Terms of Use

Terms of Use

TERMS OF USE

 

These Terms of Use are effective as of 18th November 2021.

 

These Terms of Use and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the “Terms of Use”) apply to your use of (and subscription to) the Find Your Balance website and or other products or services, all of which are part of Find Your Balance’s platform (the “Platform”).

 

These Terms of Use are entered into by and between you as a user (referred to as “User”, “you” or “your”) and Find Your Balance Pty Ltd (ABN 67 641 507 986) and its affiliates (referred to as “Find Your Balance”, “we”,“us”or “our”), and supersede and replace any terms and conditions of services that you may have previously agreed with Find Your Balance in connection with the Platform.



1.           Consent

1.1. Your access to and use of the Platform constitutes your agreement to be bound by these Terms of Use.

The offering of the Platform to you is conditional on your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not access or use the Platform. For more details about Find Your Balance’s privacy practices, please refer to our Privacy Policy available at our website: https://findyourbalance.app/privacy-policy/ 



2.              User

2.1. Eligibility

By accessing or using the Platform, you confirm that you are of legal age in your country and not under 18 years old, or that you have consent from your parent or guardian, you or your guardian have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.

 

2.2. User Account Creation

To use the Platform, you will need to create an account (“User Account”) You must provide basic information when registering for a User Account including name, email address, and location and you must choose a password. You will also be required to fill out a health assessment questionnaire to allow us to customise our Program for you.

 

You must provide accurate, current and complete information during the registration process and you must update such information to keep it accurate, current and complete.

 

You are responsible for keeping your User Account details and your password confidential and you will be liable for all activity on your User Account, including purchases made using your Account details, whether or not you authorised such activities or actions.

 

You will immediately notify us of any unauthorised use of your User Account.

 

Find Your Balance may, at its sole discretion:

2.2.1. stipulate additional conditions and requirements for the opening or maintaining of a User Account; and/or

2.2.2. refuse to create a User Account for you.

 

2.3. Account Security

You will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account and any other actions in relation to the User Account (with or without your permission). We are not responsible for any loss or activity that results from the unauthorised use of your account due to your failure to secure your access credentials.

 

You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your Account. You must immediately notify Find Your Balance in writing at info@findyourbalance.app of any unauthorised use of your User Account or any other breaches of security.

 

2.4. Account Suspension and termination

We will have the right to suspend access or to terminate your User Account, at any time and for any reason (including where you are in breach of any of the provisions in this Term of Use), subject to Applicable Laws.

 

You acknowledge and agree that these Terms of Use continue to apply even after your User Account expires or is terminated, or where you have stopped using the Platform.



3.              Subscription Service

 

3.1. Subscription

You can choose to subscribe to the Platform and the applicable fees are set forth on our website (https://findyourbalance.app/coaching/). 

 

Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts.

 

We reserve the right to revise and update the applicable fees for subscriptions, and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.

 

3.2. Minimum subscription period

On initial subscription it is mandatory that you commit to a minimum of 8 weeks. During this period you will not be eligible for a subscription termination / cancellation due to change of mind.

 

On reactivation of a subscription, following a period of inactive membership, it is mandatory you again commit to a minimum of 8 weeks. During this period you will not be eligible for a subscription termination / cancellation due to change of mind.

 

3.3. Free trials

Find Your Balance does not offer free trials to users. In the future we may provide a free trial subscription for a fixed period of time, this will be determined by Find Your Balance at its sole discretion.

 

3.4. Cooling Off Periods

Find Your Balance does not offer a cooling off period to users. In the future we may provide a cooling off period at the commencement of a subscription, this will be determined by Find Your Balance at its sole discretion.

 

3.5. Payment details

Fees for your subscription are paid by Direct Debit using a valid debit or credit card. Payments are collected via an integration with third party payment provider Stripe (https://stripe.com/au/payments) in accordance with the payment schedule assigned to your subscription. 

 

Fees for your challenge subscription can be paid by Direct Debit using a valid debit or credit card or Afterpay. Payments are collected via an integration with third party payment provider Stripe (https://stripe.com/au/payments) in accordance with the payment schedule assigned to your challenge subscription. 

 

3.6. Setting up a valid payment method

When you purchase a subscription and set up your User Account, you must provide us with complete and accurate payment information. Should your payment details change you must notify us immediately by updating your valid card details through your User Account (https://dashboard.findyourbalance.app/settings#/payment-method).

 

3.7. Foreign Currency & International Fees

Your subscription is payable in Australian Dollars (AUD), the price of your subscription may differ depending on your country of residence, this will vary due to exchange rates at time of payment collection.

 

Certain banks and credit card issuers may charge a foreign transaction fee on transactions. You are responsible for paying any such fees.

