WEBSITE TERMS AND CONDITIONS OF USE
These Terms apply to the use of the Website, including the use of the Content, Services and or applications made available to you by, with or from the Website.
By accessing the Website, you agree to be bound by these Terms. If you do not accept these Terms, you are not permitted to continue to access or use the Website. These Terms must be read in conjunction with any other applicable terms and conditions of use governing the use of the Website.
1. DEFINITIONS
1.1 “The Aerial Body” means Lauren Veronica Mason trading as The Aerial Body (ABN 48 381 859 804) (also referred to herein as “we”, “us” or “our”);
1.2 “Content” means the written, visual and audio content including all information, data, text, graphics, images, sound files, software, advertisements and other material published on or made available through, from or on the Website or otherwise in connection with the Services;
1.3 “GST” means any applicable goods and services tax;
1.4 “Personal Information” means information or an opinion about an identified individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not;
1.5 “Service” means, to the extent made available through, from or on:
(a) the Website; or
(b) similar transmission or broadcast, including but not limited to, the online training sessions via YouTube, live sessions or sessions using any other service providers, supervised classes and open practice classes in aerial arts, yoga, and pilates classes provided and administered by us;
1.6 “Terms” means these terms and conditions of use;
1.7 “Website” means the website www.theaerialbody.com.au and any other websites on which these Terms appear; and
1.8 “you” means the person, jointly and severally if more than one, using the Website or purchasing or attending the Services.
2. APPLICATION OF THE TERMS
2.1 The Website is owned and operated by us.
2.2 Through the Website you:
(a) can access the Content
(b) can register for the Services; and
(c) may be able to access the or access the broadcast of the Services.
2.3 We may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on the Website. Your continued use of the Website after any amendment becomes effective will constitute your agreement to be bound by these Terms, as amended.
2.4 We reserve the right to vary or modify the Content, Services or other information contained on or available via the Website and to change or discontinue any feature or part of the Website, without notice and without liability.
2.5 If you violate the Terms, we may immediately terminate your right to use and access the Website and the Services without further notice.
3. USE OF WEBSITE
3.1 You must be 18 years of age or over to use this Website. If you are under the age of 18 years, you must discontinue your use of the Website immediately or you must have your parent/guardian’s permission to access and use the Website.
3.2 By continuing to access the Website at any time after the access of these Terms, you are warranting to us that you are 18 years of age, or older.
3.3 You must not use the Website or the Services in any manner or for any purpose that is:
(a) unlawful;
(b) violates any rights of The Aerial Body;
(c) prohibited by these Terms; or
(d) potentially detrimental to the image or reputation of The Aerial Body.
3.4 It is a condition of your use of and or access to the Website that you do NOT do any of the following:
(a) disrupt or interfere with in any way the Website or the Content;
(b) disrupt or interfere with in any way any server, software, hardware or equipment, operated by us or a third party, that is connected to or via the Website;
(c) violate any applicable law, statute, ordinance or regulation;
(d) distribute through the Website (or send to email addresses listed on this Website) any inappropriate communication in any form, including obscene, harassing, pornographic, abusive, slanderous, defamatory, vulgar, threatening or offensive material; or
(e) bypass any security mechanisms imposed by or utilised on the Website.
3.5 We reserve the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any use of the Website.
3.6 If you register for an account on the Website, or otherwise place an order for Services, you must:
(a) provide accurate, current and complete information as required;
(b) maintain the security of your login details and password; and
(c) maintain and update as necessary any information provided.
4. SERVICES
4.1 All requests for Services must be made in accordance with the procedure specified on the Website. The Services will be made available to you subject to the Terms.
4.2 Any fees quoted on the Website are subject to alteration without notice.
4.3 We reserve the right to accept or reject the requests for Services for any reason, including without limitation, the unavailability of the Services, an error in the price or an error in the request.
4.4 Payment of all fees must be made in accordance with any relevant process specified on the Website from time to time. We reserve the right to change the payment process without notice.
4.5 Where payments are processed using a platform operated by a third party, you must comply with the terms and conditions relating to the operation of the platform which will be notified to you separately.
5. SECURITY OF INFORMATION
5.1 No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure or guarantee the security of any information provided by you which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
5.2 Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
5.3 You acknowledge sole responsibility for and assume all risk arising from your use of the Website.
6. INTELLECTUAL PROPERTY
6.1 The Content and the Website, are and remain at all times the property of The Aerial Body and is protected by Australian and international copyright law.
6.2 The Content must only be used in accordance with the Terms and any additional terms and conditions specified by the licensors of the Content. In particular, you must not:
(a) download, republish, retransmit, reproduce or otherwise use any item of the Content as a stand-alone file;
(b) modify or otherwise make derivative works of the Website or the Content;
(c) remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
(d) use any data mining, robots or similar data gathering or extraction methods; nor
(e) use the Website or the Content for any purpose other than for its intended purpose.
