These are the terms of use (Terms) that apply to your use of the BodySmith Fitness Rewards website.
Please read these Terms and our Privacy Policy carefully before using the Site.
The Site is operated by "We Make A Difference" and allows Subscribers to connect with Merchants who offer goods(including vouchers, discounts and special offers) and services (Merchant Offerings) for purchase.
You must become a Subscriber by creating an Account to access any of the Merchant Offerings through the Site.
By using the Site, youagree to comply with and be bound by theseTerms and the Privacy Policy.
Gold membership:
You may cancel your membership at any time. However you may only receive a refund of the membership fee you have paid if you request a cancellation and refund within 14 days of your membership being approved by us. If you choose to cancel your membership more than 14 days after your membership is approved, you will not be eligible for a refund.
eCards:
The payment for the eCards are made through our site then we purchase from the third party and then send the cards out to the customer.
"We Make A Difference" provides the Site which enables Subscribers to purchase Merchant Offerings from Merchants.
Merchant Offerings purchased by Subscribers from Merchants via the Site will be subject to the terms and conditions imposed by the Merchant.
"We Make A Difference" also offers e-gift-card to Gold Members which can be purchased from us and redeemed with the relevant Merchant. Redemption of an e-card will be subject to the terms and conditions imposed by the Merchant.
"We Make A Difference" is independent from all Merchants and is not responsible for any sales, claims, support or any other issue arising out of or in connection with the purchase of any Merchant Offerings through the Site or the redemption of e-gift-card.
Other than as expressly set out in these Terms, we do not sell, supply or otherwise provide Merchant Offerings for purchase.
"We Make A Difference" does not endorse any Merchant or Merchant Offering by making them available on or through the Site.
"We Make A Difference" will provide the Site only, enabling:
A)Subscribers to purchase Merchant Offerings from Merchants and;
B)Gold Members to purchase e-gift-card from "We Make A Difference".
In providing the Site, we willexercise reasonable care and skill in performing ourobligations;
Your access to the Site may be restricted from time to time to allow for repairs, maintenance or the introduction of new facilities or services to the Site.
We make no representation or warranty as to the accuracy or fitness for purpose of any Merchant Offering or that any Merchant will honor or acknowledge any such Merchant Offering.
We are not responsible for updating or changing the information provided by Merchants, including information relating to pricing, availability, or fitness for purpose of Merchant Offerings.
We may not, and have no obligation to, review any material on the Site or made available through the Site.
You must be 18 years of age or over to become a Subscriber.
You must comply with these Terms and all applicable laws and regulations.
"We Make A Difference" hereby grants you a limited, personal, non-exclusive, non-commercial, non-transferable licence to access and use the Site for your personal use and enjoyment in the manner permitted by these Terms.
You must not attempt or engage in potentially harmful acts that are directed against us or the Site including:
A)sharing your password or login with any other person or causing, allowing or assisting any other person to impersonate you;
B) logging onto an Account that you are not authorised to access;
C) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity;
D) emulating or faking usage of the Site;
E) violating or attempting to violate any security features of the Site;
F) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site or for data mining or automated data submission;
G) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Site;
H) interfering or attempting to interfere with the use of the Site by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Site;
I) causing, allowing or assisting machines, bots, or automated services to access or use the Site without our express written permission;
J) tampering with the operation, functionality, or the security of any part of the Site;
K) attempting to override or circumvent any security or usage rules embedded into the Site that permit digital materials to be protected or any other technological measures;
L) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breach any security or authentication measures;
M) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Site;
N) accessing the Site through unauthorised connections;
O) harvesting or collecting email addresses, other contact information, or other personally identifiable information of other users or clients from the Site by electronic or other means;
P) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Site;
Q) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Site;
R) deep-linking to any portion of this Site without our express written permission;
S) acting illegally or maliciously against our business interests or reputation;
T) hyperlinking to the Site from any other website without our initial and ongoing consent;
U) using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with We Make A Difference, including using the Site or any of its contents, in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited commercial messages;
V) reselling or repurposing your access to the Site or any purchases made through the Site; or
W) using the Site or any of its resources to solicit other users of the Site, Merchants or our affiliates to become users or partners of other online or offline service directly or indirectly competitive or potentially competitive with us, including aggregating current or previous Merchant Offerings.
