Terms & Conditions

MYPHYSIQUE WEBSITE TERMS OF USE

1. ABOUT

(1) Thank you for choosing and using our website located at www.myphysique.io (“Website”).  This Website is owned and operated by MyPhysique Pty Ltd (ACN 622 547 291) (“MyPhysique”) and these terms and conditions of (“Terms”) govern your use of our Website.

(2) MyPhysique grants licenses to its members (our “Subscribers”) to access online video content (“Digital Content”) for automated online nutrition and training coaching services including progress tracking and other exclusive services to our Subscribers that are advertised on our Website from time to time (our “Subscription Services”). The purchase of all products and services from our Site or as a supply under your subscription as a Subscriber are subject to these Terms. 

(3) These Terms, along with our ‘Privacy Policy’, which form a part of these Terms, govern Subscribers use of the Website and our Subscription Services. 

(4) Please read our Terms and Privacy Policy carefully before using the Website and accessing our Subscription Services because these Terms and Privacy Policy create a binding contract between MyPhysique and Subscriber.

(5) If you are entering these Terms on behalf of a legal entity, you represent that you have the authority to bind the entity to these Terms. If you are a minor, a Subscriber who has legal authority and in accordance and subject to these Terms must agree to these Terms on your behalf. If you do not have such authority, you must not accept these Terms and must not use our Subscription Services. 

(6) We may update these Terms from time to time without notice. Any changes to these Terms will be effective from the date published on our Website. 

2. SUBSCRIBERSHIP REGISTRATION AND ACCEPTANCE OF TERMS 

(1) To obtain access to the Subscription Services on our Website, Subscriber must sign up for a customer portal account (“Subscriber Account”). 

(2) By signing up for a Subscriber Account, Subscriber will be required to accept the Terms by clicking “finish and pay” and  the “sign up” “button (“Registering”) as a condition of joining as a Subscriber. By clicking the “register” button you agree to all the terms and conditions listed on these Terms by MyPhysique which gives notice to you through our user interface as follows:

By Registering, you agree that you've read and accepted our website Terms and Conditions and you consent to our Privacy Policy. 

(3) As part of the registration process for our Subscription Services, Subscriber must provide current, complete and accurate identification, and other information required during the registration process including but not limited to: 

(a) name; (b) address; (c) phone number;  (d) a valid email address; (e) user name and password (“Login Details”);  (f) other information as applicable to set up and administer Subscriber Account to access the Subscription Services. 

(“Subscriber Data”).

By visiting, registering for, or using the Website, Subscriber agrees that MyPhysique may send direct communications including short message service (SMS) to the email addresses and mobile devices that Subscriber makes available. 

(4) Subscriber own all right, title and interest in Subscriber’s Data. Subscriber grants to MyPhysique, or to any third parties used by us a license to use Subscriber Data in order for MyPhysique to perform its obligations under these Terms. 

(5) If Subscriber Data changes, Subscriber must promptly update Subscriber Account to reflect those changes.

(6) As a Subscriber of the Website, Subscriber agrees that:

(a) a Subscriber Account is personal to Subscriber;

(b) Subscriber will abide by all safety guidelines and regulations posted in the Digital Content;

(b) Subscriber is solely responsible for maintaining the confidentiality of Subscriber Account and the secrecy of the Login Details;

(c) Subscriber must not authorise or permit anyone else to access Subscriber Account by using the Login Details;

(d) if Subscriber Account has been compromised in any way, Subscriber must contact MyPhysique immediately;

(e) Subscriber’s access to and use of the Website is non-transferable except as permitted by these Terms; 

(f) Subscriber will use the Website only for purposes permitted by these Terms; and

(g) Subscriber will abide by any applicable law, regulation or generally accepted practices or guidelines related to the Subscription Services in the relevant jurisdictions.

(7) Subscriber warrants that:   (a) Subscriber is fully able to participate in the exercise regimen they have selected under the Subscription Services and offered through the Digital Content without undue risk;

(b) Subscriber is legally capable of entering into contracts; and

(c) Subscriber is authorised to access our Website and that all relevant consents have been obtained to use our Subscription Services.

(8) MyPhysique reserve the right to deny anyone access to a Subscriber Account at any time for breach or suspected breach of these Terms. 