 

3.8. Direct Debit

By accepting these terms, you:

3.8.1. request and authorise us to debit funds from your provided card; and


3.8.2. confirm that you are authorised to operate the nominated card / account; and


3.8.3. acknowledge and agree that the debit or charge will be processed by Find Your Balance’s financial institution and Payment processing provider (Stripe); and


3.8.4 acknowledge that the amount to be debited consists of fees (as set out in the relevant terms and conditions and on the Find Your Balance website, which may change from time to time with prior notice to you increase periodically).

 

If your direct debit day falls on a day that is not a banking day, we may direct your financial institution to debit your account on the following banking day. If you are unsure about which day your account has or will be debited you should ask your financial institution.

 

We may vary any details related to your direct debit at any time by giving you at least fourteen (14) days written notice.

 

3.9. Automatic renewal of subscription

Your subscription will automatically renew unless you provide notice to cancel at least seven (7) days before the end of the current billing period.

 

3.10. Subscription payment holds

Your subscription can be placed on hold for up to four (4) weeks. A request must be made via email or your support chat giving no less than 7 days’ written notice.

 

We can put your Subscription on hold for a maximum of a single continuous 4-week period in any twelve (12) month period where we provide the Program to you.

 

During the Hold, we will not provide the Program to you and you will not be required to pay us the Subscription fee. A hold will only be granted after the minimum commitment term (subscription period) has been met.

 

During a Hold period you will not have access to the self-tracking features of the Find Your Balance platform, however you will retain visibility of your user history. 

 

3.11. Cancellation and refund of subscription fees

Following the minimum commitment term (subscription period), you may cancel your subscription at any time by submitting a cancellation notice via email or your support chat. You will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.

 

Once cancellation of your subscription has been processed, you will no longer have access to the Find Your Balance platform, however you will retain visibility of your results submitted whilst being an active subscriber i.e. measurements and progress photos.

 

3.12. Payment queries

You should check your bank account statement to verify that the amounts debited from your account are correct. If you believe that there has been an error in debiting your account, you should notify us directly by emailing us at info@findyourbalance.app. Alternatively, you can contact your financial institution for assistance.

 

If we conclude as a result of our investigations that your account has been incorrectly debited we will respond to your query by arranging within a reasonable period for your financial institution to adjust your account accordingly. We will also notify you in writing of the amount by which your account has been adjusted.

 

If we conclude as a result of our investigations that your account has not been incorrectly debited we will respond to your query by providing you with reasons and any evidence for this finding in writing.

 

You should check:

3.12.1. with your financial institution whether direct debiting is available from your account as direct debiting is not available on all accounts offered by financial institutions.


3.12.2. your account details which you have provided to us are correct by checking them against a recent account statement; and


3.12.3. with your financial institution before completing the Direct Debit Request if you have any queries about how to complete the Direct Debit Request.



4.              Use of the platform

 

4.1. Our Platform is for your personal use only

We’ve designed our Platform for you to use it personally, and not on a commercial basis. You must not use our Platform, or any of our Content, for your commercial purposes, including, for example, to advertise your own business or for any other revenue generation activity.

 

4.2. Competitors are excluded from using our Platform

You are prohibited from using our Platform, including our Content, in any way that competes with our business.

 

4.3. By using the Platform, you confirm that you will not use the Platform for any of the following:

4.3.1. Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes or disseminates any illegal or unlawful material or information; or (iii) otherwise violates, or could possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which Find Your Balance or the User are bound in any jurisdiction applicable to the access and use of the Platform (“Applicable Laws”).


4.3.2. Unauthorised Use
– any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.


4.3.3. Abusive Acts
– any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance or violent acts towards any other person; or (iii) harvests or otherwise collects information from the Platform about other Users including addresses, phone numbers, email addresses and credit card details.


4.3.4. Fraud
– any act that: (i) attempts to defraud us or any other person; or (ii) provides false, inaccurate or misleading information to us.

 

4.4 Contributed Content

4.4.1. You are solely responsible for all content or materials that you submit or otherwise upload to or through the Platform or to us (including any information contributed as part of check-in, or shared by you in respect to forum discussions or support chats, and any comments, feedback or ideas that you send to us) (“Contributed Content”) and expressly agree not to submit or upload any Contributed Content which:

4.4.1.1 contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;
4.4.1.2. you know not to be true and honest, or which spreads false or misleading statements;

4.4.1.3. you do not have the right to submit or upload, including where the content may infringe any Intellectual Property Rights of any party;
4.4.1.4. impersonates any person or entity or otherwise associates, infers or misrepresents the User’s affiliation with a person or entity;
4.4.1.5. contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;
4.4.1.6. contains, or links to, viruses, corrupted data or other harmful, disruptive or destructive files;
4.4.1.7. constitutes unsolicited promotions, campaigning, advertising or solicitations, or other types of content which constitute “spam”;
4.4.1.8. may expose us or other Users to any harm or liability of any kind;
4.4.1.9. is contrary to any Applicable Laws.

