Terms of Use
1. Background
(a) The following Terms of Use relate to the use of Soph Active Life’s Website, together with the purchase of any Products or associated services featured on the Website and Store.
(b) The Website and Store are hosted by Squarespace Ireland Limited (“Squarespace”).
(c) Shopify provide us with an online e-commerce platform that allows us to sell the Products.
(d) These Terms of Use constitute an agreement between Soph Active Life, the owner and operator of the Website and Store, and you, a user of the Website or Store and/or purchaser of any Products.
(e) By accessing, browsing or using this Website or Store, or purchasing any Products, you agree to these Terms of Use.
(f) If you do not agree to any of these Terms of Use, then you must not access or use the Website or the Store.
(g) By continuing to access the Website and Store, you are agreeing to these Terms of Use and are representing that you have understood and agreed to these Terms of Use.
2. Interpretation
(a) In these Terms of Use, unless stated otherwise, the following terms have the following definition:
(i) “Australia Consumer Law” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
(ii)“Electronic Products” means the electronic goods for purchase on the Website and/or the Store including but not limited to ebooks, mobile applications, video content and PDF downloads;
(iii) “Intellectual Property” means all present and future rights conferred by statute, common law or equity and vested in a person, whether by virtue of that person being a registered owner, assignee or an exclusive licensee, in or in relation to any copyright, trade marks, designs, patents, circuit layouts, business and domain names, inventions, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, but does not include Moral Rights;
(iv) “Physical Products” means the physical goods advertised for purchase on the Website and/or the Store from time to time including but not limited to clothing, equipment and consumables;
(v) “Products” means Electronic Products and Physical Products collectively;
(vi) “Soph Active Life” means Soph Active Life Pty Ltd (ACN 629 183 606) and “us”, “we” and “our” carries the same meaning;
(vii) “Store” means the online store located on the Website;
(viii) “Termination Date” means the date either party notifies the other party that the these Terms of Use are terminated;
(ix) “Terms of Use” means these Terms of Use as amended from time to time;
(x) “Website” means this website located at http://www.sophactivelife.com;
(xi) “You” means you, the person accessing the Website and Store, and “your” carries the same meaning.
(b) In this Agreement, unless the context requires otherwise:
(i) the singular includes the plural and vice versa;
(ii) a gender includes the other genders; and
(iii) the headings are used for convenience only and do not affect the interpretation of this Agreement.
3. Your Acknowledgement
(a) You acknowledge that some of your information, excluding your credit card information, may be transferred in an unencrypted formation and be:
(i) transmitted over various networks; and
(ii) changed to confirm and adapt to the technical requirements of connecting networks or devices.
Credit card information is always encrypted during a transfer over networks.
(b) You agree that you will not reproduce, duplicate, copy, sell, resell or exploit any of the Products or content contained on the Website or Store without our express written consent.
(c) All information provided in respect of exercise, fitness and nutrition is general in nature and you acknowledge that you are responsible for obtaining independent medical advice prior to commencing any exercise or nutritional program, engaging in any physical activity or changing your diet and you understand that engaging in any exercise or nutritional program is at your own risk.
(d) By agreeing to participate in any exercise activity you confirm you are in good physical condition and do not suffer from any injury, medical condition or disability and that you have sought independent medical advice if you have any pre-existing health concerns before commencing any exercise or nutritional program offered by us.
(e) You acknowledge that we are not certified personal trainers or qualified nutritionists or dieticians.
4. Website and Store Access
(a) By accessing the Store you represent that you are the age of majority in the respective state, territory, province, or country in which you reside or are a citizen (as applicable). If you are not of the age of majority for the respective state, territory, province or country in which you reside or are a citizen (as applicable), you represent that you have the consent of your parent or guardian to access the Website and Store. For the avoidance of doubt in Australia, the age of majority is eighteen (18) years of age.
(b) To the extent permitted by law, we reserve the right to:
(i) terminate your use of the Website and the Store at our absolute and complete discretion, including but not limited to for a breach of your use of the Website or Store;
(ii) to refuse to sell any Products to you at our absolute discretion; and
(iii) to limit service to any geographic region or jurisdiction at our absolute discretion.
