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Website Terms and Conditions (Australia)

 

LAST UPDATED: September 30, 2024

PLEASE READ THIS DOCUMENT CAREFULLY.

Bulletproof Shoulders ("we" or "us") is an online fitness service ("Service") located at bulletproofshoulders.net ("Site"), including related mobile applications, desktop applications, and websites. By registering as a member or using the Bulletproof Shoulders Online Coaching system in any way, you accept these Terms of Service ("Agreement" or "Terms"), which form a binding agreement between you and Bulletproof Shoulders. You should also read and understand the Bulletproof Shoulders Online Coaching Privacy Policy, which is incorporated into this Agreement by reference.

By accessing the Site and/or using the Service, you acknowledge and agree that your use of the Bulletproof Shoulders Online Coaching service is at your own risk. We do not assume any liability nor provide any warranties, express or implied, regarding the Service or your use of it, except where such warranties cannot be excluded under Australian Consumer Law.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY POLICY, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS, AND GENERAL HEALTH AND LEGAL DISCLAIMERS, DO NOT USE THE SITE OR THE BULLETPROOF SHOULDERS ONLINE COACHING SERVICE.

By using the Service, you consent to receiving this Agreement in electronic form. If you wish to withdraw this consent, you must cease using the Service and terminate your account. Please contact us with any questions regarding this Agreement.

 

HEALTH WARNING AND LIABILITY DISCLAIMER

Before starting this or any other exercise program, you should consult your doctor or other qualified health professional. This is particularly important if you or your family have a history of high blood pressure, heart disease, or if you have ever experienced discomfort while exercising.

Nothing stated or posted on the Bulletproof Shoulders Online Coaching service is intended to be, or should be taken as, medical or professional advice. Your use of the Bulletproof Shoulders Coaching service is at your own risk. Please read our full professional advice, medical, and general disclaimer in Section 2 before commencing your use of the Service. To the fullest extent permitted by Australian law, we disclaim any liability resulting from your use of Bulletproof Shoulders Online Coaching services.

1. Who May Use the Bulletproof Shoulders Online Coaching Service

Age Requirement: You must be at least 18 years old to use Bulletproof Shoulders Online Coaching.

Notice to Parents and Guardians: You are responsible for monitoring and supervising your child’s use of Bulletproof Shoulders Online Coaching. If your child is under 18 and using Bulletproof Shoulders Online Coaching without your express consent, please contact us immediately so that we can disable their access. If you have questions about Bulletproof Shoulders Online Coaching, please contact us at customerservice@bulletproofshoulders.com.

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2. Professional Advice, Medical and General Disclaimer

You should consult your doctor or another qualified health professional before beginning this or any other exercise or nutrition program to determine if it is suitable for you. This is particularly true if you (or your family) have a history of high blood pressure, heart disease, chest pain while exercising, high cholesterol, smoking, or bone/joint problems that could be aggravated by changes in physical activity. If your doctor advises against using Bulletproof Shoulders Online Coaching, do not use the Service. If you experience faintness, dizziness, pain, or shortness of breath at any time while exercising, stop immediately and seek medical attention.

Bulletproof Shoulders Online Coaching provides exercise and fitness information for informational purposes only. Nothing stated or posted on bulletproofshoulders.net or any affiliated sites should be taken as medical, professional, or counselling advice. This includes but is not limited to psychiatry, psychology, physiotherapy, or providing health-related diagnoses, treatment, or advice. If you have concerns about your health, always consult a healthcare professional. Never disregard or delay seeking medical advice due to information obtained from the Bulletproof Shoulders site.

The information provided on this site is not guaranteed to be up to date or reflect the latest medical research. Bulletproof Shoulders makes no express or implied warranties about the accuracy, completeness, or appropriateness of the information provided.

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3. Third-Party Services and Links

Through the Bulletproof Shoulders Online Coaching service, you may have access to third-party services, products, and promotions that are not provided by Bulletproof Shoulders ("Third-Party Services"). If you choose to use any Third-Party Services, you are responsible for reviewing and understanding their terms and conditions. Bulletproof Shoulders is not responsible for the performance, actions, or omissions of any third-party providers.

The Bulletproof Shoulders Online Coaching service may include links to third-party websites for your convenience. The inclusion of a link does not imply our approval, endorsement, or recommendation. You access such websites at your own risk, and they are not governed by this Agreement. When you navigate to an external website, our Privacy Policy no longer applies, and you are subject to the policies of the respective website.

