Terms of Service

  1. Sculpt Sisters website terms and conditions of registration
      1. The Sculpt Sisters business including this Website is owned and operated by Sculpt Sisters Pty Ltd ACN 605 271 690 of Level 20, 1 Market Street, Sydney in the State of New South Wales (Sculpt Sisters, we, us, our).
      2. By clicking “I accept”, you agree to be personally bound by these terms and conditions, for yourself or on behalf of a minor if you are registering on behalf of a minor.
      3. These terms may be revised from time to time, your continued use of this site after any revision to these terms and conditions confirms your further agreement to be bound by any modified terms.
      4. If you, or a user on whose behalf you register (including a minor), breaches these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, without refund, and take appropriate legal action (if we choose) against you. Further you acknowledge that Sculpt Sisters is entitled to suspend or terminate your use of the Website or membership at any time if Sculpt Sisters considers that you have brought, or may bring, the reputation of Sculpt Sisters or its members into disrepute.
  2. Conditions of use of site
    1. Password Access
      1. On our receipt of payment of fees for the service, we will issue a password to access the site. 
      2. The password is issued to you and is not transferrable.
      3. Passwords will be disabled if you late in paying fees or are otherwise in default of these terms of service.
      4. If you provide the password to anyone else to access our service, we may terminate or suspend your account.
    2. Seek advice from medical professional
      1. Before beginning any fitness regime, you should consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you.
      2. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury
      3. You must immediately seek medical attention if there are any unexpected and or unanticipated changes to your physical condition at any time.
      4. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes.
      5. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.
      6. To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material available on the Website.
  3. Payment and refunds
      1. Orders are subject to acceptance by us. Acceptance and continued access to our service is always subject to payment first being made by you. We reserve the right to terminate or suspend your access to our service if you are not up to date with any payment plan that may be offered.
      2. We expect that we will use PayPal payment gateway or a similar service for most financial transactions. If we are not able to access your credit card or other financial details you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.
      3. Our subscription fee and other charges are GST inclusive. The receipt of payment that we issue to you will be a tax invoice in accordance with applicable legislative requirements relating to GST.
      4. All fees are non-cancellable and are not refundable.
      5. You will not be able to terminate your subscription prior to the end of the subscribed term,. If you have chosen to pay the subscription fee in instalments, you acknowledge that your account will continue to be debited until the end of the subscribed term.
  4. Nutritional information
      1. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances.
      2. Neither Sculpt Sisters or any third party provider of nutritional information on the Website gives any warranty that the information is free from error or suitable for your requirements or purposes.
  5. Fitness Level
      1. You require a moderate level of fitness to follow the exercise programs and the like set out in our information service.
      2. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs.
      3. The information provided by Sculpt Sisters Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
      4. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime.
  6. Quality of the Website
      1. We do not promise that the Website will be error-free or uninterrupted. The Website and its content are delivered on an “as-is” and “as-available” basis.
      2. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features.
      3. Receipt of emails, or other Internet based communications such as via Face book or Twitter from us cannot be guaranteed.
  7. Third Party Content
      1. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from the products or services including acts, omissions and conduct of any third party users of the Website, other members, other contributors to the Website, and advertisers or sponsors..
      2. We make no warranty or guarantee as to the accuracy or completeness of any third party content on our website.
      3. You may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Program Administrator at [insert web address].. We may investigate the claim and take appropriate action, in our sole discretion.
  8. Non Sculpt Sisters services
      1. Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website, or its associated forums, without written consent from the Sculpt Sisters.
      2. In particular you are not permitted to advertise or contact other users of our service for any commercial purpose without our prior written permission.
  9. Security of Information

No data transmission over the Internet can be guaranteed as totally secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

  1. Limitation of liability

To the extent permitted by law, we limit our labiality to you for any damages caused by your access and use of our service to fees you have actually paid to us over the prior twelve (12) months.

  1. Terms Implied by Law
      1. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:
        1. if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or
        2. if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services. 
  2. Intellectual Property
      1. Unless otherwise indicated and except for any functionalities provided by external websites, copyright in this Website (including its content, materials, recipes, exercise programs, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. All rights are reserved by us.
      2. All names, logos and trade marks on this Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.
      3. We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use and print this Website and its content solely for your personal, non-commercial purposes and only for those purposes. Otherwise, to the extent allowed by law, no part of this Website may be reproduced, reused, retransmitted, adapted, published, broadcast or distributed without our prior written permission.
      4. You may not use any content supplied on our site for your commercial purposes. Our content may not be resold, repackaged or re-supplied to third parties in any manner.
  3. User-generated content
      1. This Website may allow you to post information, photos, content, user submissions and/or upload materials to the Website, whether through external websites or otherwise (User Content) and may also allow you to see User Content submitted by other persons.
      2. By posting, submitting, updating, modifying, transmitting or otherwise making available any User Content on this Website:
        1. you warrant that you independently created or otherwise have all the necessary rights and permissions needed to submit User Content to the Website;
        2. you grant to us a royalty-free, non-exclusive irrevocable, perpetual and world-wide licence of the intellectual property rights in the User Content to use, modify, copy, sub-licence, distribute, reproduce, adapt, transmit, publish and/or broadcast, publicly perform, communicate and display in any manner and by any means which we may determine;
        3. you must ensure, and warrant, that your User Content, and the licence that you grant to us does not infringe the rights (including intellectual property rights, privacy and reputation) of any other person, and you agree to indemnify us against any third party claims arising from your use of the Website; and
        4. We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).
      3. Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.
      4. If you believe that your rights have been infringed by any other User Content, or wish to report any User Content that does not comply with these terms, please contact our administrator at [insert web address].
  4. Permitted Use

We prohibit the use of this Website and any of its functionalities, features and content in any manner other than as expressly allowed by us in these terms. With respect to your use of or participation in any interactive facility on the Website, you acknowledge and agree that:

      1. you are legally responsible for all User Content you submit;
      2. under no circumstances will you post any material, or engage in any behaviour, that is, or could reasonably be taken to be, predatory or intimidating, or in any way designed to solicit identifying information from anyone under the age of 18 years;
      3. we may notify and/or cooperate with any authorities and law enforcement agencies in relation to any of your activities in connection with the Website, including providing any and all information about you held by us (whether of a personal nature or otherwise), to those entities;
      4. you will not:
        1. exploit the Website for your own commercial or unlawful purposes or the commercial or unlawful purposes of any other person (including the posting of advertisements, solicitors, promotional materials, “spam” or any other materials that are contrary to our commercial or lawful interests);
        2. provide access or links to any material (including links to peer to peer network “trackers”) which may infringe the intellectual property rights of another person;
        3. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;
        4. bypass (or attempt to bypass) any security mechanisms imposed by the Website;
        5. harvest or collect email addresses, photographs or personal information of other users;
        6. impersonate any person or entity;
        7. post or transmit false or misleading material or make any form of misleading or deceptive representation;
        8. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material;
        9. delete or alter or attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website; and
        10. at our request you agree to do all things necessary and desirable, either to give effect to these terms or to help us comply with all regulatory directions and obligations.
  1. Severance & Termination
      1. Sculpt Sisters may in its sole and absolute discretion refuse registration, or suspend or terminate membership at any time and for any reason, subject to a valid pro-rata refund of fees.
      2. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.
  2. Survival

The terms underneath the following headings survive the termination and expiry of this agreement: “disclaimer”, “limitation of liability”, “indemnity”, “intellectual property” and “user-generated content”.

  1. Governing Law

These terms are governed by the laws in force in New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of that jurisdiction, and courts hearing appeals from those courts.