You agree and acknowledge that
A) ) it is your responsibility to ensure that any Merchant Offerings or information presented, displayed or otherwise available on the Site meet your specific needs;
B) the description of Merchant Offerings on the Site has been provided by Merchants;
C) it is your obligation to determine the fitness for purpose, quality, safety, use ability or any other aspect of the Merchant Offerings; and
D) information on the Site relating to health products or services is for informational purposes only and is not, and not intended to be, a substitute for professional advice, diagnosis or treatment.
You must not purchase any Merchant Offering that you would otherwise be prohibited or restricted by law or regulation from purchasing.
4.7 You grant to We Make A Difference an irrevocable, royalty-free licence to use any feedback, suggestions, ideas or other information you provide regarding the Site and you agree not to enforce any moral rights you have in relation to such information.
You acknowledge and agree to indemnify us and our officers, employees, contractors and agents from any claim or demand made by any third party arising out of:
A) your use of the Site;
B) your violation of the Terms;
C) yourinfringement of any intellectual property or other right of any person or entity; or
D) your purchase of any Merchant Offerings via the Site.
To purchase Merchant Offerings via the Site, you must become a Subscriber by creating an Account.
A Subscriber may become a Gold Member by paying a fee.
You must:
A) provide valid, accurate, current, and completeinformation when creating an Account or otherwise interacting with us;
B) maintain the security of any logins, passwords or other credentials that you select or that are provided to you for use on the Site;
C) maintain and update your Account as appropriate; and
D) notify us immediately of any unauthorised use of your account.
At its absolute discretion, we may refuse to allow any person to register or create an Account or suspend any existing Account.
All information provided by you in creating an Account will be kept by us in accordance with the Privacy Policy.
You must be a Gold Member to purchase ane-card.
We expressly reserve the right to reject your purchase of ane-card if we reasonably suspect that you have committed or may be committing any fraud against us or a Merchant.
Unless expressly stated otherwise, you agree and acknowledge that:
A) your purchase of an e-card cannot be cancelled and is non-refundable;
B) the e-card can only be redeemed with the Merchant;
C) you must follow the redemption instructions associated with the e-card (which may be specified by the Merchant) when you redeem the e-card;
D) your use of the e-card will be subject to the terms and conditions imposed by the Merchant; and
E) you will be bound by the terms and conditions of the Merchant in redeeming the e-card for Merchant Offerings.
By using the Site, you agree and acknowledge that:
A) the Merchant is the seller, supplier and/or provider of the Merchant Offerings;
B) by purchasing any Merchant Offering, including on e-card, you are entering into a separate contract with the Merchant on that Merchant's terms and conditions;
C) "We Make A Difference" accepts no liability for any aspect of your interaction with a Merchant, including your purchase of Merchant Offerings or redemption of e-gift-card;
D) "We Make A Difference" makes no representation or warranty that any information or material provided on the Site, including information regarding the Merchant Offerings or any discounts offered by Merchants, is reliable, accurate, or complete
E) you have conducted your own research and enquiries regarding information or material provided on the Site, including information regarding the Merchant Offerings offered by Merchants or the use of e-gift-card;
F) under no circumstance is "We Make A Difference" responsible for delivery, support or provision of the Merchant Offerings; and
G) under no circumstance is "We Make A Difference" acting as the agent of a Merchant.
Except for liability in relation to breach of a Non-excludable Condition, to the extent permitted by law "We Make A Difference" specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between you and Merchants.