Bulletproof Shoulders expressly disclaims any liability for Third-Party Services, their websites, and the actions or omissions of their providers.

 

4. Limitation of Liability

To the fullest extent permitted by law:

(i) Bulletproof Shoulders and its affiliates shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages. This includes, but is not limited to, damages for personal injury, loss of income, loss of enjoyment, pain and suffering, emotional distress, loss of profits, loss of future earnings, goodwill, data loss, or other intangible losses.

(ii) The total liability of Bulletproof Shoulders and its affiliates shall not exceed the amount you have paid to Bulletproof Shoulders in the twelve (12) months preceding your claim(s).

If you do not agree to this limitation of liability, you are not authorized to use the Bulletproof Shoulders Online Coaching service.

 

5. Privacy

Your privacy is important to us. Our Privacy Policy, which forms part of this Agreement, outlines:

  • The information we collect about you.

  • How we use that information.

  • When and with whom we share that information.

Consent to Email: By becoming a member, you agree to receive email communications from us. These may include administrative notices, service updates, and promotional offers. You can opt out of promotional emails at any time.

 

6. Membership Provisions

Registration: To access Bulletproof Shoulders Online Coaching, you must register by providing a username, password, valid email address, and valid payment details. You must keep your registration information accurate and updated.

Username: You may not use another person’s name, a name that violates third-party rights, or a name that is offensive or inappropriate.

Non-Commercial Use: The service is for personal use only. Users may not:

  • Advertise or promote products or services.

  • Solicit users for commercial purposes.

  • Use information from the service to contact or sell to other users without explicit consent.

Organizations and businesses may only use the service with written permission from Bulletproof Shoulders. Unauthorized use may result in legal action.

Account Security: You are responsible for all activity under your account. You must not share your login credentials. If you suspect unauthorized access, change your password immediately and notify us at customerservice@bulletproofshoulders.net.

 

7. Payments

Auto-Billing & Subscription Fees: Bulletproof Shoulders Online Coaching operates on a paid, auto-renewing subscription basis. By signing up, you consent to recurring billing. Your subscription will continue until canceled. Prices may change, but we will notify you of any adjustments.

Cancellation: To cancel your subscription:

  1. Log into your account at bulletproofshoulders.net

  2. Go to "Account" > "Billing Settings"

  3. Select "Cancel" and confirm

There are no refunds for billing periods that have already passed.

Authorization: By providing payment details, you authorize Bulletproof Shoulders to charge your account monthly. If a payment results in overdraft fees or chargebacks, you are responsible for those fees.

Non-Usage: Even if you do not use the service, you are responsible for subscription fees until you cancel.

Changes: Bulletproof Shoulders reserves the right to modify or discontinue aspects of its subscription service at any time.

 

8. Term and Termination; Account Deletion

Term: This Agreement begins when you first use Bulletproof Shoulders Online Coaching and remains in effect while you have an account.

Canceling Your Subscription: You may cancel via your account settings or by emailing customerservice@bulletproofshoulders.net.

Account Deletion: You may delete your account at any time. Bulletproof Shoulders reserves the right to delete inactive accounts (i.e., accounts with no login activity for six (6) consecutive months) or accounts with expired payments.

Termination for Breach: Bulletproof Shoulders may suspend or delete accounts that violate this Agreement or harm its reputation. If your account is deleted for a breach, you may not re-register. We may block your email and IP address to prevent further access. Some termination details may be confidential due to legal obligations.

All provisions of this Agreement that by their nature should survive termination shall continue in full force and effect.

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9. Content

User Contributions

The Bulletproof Shoulders Online Coaching Service may include interactive features such as message boards, chat rooms, personal profiles, forums, bulletin boards, exercise programs, and private messaging (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit content or materials ("User Contributions").

All User Contributions must comply with the content standards outlined in this Agreement. Any content you post will be considered non-confidential and non-proprietary. By providing content on the Bulletproof Shoulders Online Coaching Service, you grant Bulletproof Shoulders and its affiliates the right to use, reproduce, modify, perform, display, distribute, and disclose such material for any purpose.

