Terms and Conditions
These Terms govern your use of BodyGuide App.
1. Body Made Simple Pty Ltd, ABN 27 632 432 065 (we, us or our) is the owner and operator of the ‘BodyGuide’ App (BodyGuide).
2. Please read through the following terms and conditions (Terms). The Terms will form an agreement between you and us which will govern your use of BodyGuide App.
3. BodyGuide provides self-help exercises to users of BodyGuide (Users) as a source of information to manage a healthy lifestyle. BodyGuide is designed to identify activities that may assist a user to manage their musculoskeletal injury or condition (Issue). BodyGuide is not a diagnostic tool and is not designed to be used for the specific treatment of any particular issue. Based on user responses to a series of questions posed by BodyGuide, BodyGuide will either:
(a) provide example self-help exercises that may be completed over a 12-week period with
monitoring of compliance, for Users who are identified as appropriate to undertake self-help exercises for their Issue; or
(b) ask the User to see a health professional for further assessment, if self-help exercises are not appropriate for their Issue.
4. By accessing and using BodyGuide, you acknowledge and confirm that you have read and understood these Terms, and you agree to comply with these Terms.
5. If you disagree with any of these Terms, please do not use BodyGuide.
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Intellectual property
6. Unless expressly stated otherwise, we are the sole owner of all the copyright, trademarks, trade names, patents and other intellectual property rights created, developed, subsisting or used in or in connection with BodyGuide, whether or not you contribute to such material.
7. Except to the extent permitted by the ‘Limited Licence’ in these Terms below, or as required under law, BodyGuide must not be accessed, used, republished, reproduced, copied, sold, modified, or otherwise exploited (in full or in part), without our express written consent.
Limited licence
8. We grant you a limited, revocable, and non-exclusive licence to access and use BodyGuide (Limited Licence). The rights granted to you by the Limited Licence are personal, and are intended to allow you to access and use BodyGuide for the purposes of you obtaining information on self-help exercises that may assist you to manage the Issue, or you being asked to see a health professional for further assessment if self-help exercises are not appropriate for your Issue. You must not access or use BodyGuide for any other purpose, including commercial purposes.
Use of BodyGuide
9. You acknowledge and agree that:
(a) BodyGuide only facilitates provision of information to you in the form of self-help exercises that may assist you to manage the Issue;
(b) BodyGuide is not a diagnostic tool and is not designed to be used for the specific treatment of any particular Issue;
(c) BodyGuide should not be used as a substitute for in-person assessment, diagnosis and treatment by a health professional;
(d) you use BodyGuide and the information provided to you through BodyGuide at your own risk;
(e) you will provide true and accurate answers to any questions posed by BodyGuide;
(f) you will not falsely or inaccurately resubmit answers to questions posed by BodyGuide for the purpose of altering the self-help exercises or request to see a health professional provided by BodyGuide;
(g) if you provide false or inaccurate answers to any questions posed by BodyGuide, this may result in injury and loss to you; and
(h) you are solely responsible for obtaining appropriate professional medical advice in relation to your health, should you have any concerns regarding your Issue or otherwise in respect of your health, whether during or after your use of BodyGuide.
10. You must not make any part of BodyGuide and information provided through BodyGuide available as part of another application or website in any manner without our express written consent.
11. You must not use any device, application, software, item or equipment, or take any action, which does or may affect the operation of BodyGuide.
12. We may provide links to or information from third-party applications or websites through BodyGuide (Third Party Information). We do not endorse, and we are in no way responsible nor liable for the content of any Third Party Information. Further, we do not claim that any Third Party Information is accurate. You are responsible for assessing the relevance and accuracy of the Third Party Information. Linked third-party applications or websites may have their own terms and conditions of use, and you should familiarise yourself with those terms and conditions when using such third-party applications or websites.
User-Generated Content
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13. As a User of BodyGuide, you may enter, upload or otherwise provide content or information through BodyGuide (User Generated Content).
14. You warrant, in respect of any User-Generated Content that you provide through BodyGuide, that you have the right to provide such User Generated Content, and the provision or use of such User-Generated Content does not breach these Terms or applicable laws or the intellectual property rights of any third party.
15. You agree that you are solely responsible for all User-Generated Content that you provide through BodyGuide.
16. We do not endorse any User-Generated Content, nor do we claim that any User-Generated Content is accurate. We are in no way responsible nor liable for User-Generated Content.
17. We are not responsible for providing any supervision or monitoring of User-Generated Content available through BodyGuide. However, we reserve the right to restrict or remove access to any User-Generated Content at our absolute discretion, including but not limited to circumstances in which the User Generated Content is in breach of these Terms.
Test Versions
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18. The version of BodyGuide you are using may be a test version.
