Terms & Conditions
1.1 Copyright © 2013-2021 BODY AFTER BABY Pty Ltd ABN 14149209129 This copyright notice applies to the website: (a) www.elleip.com (b) is owned by BODY AFTER BABY Pty Ltd ABN 14149209129 1.2 Copyright exists in the websites and includes and extends to all text, images, graphics, photographs, designs, logos, icons, videos, audios and recordings, words, phrases, proprietary pages and product names referred to and included in the websites unless otherwise obtained from a third party who may itself have its own copyright in that material. 1.3 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 (Cth) and under the law of a country other than Australia. 1.4 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 (Cth) and under the law of a country other than Australia.
2.1 For the purposes of these terms and conditions in addition to paragraph 1 the following definitions apply: (a) Our, ourselves, us, we, refer to the Elle Ip’s Diet Secrets From Beyond Expectations, Elle Ip’s Exercise Program From Beyond Expectations, Elle Ip’s Secret Guide To Supplements, Elle Ip’s Lose 7lb Of Water Weight In 7 day’s, Elle Ip’s Secret Guide To A Basic Diet, Body After Baby Pty Ltd, and its affiliates who for the purposes of these terms and conditions refers to any person or entity we directly or indirectly own, control or operate, currently or in the future and/or which has a controlling interest in us and/or is an entity who has the right to operate with or on behalf of ourselves; (b) Party refers to a party to these terms and conditions and it includes that party’s successors, administrators and assignors and where a party consists of more than person, then these terms and conditions bind them jointly and each of them severally; (c) You or yours refers to you, the person accessing the website and agreeing to the terms and conditions of your use of the website and its contents; (d) license means these terms and conditions for use of this website and its contents; (e)one gender includes each other gender; (f) the single includes the plural and the plural includes the singular; (g) Product means the Elle Ip’s Diet Secrets From Beyond Expectations PDF downloadable content (h) Product means the Elle Ip’s Exercise Program From Beyond Expectations PDF downloadable content (i) Product means the Elle Ip’s Secret Guide To Supplements PDF (j) Product means the Elle Ip’s Lose 7lb Of Water Weight In 7 day’s PDF (k) Product means the Elle Ip’s Secret Guide To A Basic Diet PDF (l) Website means collectively the website www.elleip.com, products and/or services offered or provided by or in the websites.
3. SCOPE OF LICENCE
3.1 By virtue of these terms and conditions, you are granted a non-exclusive, non-transferable, non-sublicensible licence to personally access and us, for non-commercial purposes, the Website and the services offered on the Website 3.2 You may not use the Licenced Product on more than one computer system or device concurrently 3.3 Full-scale reproduction of Product contents is expressly prohibited.
4. USE OF WEBSITE
4.1 These terms and conditions govern your right to use the Website and your access to and use of the Product, and/or any products or services acquired in relation to the Product and/or the Website and/or any links provided on the Website to other websites. 4.2 In downloading any content from the Website 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 Website is only for your personal use and not for any commercial or other use contrary to these Terms and Conditions and our legal rights in respect of the Website, the Product. 4.3You agree that when you download the Product 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 Website 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. 4.4You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time 4.5 You agree that your use of the Website 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 New South Wales, Australia. 4.6 You agree that in using the Website, you will not post threatening, harassing, defamatory, obscene, offensive, hate mail or speech or facilitate others to commit such acts in whatever format. 4.7 You agree that you will not post comments about the Website, any of its content, its individual representatives, officers, directors, consultants and/or employees without the prior written consent of ourselves.
5. YOUR AGREEMENT
5.1 In accessing the Website, including any and all webpages, the Product and/or the services and products, information, text and images offered or provided on the Website, you are deemed to have read and personally agreed to the Terms and Conditions.
6.1 You represent and warrant that you are at least 18 years old and will be responsible for completing all registration information. If you are accessing and using the Website or registering for access to the Product or any of the Website’s services or products 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. 6.2 Without limitation, the Website is 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, if we believe that you may or will bring our reputation, those individuals who represent us in the market place, our other users, into disrepute or otherwise will interfere with other parties’ rights to have reasonable use of and access to the Website or to the contents and components of the Website or are in any way in breach of these Terms and Conditions.