3. SUBSCRIPTION FEES 

(1) Subscriber agrees to pay the subscription fee (“Subscription Fee”) advertised on our Website for the purchase of our Subscription Services on a recurring monthly basis.

(2) Payment of our Subscription Fee may be made through Stripe, Inc. (“Payment Processing Service”). Subscriber authorises MyPhysique to automatically charge Subscriber the monthly recurring Subscription Fee through the Payment Processing Service, together with any processing or other associated fees charged by the Payment Processing Service. 

(3) In using the Payment Processing Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Processing Service including the relevant fees and charges applied by the Payment Processing Service for online payment gateway services. 

(4) After registration, Subscriber can log into Subscriber Account to gain access to our Subscription Services for the Digital Content. Subscriber Account must be active and current to obtain access to our Subscription Services.

(5) MyPhysique reserves the right to increase or change the Subscription Fee at any time and without notice subject to your right of termination in accordance with these Terms. 

(6) The Subscription Fee will be charged to you on a recurring monthly basis without further authorisation from you unless you have terminated your subscription in accordance with these Terms. Any Subscription Fee paid is non-refundable except where required by law. 

(7) Subscribers are responsible for ensuring that sufficient funds are available at the time of payment processing and that credit card details are correct in order to access our Subscription Services. 

(8) If there are payment failures due to insufficient funds, incorrect or outdated payment information, MyPhysique reserves our right to:

(a) recover payment and deny a Subscriber access to our Subscription Services;  or (b) cancel or suspend a Subscriber’s Account if we are unable to process the fees for our Subscription Services; or (c) charge interest at a rate of 1.5% per month on the amount due. 

(9) All payments for our Subscription Services are in United States Dollar (USD). MyPhysique will be entitled to add on GST for any supply of its Subscription Services in Australia. 

(10) Subscriber agrees that MyPhysique may electronically store Subscriber Data and Subscriber’s payment information to process Subscription Fees.

(11) The Subscription Services delivered to Subscriber is exclusive and personal to Subscriber. Subscriber must not allow another  user without a licence to use any of the Subscription Services that MyPhysique delivers to Subscriber under these Terms. 

(12) We may suspend or terminate a Subscriber Account if any misuse of fraudulent activity is detected.

(13) Subscriber access to the Subscription Services will be disabled when Subscriber Account is suspended, terminated or Subscriber subscription ends. 

4. REFUND POLICY

Except as required by law, any Subscription Fees paid by Subscriber are final and non-refundable.

5. INTELLECTUAL PROPERTY 

(1) In these Terms:

“Intellectual Property (Rights)” means all intellectual property rights, including all copyright, patents, trade marks, design rights, trade secrets, circuit layouts, domain names, know-how and other rights of a similar nature worldwide, whether registered or not, and any applications for registration or rights to make such an application.

“Works” means any material made available on the Website and included our Subscription Services, including (without limitation) written texts, documents, articles, news, newsletters, posts, commentaries, surveys, data, photographs, pictures, graphic works, video, or images. 

(2) Subscriber acknowledge that ownership of the Intellectual Property Rights relating to the Website or our Subscription Services is the property of, licensed by or vest on creation in MyPhysique.

(3) The Works on the Website or generated by or related to any of our Subscription Services including our Digital Content (“Copyright Material”) are subject to copyright and owned by the copyright owner. The Copyright Material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Copyright Material and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, code, scripts, design elements and interactive features) are owned or controlled by us. Data procured from a third party may be the subject of copyright owned by that third party.

(4) The Website and the Copyright Material or any part of it (including, without limitation, any content or images) may not be copied, reproduced, adapted, publicly displayed, duplicated, translated or distributed in any way (including mirroring) to any other device, server, Website or other medium for publication or distribution, without our express prior written consent. Subscribers shall take due care to protect the Intellectual Property Rights licensed via our Subscription Services from unauthorised use, copying, reproduction, lending, reselling, manipulation, disassembly, distribution or publication. 

(5) All Intellectual Property including any trade marks, service marks, trade names and any other proprietary designations are owned, registered or licensed by us. Any other trade marks, service marks, logos, trade names and any other proprietary designations are the trade marks or property of the respective parties.