5. Website and Store Content
(a) You are responsible for determining if any of the Product(s) you purchase are appropriate for your intended use.
(b) We do not warrant that the Product(s) you purchase will meet your expectations.
(c) All information provided on the Website and Store is for general information only and should not be relied on as the sole basis for making any decisions in respect of the Products. Any reliance of the general information provided on the Website or Store is at your risk.
(d) We make every effort to ensure the product descriptions are accurate and all images reflect the true colours of the Products. However, aspects out of our control, including but not limited to your computer, phone, or tablet display, may make the products appear differently to the true Product.
(e) The Products may have limited quantities.
(f) All Products, Product descriptions and images are subject to change without notice. We reserve the right to:
(i) update or amend the Website and Store content;
(ii) update or amend any Product or Products;
(iii) discontinue any Product or Products
(iv) update or amend pricing for any Product or Products;
and we will not be required to provide notice to you when we update such content.
(g) If any offer made on the Website or the Store is prohibited, it will become immediately void.
(h) There may be information on our Website or Store which may contain errors, inaccuracies, or omissions. Such errors may relate to Product descriptions, pricing, promotions, offers, Product postage information and charges, transit times and availability.
(i) We reserve the right to correct any errors, inaccuracies or omissions contained on the Website or Store and to cancel your order for any Product(s), if any information contained on the Website or Store contains any errors, inaccuracies or omissions.
(j) We do not undertake to keep our Website or Store updated.
(k) Responsibility for the content of advertisements appearing on our Website and Store (including any hyperlinks to advertisers’ own websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
6. Pricing
(a) All prices are in United States Dollars (“USD”), unless stated otherwise.
(b) All prices are inclusive of GST (where applicable).
(c) Pricing for the Products is subject to change without notice.
(d) You are responsible for any taxation, duty or levy that may be applicable to your order, including but not limited to, any taxation, duty or levy that relates to:
(i) the State, or Territory, or Country in which you reside, or are a citizen, or the Products are delivered to; or
(ii) the importation of the Products to the state, or territory, or country in which you reside, or a citizen of, or the Products are delivered to.
7. Orders
(a) Payment may be made by Stripe or PayPal.
(b) You agree to provide current, complete and accurate purchase and account information for all purchases of Products made through the Store.
(c) You agree to promptly update your account and other information, including your email address and credit card information, so that we can complete your transactions and contact you as required.
(d) To the extent permitted by law, all risk in the Products passes to you once the Products have been sent to you by either physical mail or electronic delivery (as applicable).
8. Physical Products
(a) Physical Products will be delivered by mail.
(b) Pricing is inclusive of postage.
(c) Return of any Physical Products may only occur in accordance with your rights under the Australian Consumer Law. Contact info@sophactivelife.com to discuss your return.
9. Electronic Products
(a) Electronic Products will be delivered by email and will contain a digital download link which will expire within twenty-four (24) hours of purchase.
(b) Due to the intangible nature of Electronic Products, return of Electronic Products is not permitted.
(c) Each Electronic Product purchased may only be used by you and not be shared with any other persons or entities.
(d) Sharing of Electronic Products is prohibited and may result in an infringement and we reserve the right to immediately deactivation your access to the Electronic Product if you share the Electronic Product with any other persons or entities.
10. Third Party Tools
(a) We may provide you with access to third party tools which we do not monitor or have any control over.
(b) You acknowledge and agree that we provide access to third party tools as they are available and provided by the provider of such third party tools.
(c) We make no representation or warranty as to the safety any third party tools. You are responsible for your own access of any third party tools.
11. Third Party Links
(a) Certain content, Products and services available on the Website and Store may include material from third parties.
(b) Through your use of the Website and Store you may be directed to third party websites that are not affiliated with us.
(c) We make no representation or warranty as to the safety of any third party website, material, products, or services of any third party. You are responsible for your own access of any third party website, material, product or service.
(d) We make no representation or undertaking to monitor any third party websites.