19. Without limiting the remaining provisions of these Terms, you acknowledge and agree that:
(a) the software in this version of BodyGuide is not in a final form ready for general release,
and it may not operate correctly with respect to its functionality, accuracy or appropriateness of information provided, or otherwise;
(b) this test version of BodyGuide is provided ‘as is’ without warranty of any kind, express or implied, to the extent permitted by law;
(c) you use this test version of BodyGuide at your own risk; and
(d) you are solely responsible for obtaining appropriate professional medical advice in relation to your health, should you have any concerns regarding your Issue or otherwise in respect of your health, whether during or after your use of this test version of BodyGuide.
Limitation of liability and indemnity
20. We do not make any warranties or representations regarding the quality or accuracy of information provided through BodyGuide.
21. You acknowledge that in using BodyGuide, your performance of any self-help exercises will be unsupervised, and the example exercises identified will be based on your responses to BodyGuide and without in-person assessment. You acknowledge and accept the risks in using BodyGuide in this
manner without supervision, including the risk of personal injury and loss to you.
22. BodyGuide must be used only for the purposes of you obtaining information on self-help exercises that may assist you to manage your musculoskeletal Issue, or you being asked to see a health professional for further assessment if self-help exercises are not appropriate for your Issue. Such information provided through BodyGuide does not constitute a diagnosis of your Issue nor does it advise or prescribe the specific treatment of any particular issue.
23. To the extent permitted by law, we are not responsible for and you release us from all liability (including in negligence) in respect of any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with your use of BodyGuide or in connection with any information contained in BodyGuide.
24. We are not responsible for the deletion or otherwise unavailability of information or functionality contained in or accessed through BodyGuide.
25. To the extent permitted by law, you agree to indemnify us and hold us harmless against any losses, damages, injury to property or person, and costs incurred or suffered directly or indirectly in connection with: any breach by you of these Terms; any User Generated Content that you provide through BodyGuide; and any breach by you of any applicable law or the rights of a third party (including any third party intellectual property rights).
Privacy
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26. We will handle your personal information in accordance with applicable privacy laws, including the Privacy Act 1988 (Cth) and the Australian Privacy Principles contained in that Act.
27. BodyGuide allows you to create a user profile. If you use this functionality to create a user profile for any person/s other than you, you must have each such person’s prior consent to create a profile for them and to share their personal information via BodyGuide for this purpose.
28. In respect of any person/s other than you whose personal information you provide through BodyGuide, you warrant that you have obtained all necessary consents to provide this information under applicable privacy laws.
Subscription fees
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29. BodyGuide may offer a paid quarterly and/or annual subscription service for Users (Premium Service) which can be purchased from BodyGuide. BodyGuide may also offer a once-off ‘lifetime’ subscription purchase, which does not incur an automatic renewing fee as described in clause 30.
30. Premium Service subscription fees will be billed automatically at the start of the relevant quarterly or annual period, as applicable. These fees will automatically renew until you cancel your Premium Service subscription using your account page provided by BodyGuide. If you cancel your Premium Service the cancellation will take effect at the end of your current monthly or annual billing period, as applicable. You may renew your Premium Service subscription at any time. All Premium Service fees must be paid in advance.
31. If you choose to register for a Premium Service, you agree to pay the Premium Service fees and any associated taxes, as notified by BodyGuide. We reserve the right to change the Premium Service fees at any time by providing you with reasonable advance notice of any such change (but in any case, no less than 28 days’ notice). Subject to applicable law, you agree to accept any changes to the Premium Service fees and any associated taxes by continuing to use the Premium Service after the price change takes effect. If you do not agree with the changes to fees, you may reject
the change by cancelling your Premium Service subscription prior to the change taking effect.
32. Premium Service subscriptions will be provided in accordance with the Australian Consumer Law
contained in the Competition and Consumer Act 2010 (Cth) and other applicable law
App updates
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33. We may from time to time amend or update the content or functionality of BodyGuide. We may do so at any time in our absolute discretion and without prior written notice to you.
Updates to these Terms
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34. We may from time to time amend or update these Terms at any time by publishing new Terms on BodyGuide. You are bound by any such new Terms where you continue to use BodyGuide after any such amendment or update of the Terms. You are responsible for reviewing BodyGuide periodically to check for any amendment or update of the Terms.
Miscellaneous
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35. Any provision of these Terms which is found to be invalid or unenforceable must be read down, if possible, so far as to be valid and enforceable, and if that is not possible, the provision must, to the extent that it is capable, be severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms.
36. These Terms are governed by the laws of the State of Victoria, Australia, and each party submits to the exclusive jurisdiction of the courts of the State of Victoria, Australia.
37. If you access or use BodyGuide in the capacity of an authorised representative of another person or entity, you acknowledge and agree that you are legally authorised to bind that other person or entity to these Terms.