Except for liability in relation to breach of a Non-excludable Condition, to the extent permitted by law, "We Make A Difference" specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any inaccuracies, misrepresentations or other information provided by a Merchant. To the extent that "We Make A Difference" does have any liability to you (other than in relation to a Non-excludable Condition) our liability to you is limited to $100.
Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, "We Make A Difference"is not liable for any Consequential Loss arising out of or in any way connected with use of the Site.
Our liability to you for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of:
A) resupplying, replacing or repairing goods in respect of which the breach occurred; or
B) supplying again the services in respect of which the breach occurred; or
C) the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, the cost of supplying again the services in respect of which the breach occurred
We may modify theseTerms from time to time by sending you anotification of any changes to the email address or contact number specified in your Account, or by otherwise advising you of the modifications on the Site.
The changes will automatically be effective 30 days after they are initially notified to you or published on the Site.
If you do not agree with the changes, you must stop using the Site.
Either you or we may terminate your Account at any time for any reason.
Termination of your Account does not affect any contract which has been formed between you and a Merchant.
If your Account is terminated for any reason then:
A) you may not create any further accounts with us without ourpermission; and
B) we may terminate any other Accounts you operate.
Except as stated otherwise, any notices:
A) from you to We Make A Difference must be given by ordinary post or email to our contact address displayed on the Site; and
B) from "We Make A Difference" to you must be given by email sent to the email address registered through your Account.
Any notice shall be deemed given:
A) if sent by email, when the sender receives an automated message confirming delivery, or four hours after the time the email is sent (as recorded on the device from which the sender sent the email) unless the sender receives an automated message that the email has not been delivered within this four-hour period, whichever occurs first; and
B) if sent by pre-paid post, three business days after the date of posting, or on the seventh business day after the date of posting if sent to or posted from outside Australia.
Notices related to performance of any service or obligation of a Merchant must be delivered to such Merchant in accordance with the Merchant's terms and conditions.
This Agreement is governed by the laws of New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
A failure, delay or omission by us to enforce or require strict compliance with the Terms will not affect or impair that provision in any way or our rights to seek any remedies it may have in respect of enforcing the Terms.
We will not be liable for failing to comply with the Terms if the failure results from any Force Majeure Event.
The provisions of these Terms are severable, and if any provision of theseTerms is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
Definitions: In this Agreement, the following capitalised terms have their associated meanings unless the contrary intention appears.
Account: means your "We Make A Difference" account required to access the Site.
Consequential Loss : meansyourWe Make A Difference account required to access the Site.
A) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
B) which is a loss of opportunity or goodwill, profits, anticipated savings or business, data, or the value of any equipment.
E-card: means an instrument, in either physical or electronic form, which entitles the holder of such to receive Merchant Offerings from the relevant Merchant for a specified period of time.
Force Majeure Event: means any event or circumstance or combination of events or circumstances, beyond the control of "We Make A Difference".
Gold Member : means a Subscriber that has upgraded their membership by paying a fee.
Merchant: means each of the third-party vendors, stores and other businesses that are displayed on the Site as offering Merchant Offerings for purchase, but excludes "We Make A Difference".
Non-excludable Condition: means any implied condition, warranty or guarantee (including under the Australian Consumer Law) in a contract, the exclusion of which would contravene the law or cause any part of the Terms to be void.
Subscriber(you or your):means a Userwho has created an Account.
Privacy Policy: means the privacy policy of "We Make A Difference"
User means a person who accesses or uses the Site, including as a Subscriber or a Gold Member.
We Make A Difference(we, our, or us) means We Make A Difference Pty LtdACN 626 022 624.
In these Terms, except where the context otherwise requires:
A) reference to:
i) the singular includes the plural and vice versa;
ii) another grammatical form of a defined word or expression has a corresponding meaning;
iii) a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
iv) A$, $A, dollar or $ is to Australian currency;
v) time is to the time in New South Wales, Australia;
B) a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity;
C) a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
D) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
E) headings are for ease of reference only and do not affect interpretation; and
F) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of these Terms or any part of them.