(6) Unless otherwise stated, MyPhysique retain all rights, title and interest in and to the Copyright Material on the Website and delivered under our Subscription Services. Nothing Subscriber does on or in relation to the Website or our Subscription Services will transfer any:

(a) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; (b) right to use or exploit a business name, trading name, domain name, trade mark or industrial design;  (c) thing, invention, design, system, work or process that is the subject of a patent, registered design or copyright or any other Intellectual Property Right (or an adaptation, improvement, modification of such a thing, invention, design, system, work or process); or (d) any proprietary rights to our database, know-how or technology. 

(7) “MyPhysique” and all associated trade marks on the Website are our trade marks or any related entities. Subscriber must not use our trade marks:

(a) in or as the whole or part of Subscriber own trade marks; (b) in connection with activities, products or Subscription Services which are not ours; or (c) in a manner which may be confusing, misleading or deceptive.

(8) The obligations accepted by Subscribers under this clause survive termination or expiry of these Terms.

6. LICENCE GRANT

(1) MyPhysique grants to Subscriber a limited, non-exclusive, non-transferable, non-sublicensable and revocable license (“License”) to access the Website and to interact with and use our Subscription Services for the term of Subscriber’s subscription solely in connection with Subscriber rights under these Terms. 

(2) These Terms do not constitute a sale or transfer of any of MyPhysique’s Copyright Material and Subscriber must not use, post or upload the Copyright Material or any version of it on any application that enables other people to create and share content or use our Copyright Material on the Internet including on any social networking websites or applications. 

(3) This Licence may be terminated at any time in our sole discretion if Subscriber uses the Website or the Subscription Services except as permitted by these Terms. 

7. SUBSCRIBER’S OBLIGATIONS

(1) Subscriber will:

(a) exercise reasonable care, skill and diligence in using the Subscription Services; (b) use the Subscription Services in a responsible manner and only in accordance with its intended use; (c) be liable for giving any third-party access to the Subscription Services and use of Digital Content through Subscriber’s Account; (d) access and use the Digital Content only in accordance with these Terms;  (f) advise MyPhysique of any issues with the Digital Content or Subscription Services as and when they occur; (g) keep secure all Login Details and notify MyPhysique immediately of any unathorised access; (h) implement, maintain and enforce suitable virus protection in relation to use of the Subscription Services; (i) use best efforts to ensure that no virus or similar computer programs are transmitted to the Digital Content as a result of access being granted to it.

(2) Subscriber will not:

(a) distribute, sell, publish, enable or allow access to Subscriber Account except directly to access Subscriber Subscription Services; (b) use the Digital Content for any commercial purpose; (c) hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Website or the Subscription Services or our Copyright Material or any part of it; (d) use the Subscription Services in any way prohibited by law, regulation, governmental order or decree; (e) introduce any computer code or routine that is harmful, destructive, disabling or which assists in or enables theft, alteration, denial or service, unauthorised disclosure or destruction or corruption of data, including viruses, worms, spyware, adware, keyloggers, trojans, time bombs and any new types of programmed threats; or (f) remove, disable, modify, add to or tamper with any program code or data, copyright, trade mark or other proprietary notices contained on the Website or in the Subscription Services; and (g) not sell, lease, publish, redistribute or sub-license the Digital Content or any of our Copyright Material. 

8. SUBSCRIBERSHIP TERMINATION

(1) These Terms will continue to apply until terminated by either the Subscriber or by us as set out below.

(2) Subscriber may terminate the Subscription Services by cancelling the Subscriber’s Account at any time through the cancellation option in the user interface in Subscriber’s Account. 

(3) MyPhysique may terminate these Terms without notice to Subscriber if:

(a) Subscriber has breached any provision of the Terms; (b) MyPhysique believes that Subscriber is making unauthorised or improper use of the Subscription Services; (c) MyPhysique is required to do so by law;  (d) without cause or notice if the provision of the Subscription Services to Subscriber by MyPhysique is, in the opinion of MyPhysique, no longer commercially viable.

(4) MyPhysique reserves the right to discontinue Subscriber Account at any time and may suspend or deny, in our sole discretion, Subscriber’s access to all or any portion of the Subscription Services without notice if Subscriber’s conduct impacts our name or reputation or violates the rights of any other party. 

(5) The early termination of Subscriber Account or the Subscription Services is not a ground for a refund. 