6.3 All names, logos and trademarks used in the Website are the property of The Aerial Body or the relevant third parties who have contributed to the Website. Nothing on the Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of The Aerial Body.
7. HYPERLINKS AND MARKETPLACE
7.1 The Website may contain hyperlinks and other pointers to interested website operated by third parties (“Linked Sites”).
7.2 The Aerial Body does not sponsor or endorse the Linked Sites.
7.3 The Linked Sites are not under the control of The Aerial Body and The Aerial Body is not responsible for the availability, accuracy, legality or decency of material or copyright compliance of the Linked Sites or any hyperlink contained in a Linked Site.
7.4 You link to any Linked Site entirely at your own risk and The Aerial Body is in no way liable or responsible for any advertising, products or materials on or available from the Linked Sites.
7.5 The Aerial Body is not responsible or liable in any way for any loss or damage you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon a Linked Site.
8. USE AND RETENTION OF DATA
8.1 Our privacy policy can be accessed on the Website. It applies to all users and is incorporated into the Terms by reference. You should read the privacy policy before using any other feature of the Website.
8.2 The Aerial Body reserves the right to change the privacy policy from time to time. Please visit the Website regularly and check our current privacy policy.
9. DISCLAIMER
9.1 We do not warrant, guarantee or make any representation regarding the accuracy, adequacy, reliability, completeness or timeliness of the Content or that it is suitable for your intended use. The Content is provided by us in good faith on an “as is” basis without warranty of any kind.
9.2 We do not warrant or represent that the Content is free from human or mechanical error, technical inaccuracies or other typographical errors or defects. Your use of the Website, the Services and or the Content is at your own risk.
9.3 All warranties, representations and statutory guarantees and any liability which may arise in relation to your access to or use of the Website, the Services or the Content are expressly excluded to the maximum extent permitted by law.
9.4 To the extent permitted by law, we make no warranties, guarantees or representations that the material in the Content or the Services will not cause damage or that the material is free from any computer virus or other defects. It is your responsibility to complete a virus check on any Content accessed or downloaded.
9.5 We may update the Website from time to time, and may change the Content at any time. Please note that any of the Content on the Website may be out of date at any time, and we are under no obligation to update it.
9.6 Use of the Website and Services requires compatible devices, internet access and certain software and may require periodic updates. You agree that these requirements, which may change from time to time, are your responsibility.
9.7 You are solely liable and responsible for any third-party charges incurred by you in accessing and using the Website and Services, including in particular any network charges for fixed or mobile internet use.
9.8 We reserve the right to remove the Services which we offer on the Website with or without notice at any time. We will not be liable or responsible if for any reason any or all of the Services are unavailable at any time or for any period.
9.9 We do not warrant that the components of the Services are fit for purpose. It is your responsibility to satisfy yourself that the Services are suitable and fit for purpose prior to utilising the Services. We provide no warranty as to any results or outcomes associated with completing a Service.
10. LIMITATION OF LIABILITY
10.1 To the fullest extent permitted by law:
(a) we and any third parties mentioned on the Website are not liable for any loss or damage whatsoever (including without limitation, direct, indirect, incidental, special and/or consequential damages or lost profits) resulting from any use or access of, or any inability to use or access the Website, the services or any Content;
(b) we expressly exclude conditions and warranties implied by custom, law or statue; and
(c) our liability for breach of any condition or warranty that cannot be excluded by law is limited at our option to:
(i) the supply of the services again; or
(ii) the payment of the actual cost of having services or goods supplied again.
10.2 Notwithstanding the above, nothing in the Terms is to be interpreted as excluding, restricting or modifying the application of any state or federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified, or your rights or remedies against us for failure of a statutory guarantee under applicable law.
11. SPAM
11.1 The publication of The Aerial Body email addresses on the Website is to facilitate communications relating to the Website, Services and Content supplied by The Aerial Body. It must not be inferred as consent by The Aerial Body to receive unsolicited commercial electronic messages.
12. MAINTENANCE
12.1 The Aerial Body may cease making the Website, the services or any of the applications available at any time, for any reason, including to perform any required maintenance or implement any upgrades.
12.2 The Aerial Body will endeavour to provide you with reasonable notice of any scheduled maintenance but may not be able to provide notice in all circumstances.
13. MISCELLANEOUS
13.1 These Terms are governed by the laws of Queensland, Australia. By accessing and using the Website, you agree to submit to the exclusive jurisdiction of the Courts of Queensland, Australia. If you access the Website from other jurisdictions, you are additionally responsible for compliance with local laws.
13.2 Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.
13.3 If any term is unenforceable, it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
13.4 If you have any questions or concerns, you may contact us at [email protected]
These Terms were last updated on 15 September 2021.