12. Feedback and Submissions
(a) You agree that if you post any content on our Website or Store, or deliver to us by any means, any content, including but not limited to, photos, transformative Photos of you, testimonials, creative ideas, suggestions, proposed plans, feedback, or other materials you agree and consent to us, at any time and without restriction, editing, copying, publishing, distributing, translating and otherwise using any material or comments you forward to us or post on our Website, Store or any of our social medial platforms for any purpose including but not limited to marketing.
(b) We are not obliged to:
(i) respond to you in respect of any material or comments provided to us;
(ii) maintain any material or comments in confidence; or
(iii) pay any compensation to you.
(c) We reserve the rights to remove any comments from our Website or Store.
(d) You must not use any fake email addresses or pretend to be someone other than yourself or mislead us in anyway.
(e) You are responsible for any comments you post and you undertake and represent that such material or comments do not infringe the Intellectual Property of any person or entity and we take no responsibility for any comments posted by you.
13. Privacy
(a) You acknowledge that Soph Active Life is required and permitted to collect personal information from you and any third parties in order for you to be provided with the Products.
(b) Soph Active Life will comply with all legal requirements of the Privacy Act 1988 (Cth) that are applicable to us, including the Australian Privacy Principles (if applicable), Notifiable Data Breaches (if applicable), as well as the European Union’s General Data Protection Regulation (if applicable).
14. Prohibited Use
(a) You must not access or use the Website or the Store or any of the content contained on the Website:
(i) in violations of these Terms of Use;
(ii) to violate any law or for any unlawful purpose;
(iii) to solicit others to perform or participate in any unlawful acts;
(iv) for any obscene or immoral action;
(v) to terrorise any person or group of persons or in any act of terror or terrorism;
(vi) to infringe on the Intellectual Property of any person or entity, including but not limited to Soph Active Life’s Intellectual Property rights;
(vii) to submit false or misleading information;
(viii) to harass, defame, abuse, insult, disparage, intimidate any person or entity;
(ix) to discriminate any person based on their gender, sexual orientation, religion ethnicity, race, age, nationality, disability or for any other reason;
(x) to upload or transmit any virus or any types of malicious code that may be used to cause damage, harm or impede the functionality of any website including but not limited to our Website or Store, or the internet;
(xi) to engage in any harmful action including but not limited to spamming or phishing;
(xii) to collect the personal information of any person; or
(xiii) to interfere with the security features of the Website or the Store, any related website, any other website or the internet.
(b) We reserve the right to terminate your use of the Website in our complete and unfettered discretion.
(c) You must take your own precautions to ensure that your use of the Website or Store does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your, or any other person or entities, computer system.
(d) Soph Active Life shall not be liable for, and accepts no responsibility for, any interference or damage to your own computer system which arises in connection with your use of the Website or Store, or any third party website.
15. Limitation of Liability
(a) To the extent permitted by law, particularly, under the Australian Consumer Law we shall not be liable, and do not assume any liability or responsibility for, any loss or damage suffered by you or any third party, whether directly or indirectly as a result of:
(i) your use of our Website or Store; or
(ii) your purchase, consumption or use of any of our Products.
(b) Soph Active Life, or any of our respective officers, directors, employees, agents, affiliates or assigns, or any party involved in the creation, production or transmission of our Website or Store, or sale of our Products be liable to you or any third party, for any direct, indirect, special, punitive, incidental or consequential damages arising out of the use, inability to use, or the results of use of our Website or Store, or purchase, consumption or use of our Products, or any websites linked to our Website or Store (including the materials, information or services contained on such sites) whether in contract or tort or regardless of being advised of the possibility of such damages.
(c) Without limited the generality of Clause 15(c), to the maximum extent permitted by law, Soph Active Life is not liable to you or any third party, for any direct, indirect, special, punitive, incidental or consequential damages or any injury or death suffered by you as a direct or indirect result of your or any third party’s engagement in any physical activity, exercise or alteration to diet that is suggested, recommend or advised on the Website, Store, or in the Products.
(d) We do not guarantee, represent or warrant that your use of the Website or Store will be secure, error free and uninterrupted.