 

4.4.2. We have the right, but not the obligation, to monitor all conduct and content submitted to or through the Platform, and may in its sole discretion: (i) refuse to publish, remove or disable access to Contributed Content that it considers breaches these Terms of Use; or (ii) suspend or discontinue your opportunity to submit, post or upload content to the Platform

 

4.4.3. If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to our team at info@findyourbalance.app.



5.              Availability of Services, Security

 

5.1. Platform Availability

We shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads or events outside of our control. We will use commercially reasonable efforts to avoid downtime of the Platform, but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.

 

5.2. Antivirus

You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.

 

5.3. Technical liability

You acknowledge and agree that we shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your own hardware; or (c) any fees you may incur in order to connect to the internet for the purpose of using or accessing the Platform.

 

5.4. Notification

You must immediately notify us at info@findyourbalance.app in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.



6.              Intellectual Property, Use Licence

 

6.1. Our ownership of the Platform

All of the patents, trademarks, logos, trading names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, “Intellectual Property Rights”) in the Platform and the material published on and through it (except the Contributed Content) are owned by us, our licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights.

 

6.2. User’s licence to use Platform.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.



7.              Third party services and content

Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites.

 

Your dealings or correspondence with such third parties are solely between you and the third party. We’re not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.



8.              Changes And Updates To Platform, Terms Of Use

 

8.1. If we discontinue our Platform

We may, at any time and without notice to you, discontinue our Platform, in whole or in part. We may also exclude any person from using our Platform, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

 

8.2. Changes to Terms of Use

We may, at any time and at our discretion, vary these Terms by publishing the varied terms on our Platform. We recommend you check our Platform regularly to ensure you are aware of our current terms. Materials and information on this Platform (Content) are subject to change without notice. We do not undertake to keep our Platform up-to-date and we are not liable if any Content is inaccurate or out-of-date.



9.              Complaints, Governing Law and Dispute Resolution

 

9.1. Complaints & Concerns

If you would like to give us feedback, please contact us – we appreciate your input. In the event of any dispute arising from, or in connection with, these Terms (Dispute), the party claiming there is a Dispute must give written notice to the other party setting out the details of the Dispute and proposing a resolution. Within 7 days after receiving the notice, the parties must, by their senior executives or senior managers (who have the authority to reach a resolution on behalf of the party), meet at least once to attempt to resolve the Dispute or agree on the method of resolving the Dispute by other means, in good faith. All aspects of every such conference, except the fact of the occurrence of the conference, will be privileged. If the parties do not resolve the Dispute, or (if the Dispute is not resolved) agree on an alternate method to resolve the Dispute, within 21 days after receipt of the notice, the Dispute may be referred by either party (by notice in writing to the other party) to litigation.

 

9.2. Governing Law

Your use of our Platform and these Terms are governed by the laws of Queensland. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

 

Our Platform may be accessed throughout Australia and overseas. We make no representation that our Platform complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Platform from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Platform.

 

10.           General

 

10.1. Data Privacy

We will only use your personal information as set out in our Privacy Policy (as amended from time to time) this is available on our website: https://findyourbalance.app/privacy-policy/ 

 

10.2. Terminating these Terms

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

 

Find Your Balance COMMUNITY GROUP GUIDELINES ADDENDUM

The Find Your Balance Family Facebook Community Group is exclusive to our active community and we hope it becomes a place that connects, inspires and motivates you in your body transformation!

 

We encourage users to post content that is helpful to others throughout their journey! As much as we want this to be a place for freely discussing all things body transformation, we do want to respect the privacy and experience of each other and ensure there’s no issues or confusion, we have a few simple guidelines we ask all users to adhere to. These guidelines form part of the Terms of Use.Please also refer to our Privacy Policy.

 

General Rules

1.     Always be polite and respectful towards others

2.     Do not share or discuss your individual calories/macros and meal plan – remember each of you have different needs that are unique and customised to you, while some may be similar, not all are created alike.

3.     Do not screen shot or swap plans on the page, again, your plan is made only for you!

4.     No swearing or abusive language.

5.     No bullying/harassment, malicious comments, negativity or putting each other down – we want this community to be inspiring and uplifting; do not use it as a place for sharing negative views which can impact another’s journey.

6.     No self promotion or business advertisements – keep it relevant.

7.     Overall feel free to ask one another about macro friendly meals and recipes, motivate one another, share your wins and progress!

 

If you find a post that you feel violates these guidelines, please flag it by reporting the comment to a member of the Find Your Balance team at info@findyourbalance.app. 

 

If you are found to violate or break any of these guidelines, or for cases where we deem appropriate, we may delete your posts in the page and/or suspend your access to the Community Group for a period of time or indefinitely, this decision will be made at our sole discretion.

 

For any questions and notices, please contact us at:

Find Your Balance Pty Ltd (ABN 67 641 507 986)

Email: info@findyourbalance.app

 

Last update: 18 November 2021

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