(6) If Subscriber has not logged into Subscriber Account within a six (6) month period and the status of Subscriber Account is dormant, MyPhysique reserve the right to unilaterally terminate Subscriber Account. 

9. WARRANTIES AND REPRESENTATIONS

(1) No warranty of any kind whether express or implied is made in relation to the accuracy of the Digital Content, any Copyright Material or any content on the Website. 

(2) MyPhysique does not warrant that the Subscription Services will be performed error-free, uninterrupted or free of bugs or viruses. 

(3) It is Subscriber’s sole responsibility to determine that the Subscription Services or any part of these meet the needs of Subscriber or are otherwise suitable for the purpose for which they are purchased. 

(4) MyPhysique excludes from these Terms all other warranties, conditions and terms implied by law except for any, the exclusion of which would contravene any law.

(5) Subscriber represents and warrants that Subscriber:

(a) is legally permitted to use and access the Subscription Services; (b) takes full responsibility for the selection and use of and Users access to the Subscription Services; (c) is solely responsible for the accuracy of the Subscriber Data that Subscriber submits in relation to the supply of the Subscription Services; (d) agrees that MyPhysique does not control, verify, or endorse the Subscriber Data; (e) is solely responsible for creating backups of Subscriber Data; and (f) in relation to Subscriber Data, that Subscriber owns it or is licensed to use the Intellectual Property Rights in it and that the use of the Subscriber Data will not result in the infringement of any of the proprietary rights of third parties.

(6) Subscriber warrants that the Subscriber Data is not in contravention of any legislation or any advertising or marketing laws or any other third-party rights.

(7) This clause survives the termination or expiry of these Terms for whatever reason.

10. DISCLAIMER

(1) Subscriber shall not, at any time, be obliged to act on any information, suggestion, advice or guidance (“Guidance”) given by MyPhysique as part of the Digital Content and Subscription Services, but if and to the extent that it does so, it shall do so at their own risk. Subscriber hereby unconditionally and irrevocably waives any rights of action it may have as against MyPhysique in relation to any such information, suggestions, advice or guidance. Member is advised to take independent appropriate professional or medical advice before acting on such Guidance given within the Digital Content and Subscription Services. 

(2) There may be risks associated with participating in activities covered under the Digital Content and Subscription Services for people in both good or poor health or with pre-existing physical or mental health conditions.  It is possible that Subscriber may become injured or ill while participating in the Subscription Services. Although thorough instruction is included in the Digital Content, Subscriber participates of its own free will and accordingly, knowingly and voluntarily assumes all risks associated with such exercise, fitness, nutritional, weight loss or sports activities. Any information contained within the Digital Content is not intended to provide specific physical or mental health advice, or any other advice whatsoever, for any individual or business and should not be relied upon in that regard. The Digital Content and Subscription Services  is not a substitute for direct, personal, professional medical care and diagnosis. If as a Subscriber you have or suspect that you have a medical problem or impairment, contact your doctor or health care provider promptly.

(3) Subscriber acknowledges that MyPhysique does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Subscription Services or Digital Content other than pursuant to these Terms including as to fitness, nutrition and weight loss goals. 

(4) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.  

(5) Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) MyPhysique will not be liable for any direct, indirect, special or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Subscription Services or these Terms (including as a result of not being able to use the Subscription Services or the late supply of the Subscription Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(6) Use of the Website and the Subscription Services is at Subscriber’s own risk.  Everything on the Website and the Subscription Services is provided to Subscriber on an "as is" and "as available" basis, without warranty or condition of any kind, except as otherwise expressly provided in these Terms. 

(7) None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of MyPhysique (including any third-party providers) make any express or implied representation or warranty about the Subscription Services and the Digital Content. This includes (but is not restricted to) loss or damage Subscriber might suffer as a result of any of the following: 

(a) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration or unauthorised access to records; 

(b) the accuracy, suitability or currency of any information on the Website, the Subscription Services, or any of the Digital Content (including third party material and advertisements on the Website);

(c) costs incurred because of Subscriber using the Website, the Subscription Services or any of the Digital Content;

(d) the Digital Content or operation in respect to Website links which are provided for the Subscriber’s convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct. 

(8) This clause survives the termination or expiry of this Agreement for whatever reason.

