Terms and Conditions
Welcome to the website of Body Positive You. This website (www.bodypositiveyou.com(.au) and www.bodypositivecoaching.com.au) are online services owned and operated by Heidi’s Vision Pty Ltd (ACN 79 151 481 444).
The following terms and conditions apply to the use of this site. By browsing this site or purchasing an item, you acknowledge that you have read our Terms & Conditions and agree to be bound to the conditions listed below. If you do not agree to our Terms & Conditions, you may not use our site.
This website is owned and operated by Heidi’s Vision Pty Ltd and in these terms and conditions, the terms “we”, “us”, “our” or “HV” are a reference to Heidi’s Vision Pty Ltd, Body Positive You and its website.
These terms and conditions are governed by the laws of the Commonwealth of Australia, and where applicable the state of New South Wales.
Amendments to Terms and Conditions
Our terms and conditions are subject to change from time to time without notice. We reserve the right to change, modify, add or delete parts of our terms & conditions at any time. Amendments will be effective immediately; and it is your responsibility to review our Terms & Conditions for any changes. Your continued use of the website following any amendment will represent your acceptance to the revised Terms & Conditions.
All content on this site, including text, icons, graphics, etc are the property of Heidi Jane and Heidi’s Vision and Body Positive You or its suppliers and are protected by Australian and International Copyright law. No part or portion of this site may be copied, sold, altered, reproduced, published, transmitted or used in any manner for any commercial purpose without written consent from Heidi Jane or Heidi’s Vision.
Links to Third-Party Websites
Our website and contents may include links to other sites. These sites are operated by third parties and are not covered within the Heidi’s Vision TERMS & CONDITIONS.
All logos and trademarks that are primarily displayed on this website are owned by Heidi’s Vision Pty Ltd T/A Body Positive You. Other trademarks displayed are trademarks owned by their respective owners. You must not use or distribute any trademark featured on this website without the written consent from us or the relevant third parties.
Termination of Services
Heidi’s Vision T/A Body Positive You may terminate access to this website, services and products at any time without notice.
Limitations of Liability
You expressly understand and agree that:
Your use of the site is at your sole risk. The site and the materials contained herein are provided on an “as is” and “as available” basis. Except as otherwise expressly provided in this agreement, Heidi’s Vision T/A Body Positive You and its affiliated companies and their respective officers, directors, employees and other representatives (collectively, “Heidi’s Vision parties”) expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Except as otherwise expressly provided in this agreement, Heidi’s Vision parties make no warranty that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the site will meet your expectations, and (v) any errors in the site will be corrected. Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Heidi’s Vision parties or on or through the site shall create any warranty not expressly stated in this agreement.
All products and services purchased on or through the site are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, Heidi’s Vision parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the site. Without limiting the generality of the foregoing, Heidi’s Vision parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
Heidi’s Vision parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the site, including any liability (i) as a publisher of information, (ii) as a reseller of any products or services, (iii) for any defective products, (iv) for any incorrect or inaccurate information, (v) for any unauthorised access to or disclosure of your transmissions or data, (vi) for statements or conduct of any third party on the site, or (vii) for any other matter relating to this site or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, loss of good will, loss of use, loss of data, cost of procuring substitute goods, services or information, litigation or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Heidi’s Vision and you. The products, information and services offered on and through the site would not be provided without such limitations. Notwithstanding the foregoing, the sole and entire maximum liability of Heidi’s Vision parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Heidi’s Vision on this site.
The advice, information, services and other content provided on and through this Site, including information that may be provided on the Site and other content provided on any Linked Site, as defined in this Agreement, are provided for informational purposes, only to facilitate discussions with your physician or other healthcare professional (collectively, "Healthcare Professional") regarding treatment options.
The information provided on this Site and Linked Sites, including information relating to medical, diet, nutrition and health conditions and treatments, is not intended as a substitute for advice from your Healthcare Professional.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always speak with your Healthcare Professional, before using any medication, or herbal or homeopathic product, or before adopting any treatment, including change of diet, for a health problem.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. In such jurisdictions, the exclusions and liability are limited to the fullest extent permitted by law.
Heidi's Vision holds the right to refuse service without refund, including access to 'sessions', to customers who are under the influence of elicit drugs, or who are inebriated at the time of services or 'sessions', and recommends disclosure, regarding relevant pharmaceutical usage. All information will be kept strictly confidential.
Abusive, threatening or 'trolling' communication towards any member of Heidi's Vision will not be tolerated, and instant refusal of service, and access to this site will be implemented.
Memberships / Subscriptions
Payment for the service or products provided to you at and/or through this Site may be made by automatic credit card or check debit and you hereby authorise Heidi’s Vision Pty Ltd to transact such payments on your behalf.
You may elect to become a Community Member of Heidi’s Vision T/A Body Positive You ("Community Member") by purchasing a membership to Body Positive Coaching Tribe. You hereby agree that Heidi’s Vision may immediately authorise your credit card (or other approved facility) in the amount equal to the then current membership rate ("Community Membership Fee") for each period of the Community Membership (the "Community Membership Period"). Heidi’s Vision Membership Fees are non-refundable whether or not the cancellation is at your request during a Community Membership Period. By making such a purchase, you also authorise Heidi’s Vision to charge the then prevailing Community Membership Fee amount to your credit card (or other approved facility) again during each subsequent Community Membership Period. If you decide to terminate your Community Membership you must do so by notifying Heidi’s Vision at email@example.com or fill in the cancellation request form by logging into the member zone.
AT LEAST 14 days prior to the end of the then current Community Membership Period (you can check the membership forum period dates by logging into the membership zone and viewing past/previous orders and transactions). If you do not cancel your Community Membership at least 14 days prior to the end of the then current Community Membership Period, your Community Membership shall continue until the end of the next Community Membership Period following the receipt of the notice of termination. You will be charged the Community Membership Fee for this final Community Membership Period at the then current Community Membership Fee. If you have a question about a transaction on your credit card statement, please contact Heidi’s Vision on firstname.lastname@example.org.
As a Community Member of Heidi’s Vision you agree that your Community Membership is non-transferable and may not be assigned or transferred to any other person or entity, nor may you provide any other person or entity access to your subscription, either directly or indirectly. You must keep your password strictly confidential. You agree to be personally liable for all charges you incur during or through the use of the Site. Your liability for such charges shall continue after termination of your Community Membership for any reason.