By submitting User Contributions, you represent and warrant that:

  • You own or have the necessary rights to your User Contributions and can grant the license above to Bulletproof Shoulders and its affiliates.

  • Your User Contributions comply with this Agreement.

  • You are responsible for your User Contributions, including their legality, reliability, and accuracy. Bulletproof Shoulders is not responsible or liable for any content posted by users.

Prohibited Content

You must not submit any content that:

  • Infringes on third-party intellectual property rights (e.g., copyrights, trademarks, privacy rights).

  • Is obscene, indecent, abusive, offensive, violent, inflammatory, or otherwise objectionable.

  • Contains nudity, sexually explicit material, or pornography.

  • Is hateful, defamatory, discriminatory, or incites hatred against individuals or groups.

  • Is deceptive, misleading, or impersonates another person or entity.

  • Promotes illegal activities or unlawful acts.

  • Harasses, intimidates, or exploits any person, including minors.

  • Depicts extreme violence, cruelty, or violates legal rights.

  • Contains unauthorized use of another person's image, video, or personal information.

  • Contains viruses, malware, or harmful code.

  • Involves unauthorized commercial activity, such as advertising or promotional materials.

Bulletproof Shoulders’ Rights

Bulletproof Shoulders reserves the right to:

  • Remove or refuse any User Contributions at its discretion.

  • Take appropriate action if any content violates this Agreement, infringes intellectual property rights, threatens user safety, or creates legal liability.

  • Disclose user identity to third parties claiming their rights are infringed.

  • Cooperate fully with law enforcement authorities or court orders requesting disclosure of user information.

You waive any claims against Bulletproof Shoulders, its affiliates, licensees, and service providers arising from actions taken in response to investigations by law enforcement or legal authorities.

Bulletproof Shoulders does not undertake to review content before it is posted and is not responsible for removing objectionable content promptly.

Copyright Infringement

If you believe your copyright has been infringed, please refer to our Copyright Policy for submitting a notice of infringement. Bulletproof Shoulders may terminate the accounts of repeat infringers.

 

10. Indemnification

You agree to indemnify, defend, and hold harmless Bulletproof Shoulders, its affiliates, directors, officers, employees, and agents from any liability, claims, damages, losses, and costs (including legal fees) arising from:

  • Your use of the Bulletproof Shoulders Online Coaching Service.

  • Any violation of this Agreement.

  • Any content you submit that infringes on the rights of others.

Bulletproof Shoulders reserves the right to assume the exclusive defense of any claim subject to indemnification, and you agree to cooperate.

 

11. License to Use the Bulletproof Shoulders Online Coaching Service

Bulletproof Shoulders grants you a limited, non-exclusive, non-transferable license to access and use the Bulletproof Shoulders Online Coaching Service for personal, non-commercial use. You may not:

  • Reproduce, redistribute, publicly display, or create derivative works from the Service.

  • Decompile, reverse engineer, or attempt to access the source code.

  • Interfere with or disrupt the Service.

All rights not expressly granted are reserved by Bulletproof Shoulders.

 

12. Arbitration and Governing Law

Any disputes arising from this Agreement shall be resolved through binding arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA) under the International Arbitration Act 1974 or applicable state law. You waive the right to pursue claims in court, except for small claims matters.

You also waive any right to class-action lawsuits. Arbitration decisions are legally binding and enforceable in court, with limited grounds for appeal.

If arbitration is deemed unenforceable, disputes shall be resolved in the courts of Perth, Western Australia, under Western Australian law.

 

13. Interpretation, Severability, and Waiver

  • Headings are for convenience only.

  • If any term is deemed invalid, the remaining terms shall remain enforceable.

  • Bulletproof Shoulders’ failure to enforce any right does not waive future enforcement.

 

14. Assignment and Third-Party Rights

This Agreement is binding upon both parties and their successors. You may not assign your rights without written consent from Bulletproof Shoulders. No third party has rights under this Agreement.

 

15. Notices and Communication

You agree to receive electronic communications from Bulletproof Shoulders. Notices may be provided via email or posted on the Service.

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For legal inquiries, contact:

Bulletproof Shoulders
102 Railway Street, West Perth
Email: admin@bulletproofshoulder.net

 

16. Modifications

Bulletproof Shoulders reserves the right to update this Agreement. Any modifications will take effect upon posting on the Bulletproof Shoulders Online Coaching website.

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