11. LIMITATION OF LIABILITY

(1) To the extent permissible at law, MyPhysique is not liable for any direct, indirect, punitive, incidental, special, consequential damages including without limitation any claims, losses, liability, loss of data, loss of profits, revenue, business or goodwill arising out of or in any way connected with the provision of or failure to provide any products or services under these Terms.

(2) Except as provided in these Terms, MyPhysique exclude all representations and warranties relating to the subject matter of these Terms, our Website and the supply of our Subscription Services. 

(3) MyPhysique’s Subscription Services are provided “as is” and specific results cannot be guaranteed. It is Subscriber sole responsibility to determine that the Subscription Services or any part of these meet Subscriber’s needs or are otherwise suitable for the purposes for which they are used. 

(4) These Terms are to be read subject to any legislation that prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible MyPhysique limits its liability as follows, at our option:

(a) for any claims relating to these Terms, to the fees payable under this agreement (if applicable) for the preceding one (1) month; (b) in the case of products including any digital products (a) the replacement of the products or the supply of equivalent products; (b) the repair of the products; (c) the payment of the cost of replacing the products or of acquiring equivalent products; or (d) the payment of having the products repaired; or (c) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.

This limitation applies to any supply under or related to these Terms including the supply of the Subscription Services and covers loss of Data, any viruses or other disabling features that affect Subscriber access to or use of our Subscription Services, incompatibility between our Subscription Services and Subscriber hardware or software, delays or failures Subscriber may have in using the Subscription Services including any connections or transmissions that fail or are not completed in an accurate or timely manner. 

(5) This clause survives the termination or expiry of this Agreement for whatever reason.

12. INDEMNITY

(1) Subscriber agrees to defend, indemnify and hold MyPhysique, our affiliates, employees, agents, contributors, third party content providers and licensors harmless from and against all actions, suits, claims, demands, liabilities, costs, expenses, losses and damage (including legal fees on a full indemnity basis) brought against or sustained by MyPhysique, which:

(a) is directly or indirectly caused by Subscriber’s breach of these Terms; (b) is directly or indirectly caused by any willful, reckless or negligent act of Subscriber; (c) concerns personal injury to any person caused or contributed to by Subscriber; (d) is caused by Subscriber’s act or omission and constitutes a loss of or damage to property; (e) is brought by any third-party in respect of personal injury, death or damage to third-party property; or  (f) arises from Subscriber’s act or omission.

(2) Except as required by law, MyPhysique will not be liable for any claim, loss or liability for personal injury, death or damage to Subscriber or its property however it may be caused.

(3) MyPhysique reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Subscriber, and in such case, Subscriber agree to cooperate with our defence of such claim.

(4) In no event will MyPhysique be liable to Subscriber for any indirect, incidental or consequential damages including, without limitation, direct, indirect, special, punitive, or exemplary damages.

13. DISPUTES

(1) Compulsory process

A Party shall not start arbitration or court proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless it has complied with this clause. (2) Notification A Party claiming that a Dispute has arisen shall notify each other party to the Dispute giving details of the Dispute. (3) Initial period – efforts to resolve Dispute During the 30-day period after a notice is given (or longer period agreed in writing by the Parties to the Dispute) (Initial Period) each Party to the Dispute (Disputant) covenants with the other to cooperate and take all reasonable steps necessary to attempt to resolve the Dispute. (4) Mediation If the Disputants are unable to resolve the Dispute within the Initial Period, each Disputant agrees that the Dispute shall be referred for mediation, at the request of any Disputant, to: (a) a mediator agreed on by the Disputants; or (b) if the Disputants are unable to agree on a mediator within seven days after the end of the Initial Period, then the Parties must submit the dispute for mediation through the Chair of Resolution Institute (ACN 008 651 232) or the Chair’s designated representative and the Resolution Institute Mediation Rules shall apply to the mediation. (5) Role of mediator The role of any mediator is to assist in negotiating a resolution of the Dispute.  A mediator may not make a decision that is binding on a Disputant unless that Disputant has so agreed in writing. (6) Information Any information or documentation disclosed by a Disputant under this clause shall be kept confidential and may not be used except to attempt to resolve the Dispute. (7) Costs of mediation Each Disputant shall pay its own costs of complying with this clause. The Disputants shall pay equally the costs of any mediator engaged. (8) Location, timing and attendance The mediation will be held in Sydney, Australia, within 30 days after expiry of the Initial Period. Each Disputant agrees to attend the mediation by a representative having full authority to resolve the dispute. At the mediation each Disputant may be represented by one or more legal representative. (9) Failure to resolve If the dispute fails to resolve at mediation or if one of the Disputants fails or refuses to attend the mediation, the mediator will be requested to inform each Disputant in writing that the mediation has been terminated without resolution (Mediation Termination Notice). Upon  receipt of Mediation Termination Notice, the dispute resolution process will be terminated. A party to a dispute will only be entitled to pursue other remedies available to it at law or otherwise, after receipt of Mediation Termination Notice. (10) Confidentiality All communications concerning negotiations made by the Disputants arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable law of evidence. 

