BETTER YOU COLLECTIVE PTY LTD (ACN 693 100 346) TRADING AS SIMPLE STARTS CO

TERMS AND CONDITIONS

1. Definitions
“User” shall mean the User or any person acting on behalf of and with the authority of the User.
The “Company” shall mean Better You Pty Ltd (ACN 693 100 346) (trading as Simple Starts Co), its successors and assigns and any person acting on behalf of Better You Pty Ltd.
The “App” means the Simple Starts Application which is available on Apple and Android devices.
“Australian Consumer Law” has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
“Consumer” has the meaning given to that term in section 3 of the Australian Consumer Law; and
“Consumer Guarantees” means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.

2. Australian Users
2.1. For Australian Users, the following additional definitions apply, and override any terms of these Terms and Conditions which may be inconsistent.
2.1.1. “Australian Consumer Law” has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
2.1.2. “Consumer” has the meaning given to that term in section 3 of the Australian Consumer Law; and
2.1.3. “Consumer Guarantees” means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.

3. Terms of Supply
3.1. These terms and conditions constitute a legally binding contract between the User and the Company and apply to the use of the App and other related Services from the Company (the “Terms”).
3.2. By signing up and using the App you the User acknowledge that you have read and that you accept these Terms.
3.3. You agree that these terms and conditions continue to apply after you cease use of the app or suspend your subscription and in the event that your account is terminated.

4. Use of the App
4.1. You must be at least 18 years old to use the App. If you are not 18 years of age, you must obtain consent from your parent or guardian prior to using the App and they are also bound by these terms and conditions. By using the App, you confirm that you meet this requirement and are able to agree to these terms and conditions.
4.2. The Company may, at it’s discretion, suspend or terminate your account at any time and for any reason.
4.3. You agree that you will not use the platform for any activity which is unlawful under Western Australian law and/or the law of your jurisdiction.
4.4. You agree that you will not attempt to gain access to the accounts of other users.
4.5. You agree that you will not take any action which would cause technical errors or a security breach on the app.
4.6. You are solely responsible for all content and information that you upload to the App.
4.7. You agree not to upload any content to the App which would constitute advertisement for a third party, any content which is discriminative, defamatory, violent or otherwise offensive, any content which is unlawful under any applicable law, any content which discloses person or private information or any content which would expose the Company or other App Users to harm or liability.

5. Changes and Updates
5.1. The Company reserves the right to modify, change or delete any feature or part of the App at any time, without providing notice to Users.
5.2. The Company reserves the right to vary these Terms and Conditions at any time by posting the updates Terms and Conditions on the App and the Company’s website. The new Terms and Conditions are effective immediately after they are posted. In continuing to use the App after new Terms and Conditions have been posted, you agree to the updated Terms and Conditions.

6. Fitness Information Disclaimer
6.1. The workouts, exercises and other fitness content provided to the User in the App are for general information and demonstration purposes only.
6.2. Not all workouts on the App are prepared by certified fitness instructors, certified Pilates instructors, medical professionals or other qualified professionals.
6.3. The App does not provide any professional fitness advice.
6.4. You acknowledge that engaging in any physical activity carries inherent risks, which may include injury and that the Company is not liable for any injury suffered as a result of the use of the Pilates boards, or following the workouts available on the App
6.5. Users who are pregnant acknowledge that the workouts contained within the App have not been created specifically to be suitable for pregnancy, and that the workouts may not be safe for pregnant users.
6.6. Users who are pregnant or suspect that they may be pregnant should consult a medical professional prior to undertaking any exercise regime.
6.7. In participating in the workouts while Pregnant, Users agree that they have obtained and relied on medical clearance from a medical professional to do so.
6.8. Always consult a medical professional before commencing any exercise regime, and work within your ability.

7. Nutrition Information
7.1. Any nutrition related information including but not limited to calculations, calorie estimates or meal suggestions provided in the App are for general information purposes only.
7.2. The nutrition information in the App is not medical or nutritional advice and has not been prepared by a medical practitioner.
7.3. The Company makes no guarantee as to the accuracy of nutrition information provided in the App.
7.4. Macro calculations for weight loss completed in the App are estimates only and do not guarantee results.
7.5. Calorie and macro estimates are based on recognised, publicly available resources which are maintained by government bodies. These resources are as follows:
7.5.1. United States – USDA FoodData Central – U.S Department of Agriculture
7.5.2. Australia – Australian Food Composition Database – Food Standards Australia New Zealand
7.5.3. United Kingdom – Composition of Foods Integrated Dataset – UK Government
7.6. Always consult a medical professional before commencing a dietary program.