(e) If there is any problem with our Website or Store or any content, you agree that your sole remedy is to cease using our Website or Store.
(f) If there is any defect with the Product(s) that you have purchased on or through our Website or Store:
(i) your remedies are as prescribed by Australian Consumer Law; and
(ii) to the extent permitted by law, our liability is limited to:
(a) the replacement of the Product; or
(b) refund to the value of that Product; or
(c) as otherwise prescribed by Australian Consumer Law.
(g) If the Products are goods not ordinarily acquired for personal, domestic or household use or consumption as defined in the Australian Consumer Law, our liability is limited to the re-supply of the Products or a refund of the cost of the Products.
(h) We are not liable to you or any third party for any loss suffered as a result of any changes to the Website and Store content in accordance with Clause 5.
(i) To the maximum extent permitted by law, Soph Active Life is not responsible for any information that is available on the Website or Store that is not accurate, complete or current.
(j) We are not liable for any loss, damage or harm suffered to you as a result of your access by any third party website, material, product or service. You are responsible to review any third party website material, product or service policies and practices before you engage in any transaction.
16. Waiver, Release and Indemnity
(a) You agree to indemnify and hold Soph Active Life, its agents and employees harmless from and against any actions, claims, demands, losses, damages, proceedings, compensation, costs, charges and expenses (including solicitor fees) incurred by or made against us (including by a third party) due to or arising out of or in connection with your use of our Website or Store, or purchase or use of any of the Products.
(b) Without limiting the generality of Clause 16(a) you further acknowledge:
(i) that physical exercise including the exercises outlined in our Products or provided on our Website may cause you injury, serious injury or death and you have elected to engage in such activity regardless of such risks; and
(ii) that varying diet and reducing or increasing calorie intake may cause illness, injury or death and you have elected to engage in such activity regardless of such risks; and
(iii) that any supplementation recommendations by us may cause illness, injury or death and you have elected to engage in such activity regardless of such risks,
and you agree, indemnify and release Soph Active Life, from and against any actions, claims, demands, losses, damages, proceedings, compensation, costs, charges and expenses (including solicitor fees) incurred by or made against us (including by a third party) due to or arising out of or in connection with your use of the Products and your engagement in any physical activity or variation to your diet, or any other activity suggested or contemplated through the Products or on the Website.
17. General
17.1. Jurisdiction
These Terms of Use are governed by and construed in accordance with the laws in force in the State of Victoria and any disputes relating to these Terms of Use will be subject to the non-exclusive jurisdiction of the courts of that state and the Commonwealth of Australia.
17.2. Termination Agreement
(a) The obligations and liabilities of the parties incurred prior to the Termination Date shall survive the termination of these Terms.
(b) These Terms of Use are effective unless terminated by us or you.
(c) You may terminate these Terms of Use by notifying us in writing.
(d) If in our sole discretion we suspect you have failed to comply with any of these terms contained in these Terms of Use, we may terminate these Terms of Use immediately without notice. You will remain liable for any amounts due.
17.3.Entire Agreement
(a) These Terms of Use constitute the entire agreement between Soph Active Life and you in relation to your use of the Website and the Store and they supersede all previous agreements in respect of your use of the Website and the Store.
(b) By using our Website or Store, and or placing any order for the Products, you are deemed to have accepted these Terms of Use.
(c) To the extent permitted by law, any error, inaccuracies or ambiguities in this Terms of Use shall be interpreted in favour of Soph Active Life.
17.4. Changes to Terms of Use
(a) We reserve the right, in our sole and complete discretion to update, amend, change or replace these Terms of Use or any aspect of these Terms of Use from time to time.
(b) Any amendment is effective immediately.
(c) You are responsible to check our Website or Store for changes to our Terms of Use.
(d) Your continued access and use of our Website or Store following any changes to the Terms of Use, will be deemed acceptance of any changes.
17.5. Severability
Any Clause in these Terms of Use which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of the Terms of Use or affecting the validity or enforceability of that clause in any other jurisdiction.
17.6. Questions
If you require any further information in respect of these Terms of Use, please contact Soph Active Life Team: info@sophactivelife.com