
11. The Boss Babes Project: Membership Purchase
11.1. There are three different membership Subscriptions to The Boss Babes Project as follows:
11.1.1.The Getting Started Package
184.108.40.206. A one month subscription that automatically renews unless terminated by you prior to the renewal date;
220.127.116.11. The cost is a per month subscription as listed on the Websites (Including taxes, not including transaction/bank charges).
11.1.2. The Classic Package
18.104.22.168. A one month subscription that automatically renews unless terminated by you prior to the renewal date;
22.214.171.124. The cost is a per month subscription as listed on the Websites (Including taxes, not including transaction/bank charges).
11.1.3. The Diamond Package
126.96.36.199. A one month subscription that automatically renews unless terminated by you prior to the renewal dates
188.8.131.52. The cost is a per month subscription as listed on the Websites (Including taxes, not including transaction/bank charges).
11.2. There will also be various The Boss Babes Project Competitions, Challenges and Programs which will also be subject to these Terms and Conditions.
12. Cancellation/Termination of The Boss Babes Project Membership
12.1. You may cancel your The Boss Babes Project Membership at any time by:
12.1.1. For Website purchased The Boss Babes Project Memberships:
184.108.40.206. log into your members area, go to settings and scroll down to the cancel section.
220.127.116.11. You must cancel at least 48 hours prior to your renewal period or trial period ending.
18.104.22.168. Your cancellation will be in effect immediately and access to The Boss Babes Project will be restricted.
13.1. We reserve the right to terminate this contract in accordance with the following conditions:
13.1.1. Failure to abide by rules of use of the Websites or The Boss Babes Project Membership which includes the App, Forums, competitions/programs, and attendance at any Event;
13.1.2. Action upon a complaint by either another member or an employee or contractor of The Boss Babes Project; and/or
13.1.3. Default of scheduled payments for a period of 2 payments or more.
14. Membership Termination Process by The Boss Babes Project
14.1. If, for any reason stated in the Termination Clause above, The Boss Babes Project terminates your membership, the following process will be followed:
14.1.1. Advice in writing via email of pending termination no later than 7 (seven) days prior to proposed date of termination (except where the reason for termination presents a risk to other clients or The Boss Babes Project staff).
14.1.2. Refund of any membership fees will be based on the nature of the reason for membership termination and at the sole discretion of The Boss Babes Project
15. All Payments
15.1. In purchasing any product or services from the Websites (‘the purchase’) you agree to:
15.1.1. pay via PAYPAL using a valid credit card or bank account (or other form of payment or use of payment provider as The Boss Babes Project may allow) in the manner required by and under the Terms and Conditions outlined by the nominated payment system provider;
15.1.2. provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card or bank account details and billing information as required without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete.
15.1.3. We reserve the right to refuse to continue with your purchase, or put on hold or terminate your access to the Websites and The Boss Babes Project Membership or any of the services or products provided by us at any stage at our sole discretion and you forfeit any right to a refund of any payment made by you for the purchase;
15.1.4. Pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the purchase (“the costs”); and
15.1.5. All costs are in Australian dollars (AUD) unless otherwise indicated.
15.1.6 All purchases, registrations and memberships are non-refundable and non-transferrable, otherwise provided for in these Terms and Conditions.