8. Risk and Liability
8.1. By using the app, you agree that you undertake any workouts, exercises or nutrition plans at your own risk.
8.2. The Company is not responsible for any injuries or health complications which result from users following workout videos or nutrition guidelines.
8.3. The parties acknowledge that, under the Australian Consumer Law, certain conditions and warranties may be implied in these Terms and there are rights and remedies conferred on the Client in relation to the provision of the goods and services which cannot be excluded, restricted or modified by the Agreement.
8.4. The Company disclaims all conditions and warranties expressed or implied, and all rights and remedies conferred on the Client, by statute, the common law, equity, trade, custom or usage or otherwise and all those conditions and warranties.
8.5. Notwithstanding any other provision of these Terms, the Company is in no circumstances (whatever the cause) liable in contract, tort including without limitation, negligence or breach of statutory duty or otherwise to compensate the Client for: (a) any increased costs or expenses; (b) injury; or (c) any special, indirect or consequential loss or damage of any nature whatsoever related to use of the App.

9. Subscription Services
9.1. Users who have purchased a ‘Pilates Board’ or another eligible product from the Company are entitled to access the workout section/s of the App with their purchase.
9.2. Users who have not purchased an eligible product may purchase access to the workouts by way of a one time payment.
9.3. Users may subscribe to the platform on a weekly, monthly or annual basis, or for any other time period the company may offer on occasion for a ‘premium subscription’ which allows users to access the nutrition tracking features.
9.4. The applicable fees are set out within the App.
9.5. Promotional prices are ascertained at the time at which Users sign up for the App, and cannot be changed during your subscription. The additional terms and conditions for each promotion apply.
9.6. The Company reserves the right to change subscription pricing at any time. The Company will provide 30 days notice of any change in pricing in writing to the user’s nominated email address.
9.7. If your subscription continues after you have been notified of a price change, the new price will apply from the next billing cycle.
9.8. The price of your subscription is subject to your local currency.
9.9. When you agree to purchase a subscription, you agree to provide us with payment information which is accurate and complete. In providing your payment details to us, you confirm that you are authorised to make payment using these details.
9.10. You are solely responsible for any additional fees or charges related to the purchase of a subscription which are charged by your financial institution.
9.11. Subscriptions are automatically renewed for the same term of your initial subscription either one week, one month or one year from the date of your initial subscription, in accordance with the subscription you purchased.

10. Data Collection and Privacy
10.1. The Company may collect the following types of information:
10.1.1. Name or username
10.1.2. Email address
10.1.3. Age
10.1.4. Date of birth
10.1.5. Account details
10.1.6. Payment details
10.1.7. Fitness activity data
10.1.8. Sleep data
10.1.9. Person health data including height and weight
10.2. Users may turn off health data sharing at any time
10.3. By using the App and voluntarily providing the company with this information, you consent to the collection and storage of your data and information.
10.4. The company will securely store your data in Australia and in the United States.
10.5. The company will not sell your personal data.
10.6. The company will take all reasonable measures to protect your data from misuse, loss, or unauthorised access by third parties. The company cannot guarantee that user data will remain secure.
10.7. It is the User’s responsibility to ensure that access details including email addresses and passwords are secure.
10.8. The Company is not responsible for any loss which may result from your failure to ensure that your access details are secure.

11. Intellectual Property
11.1. All text, graphics, logos, design elements and workout videos are owned by, or licensed to the Company, and are protected by intellectual property laws.
11.2. You hereby agree not to engage in any activity related to the App which would infringe on the Intellectual Property Rights of the Company or any related third parties.
11.3. Users agree not to copy, distribute or modify any content within the App without prior written permission from the Company.
11.4. You acknowledge that you are not granted any use of the Company’s Intellectual Property Rights unless expressly stated in these Terms and Conditions.
11.5. You are granted a personal, non-transferrable, revocable license to use and access the App for your own personal use, using your own account.
11.6. The Company maintains all rights to monitor your use of the App and revoke or amend your license at it’s discretion and at any time.
11.7. Users who contribute any content to the app hereby grant the Company a non-exclusive, transferrable and irrevocable license to use, reproduce and display the content across the App and any Company social media platforms or advertising campaigns. You hereby waive any rights to this content.

12. Dispute Resolution
12.1. Please enter any feedback, questions or complaints via the ‘Contact Us’ page on the Simple Starts website.
12.2. Any dispute relating to these Terms and Conditions are to be settled in the courts of Western Australia, who have exclusive jurisdiction to hear any dispute arising from these Terms and Conditions, or use of the App.

13. Severability
13.1. If any words or provisions in this contract are unenforceable, the remainder of this contract shall remain effective.

14. Applicable Law
14.1. The laws of Western Australia will govern this contract and any dispute arising under it.