7.1 Title in the Purchase will pass to you on receipt of full payment from you or when you receive the Purchase, whichever happens later. 7.2 Risk of loss or damage to the Purchase will pass to you when we provide the Purchase to a third party for delivery of it to you and we provide no estimate as to time of delivery and you agree that time is not of the essence with respect to delivery. 7.3 Where we send you the Purchase by email delivery, and you claim that you have not received such delivery, then you must contact our Billing Department email at email@example.com within 7 days of the date by which you placed the order for the Purchase for us to investigate your claim.
8.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, due to the nature of the Product and/or the products and services offered by the Website, and as we make no representations to you in respect of your use of the Product and/or the products or services offered by the Website, we provide no warranty as to any results or outcomes associated with using the Product, nor in respect of any use of the products or services offered by the Website. 8.2 You expressly acknowledge that your use of the Website and its products and/or services is at your sole risk. 8.3 At our sole discretion, any claim for a refund will be considered on a case by case basis and we reserve the right to either provide you with a refund once the Purchase is ordered, paid for and sent to you, or refuse your claim.
9. LIMITATION OF LIABILITY
9.1 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. OUR RIGHTS TO MODIFY SERVICES
10.1 You acknowledge that we are entitled at any time, to change, modify, vary, delete or otherwise deal with the website and/or the Terms and Conditions, as we see fit. 10.2 We will publish any intended changes on the website and you will be deemed to have accepted such changes when you first access the Website following our publication of the notice of change on the Website.
11.1 These Terms and Conditions are governed by the laws of New South Wales, Australia and you agree to the non-exclusive jurisdiction of the Courts of that jurisdiction and any appeals from those Courts.
12.1 You agree to indemnify us to the full extent needed from any and all third party claims, liabilities, costs, expenses including solicitor/client costs on an indemnity basis, that we may incur or suffer as a result of your improper or illegal use of the Website and/or from your breach of any of the Terms and Conditions and/or any facilitation or support by you of a third party causing any loss or damage to us. 12.2 You are required to exercise due care to conform to any Australian laws relating to publication, broadcasting, media controls, advertising standards and social media legal considerations, as they may arise or be applied to you in respect of any content you post in relation to the Website or that by your actions of conduct. 12.3 You agree to indemnify us for any claims, losses, liabilities, costs or expenses (“losses”) incurred by us you may cause, or contribute to such losses.
13.1 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. 13.2 We will manage your personal information in accordance with the requirements of Australian laws. 13.3 We will use our best endeavours to ensure your personal information is not accessed illegally or without authorisation but we cannot guarantee that our systems will or can be free from third party interference or be interrupted and so we do not warranty the security or privacy of your personal information including payment and/or account details and you acknowledge that when you provide us with any personal information, you are doing so at your own risk. 13.4 Upon purchase of the Product you grant us the right to email or contact you about promotions new product and services that we have to offer.
14. MEDICAL DISCLAIMER
14.1 We are not a medical organisation and we do not and cannot give or purport to give you any medical advice or assistance in whatever form. Nothing in the Website or anything associated with it should be taken or understood as medical advice or assistance nor should it be interpreted in substitution for any medical advice or assistance or used or referred to instead of seeking appropriate medical advice or assistance from qualified practitioners for your particular circumstances and needs. 14.2 You are solely responsible for evaluating and assessing your own health and wellbeing and whether, in all the circumstances, you should access and use the Website and/or participate in the Product and/or its products and services. We encourage you to seek appropriate medical advice or assistance before embarking on any use of the Website, the Product and/or its products or services. You agree that neither we, nor any of our affiliates, service providers and/or suppliers, warrant or make any representation about the contents, products, services or offers referred to in the Website, and specifically do not make any representation about the risks, results, reasonableness, or accuracy or otherwise of such contents, products, services or offers and your use of the Website, the Product or its products and services, is at your sole risk.
(a) Entire agreement These Terms and Conditions form the entire agreement between us and you in relation to the website and your use of it. (b) Waiver Any failure or delay on our part to exercise a power or right we have under these Terms and Conditions (unless in writing to you) does not amount to a waiver of that power or right and will not preclude our entitlement to exercise that power or right at a later date.