14. PRIVACY 

Please refer to our ‘Privacy Policy’ which is made a part of these Terms. 

15. ADVERTISING AND LINKS

The Website may contain links and other pointers to other websites or applications operated by third parties.  MyPhysique does not control these linked websites and is not responsible for the contents of any linked application. The links are provided solely for Subscriber convenience and do not indicate, expressly or impliedly, any endorsement by us of the website or the products or services provided at those websites.  Subscriber’s access to any such advertisement or link is entirely at Subscriber’s own risk. Subscriber should contact the relevant third-party directly to enquire on that information prior to entering into a transaction in relation to the third-party products and services. 

16. NO WAIVER

Any failure on our part to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision.

17. ASSIGNMENT

(1) Subscriber agree that MyPhysique may assign, transfer, sub-licence or otherwise deal with our rights and/or obligations under these Terms.

(2) Subscriber may not without our prior written consent assign, transfer, sub-licence or otherwise deal with any of Subscriber rights and obligations under these Terms. 

18. THIRD PARTY RIGHTS

An agreement under these Terms is for our benefit and Subscriber benefit and is not intended to benefit or be enforceable by any third party.

19. ENTIRE AGREEMENT

Unless otherwise stated, these Terms and our Privacy Policy shall constitute the entire agreement between Subscriber and us in relation to Subscriber’s use of the Website and our Subscription Services. 

20. SEVERABILITY

If any part of provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part of the provision otherwise it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

21. LAW AND JURISDICTION

(1) The Terms and information on this Website are governed by and construed in accordance with the laws of the State of New South Wales, Australia.  Subscriber submits to the non-exclusive jurisdiction of the Courts of New South Wales and Courts of Appeal from them for determining any dispute concerning these Terms. 

(2) If any provision of these Terms is found to be invalid or unenforceable by a Court of Law, such invalidity or unenforceability will not affect the remainder of the Terms which will continue in full force and effect. 

22. FORCE MAJEURE

Notwithstanding any other provision of these Terms, MyPhysique need not act if it is impossible to act due to force majeure, meaning any cause beyond our control (including war, riot, natural disaster or law taking effect after the date of these Terms). Subscriber agree that MyPhysique have no responsibility or liability for any loss or expense suffered or incurred by Subscriber because of not acting for so long as the force majeure continues. 

23. FEEDBACK AND AUTHORISATIONS

(1) Subscriber feedback is important to us. MyPhysique encourage Subscribers to provide feedback, reviews, comments and suggestions for improvements to the Website and our Subscription Services ("Feedback"). Subscriber may submit Feedback by emailing us at support@myphysique.com.au.

(2) Subscriber authorise us to use Feedback for the purpose of promoting and marketing our services by consenting to us displaying Subscriber client name as follows:

(a) on our portfolio list;  (b) on our Website, our partner websites and in media releases; (c) by making representations of our work in the Subscription Services in any media publicity for news, review and on social media.  (“Marketing”) (3) Subscriber grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under all intellectual property rights that Subscriber own or control to use, copy, modify, publish, display, create derivative works based upon and otherwise use the Feedback and Marketing for any purpose, including (but not limited to) media publicity and advertising, promotional and review purposes.

24. HOW TO CONTACT US

(1) This Website is owned and operated by MyPhysique Pty Ltd (ACN 622 547 291).

(2) Our principal place of business is at [8/87-89 Whiting Street, Artarmon, NSW 2064], Australia.

(3) Subscriber can contact us by email at the following address: support@myphysique.io

© 2019. MyPhysique Pty Ltd. All Rights Reserved.

Terms last updated 29 April 2019.