Terms Of Service
Date of Last Update: 19th June 2017
MyBodyResults has been created by Melbourne Body Composition Analysis (MBCA) as a product and tool to track the health and fitness of InBody BIA users to inspire them to lead healthier, more active lives. These Terms of Service (“Terms”) govern your use of ‘MyBodyResults’ platform and online body monitoring website. - www.mybodyresults.com.au You must accept these Terms to create a MyBodyResults account and to use the MyBodyResults Service.
YOU WILL BE REQUIRED TO ACCEPT THESE TERMS PRIOR TO CREATING AN ACCOUNT, OR USING THE MYBODYRESULTS SERVICE.
These Terms will change over time. If minor changes are made to the Terms without materially changing your rights, all modified Terms will be post at www.mybodyresults.com.au. You will be notified by email, or by presenting you with a new Terms of Service to accept if modifications are made that materially changes your rights. When you use the MyBodyResults Service after a modification is posted, you are agreeing that you accept the modified terms.
You may use the MyBodyResults Service if you are over 16 years of age and are not barred from receiving services under applicable law. You may connect to the MyBodyResults Service using online devices including desktop and notebook computers, tablets and smart phones.
Account Set Up
Full use of the MyBodyResults Service requires that you create an account by providing us with a valid email address. You are responsible for all activity that occurs in association with your account. MBCA is not liable for any loss or damages caused by your failure to maintain the confidentiality of your account credentials.
You may need to be contacted regarding your use of the MyBodyResults Service. These communications are part of the MyBodyResults Service and you may not opt-out from receiving them. You can manage and opt-out from receiving other communications and keep your email address up-to-date from your account settings.
Full use of the MyBodyResults Service is dependent upon your use of a computer with adequate software or a supported mobile device and Internet access. The maintenance and security of this equipment may influence the performance of the MyBodyResults Service and it is your responsibility to ensure the equipment’s functionality.
Your Content On The MyBodyResults Service
You may post comments, and other content (“Your Session”) to the MyBodyResults Service. You retain all rights to Your Content that you post to the MyBodyResults Service. You are responsible for Your Content. You represent and warrant that you own Your Content or that you have all rights necessary to grant us a license to use Your Content as described in these Terms. You also represent and warrant that Your Content and the use and provision of Your Content on the MyBodyResults Service will not: (a) infringe, misappropriate or violate a third party’s, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) be fraudulent, false, misleading or deceptive; (d) be defamatory, obscene, pornographic, vulgar or offensive; (e) promote discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (g) promote illegal or harmful activities or substances.
“MyBodyResults Content” includes any text, graphics, images, music, software, data, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the MyBodyResults Service to you. Except for Your Content, MyBodyResults Content, the MyBodyResults Service and its underlying technology are protected by copyright, intellectual property, and other laws of Australia. You agree not to remove, change or obscure any copyright, service mark or other proprietary rights notices incorporated in or accompanying the MyBodyResults Service.
Things That Can Be Done On The MyBodyResults Service
The MyBodyResults Service is intended for your personal, non-commercial use.
MBCA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to (1) access and view the MyBodyResults Content, and (2) access and use the software provided by the MyBodyResults Service. This license is provided solely for your personal use and enjoyment of the MyBodyResults Service as permitted in these Terms.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MyBodyResults Content, MyBodyResults Service or any portion thereof, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MBCA or its licensors, except for the licenses and rights expressly granted in these Terms.
What You Cannot Do On The MyBodyResults Service
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the MyBodyResults Service: (1) use, display, mirror or frame the MyBodyResults Service or any individual element within the MyBodyResults Service, MyBodyResults’ name, any MyBodyResults, logo or other proprietary information, or the layout and design of any page or form contained on a page, without MBCA’s express written consent; (2) access or tamper with non-public areas of the MyBodyResults Service, MBCA’s computer systems, or the technical delivery systems of MBCA’s providers; (3) test the vulnerability of any MBCA system or breach any security or authentication measures; (4) circumvent any technological measure implemented by MBCA or any of MBCA’s providers or any other third party (including another user) to protect the MyBodyResults Service or MyBodyResults Content; (5) access the MyBodyResults Service or MyBodyResults Content through the use of any mechanism other than through the use of an Authorised Connection, MyBodyResults Service or MyBodyResults API; or (6) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any software that MBCA provides to you or any other part of the MyBodyResults Service.
We are not obligated to monitor access or use of the MyBodyResults Service, MyBodyResults Content, or Your Content or to review or edit any MyBodyResults Content or Your Content, but we have the right to do so for the purpose of operating the MyBodyResults Service, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the MyBodyResults Service, any MyBodyResults Content, or Your Content at any time and without notice, and at our sole discretion, if we determine that the MyBodyResults Content, Your Content, or your use of the MyBodyResults Service is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects the MyBodyResults Service.
Use The MyBodyResults Service At Your Own Risk
Our goal is to provide helpful and accurate information on the MyBodyResults Service, but we make no endorsement, representation or warranty of any kind about any MyBodyResults Content, information, services or recommendations. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the MyBodyResults Service. If you rely on any MyBodyResults Content or the MyBodyResults Service, you do so solely at your own risk.
MBCA respects copyright law and expects its users to do the same. It is MBCAs policy to terminate in appropriate circumstances account holders who infringe the rights of copyright holders. If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. We do not waive any rights to use similar or related ideas or feedback previously known to us, developed by MBCA, or obtained from sources other than you.
Competitions And Prizes
Additional terms and conditions may apply to contests, giveaways and other promotions sponsored by MBCA and its partners. It is your responsibility to carefully review those terms and conditions.
Responsibility For Third-Party Links On The MyBodyResults Service
The MyBodyResults Service contains links to third-party websites, apps, services and resources (collectively “Third-Party Services”) that are not under MBCA’s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third-Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third-Party Services.
MBCA Does Not Control Third-Party Services That You Link With Your MyBodyResults Account
Adjustments To The MyBodyResults Service
MBCA may change or discontinue, temporarily or permanently, any feature or component of the MyBodyResults Service at any time without notice. MBCA is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the MyBodyResults Service. We reserve the right to determine the timing and content of software updates, which may be automatically updated without prior notice to you.
If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content and other information related to your account. You may cancel your account at any time by contacting Customer Support. Upon any termination, discontinuation or cancellation of the MyBodyResults Service or your account, the following provisions of these Terms will survive: Posting Your Content On The MyBodyResults Service; MBCA’s Rights; Our Enforcement Rights; Termination; Disclaimers; Indemnity; Limitation of Liability; Dispute Resolution; and General Terms.
THE MYBODYRESULTS SERVICE AND MYBODYRESULTS CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the MyBodyResults Service or MyBodyResults Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the MyBodyResults Service or any MyBodyResults Content. You acknowledge and agree that if you rely on any MyBodyResults Content or the MyBodyResults Service, you do so solely at your own risk.
You will indemnify and hold harmless MBCA and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable attorneys’ fees arising out of or in any way connected with (i) your access to or use of the MyBodyResults Service, (ii) Your Content, or (iii) your breach of any warranties made by you hereunder or your violation of any other provision of these Terms. We reserve the right to assume control of the defense of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Restriction Of Liability
Our services come with guarantees that cannot be excluded under the Australian Consumer Law. NEITHER MBCA, itS SUPPLIERS OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE MYBODYRESULTS SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MYBODYRESULTS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MBCA HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT WILL MBCA’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE MYBODYRESULTS SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MBCA FOR USE OF THE MYBODYRESULTS SERVICE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MBCA AND YOU.
You agree that any dispute between you and MBCA arising out of or relating to these Terms of Service, the MyBodyResults Service, will be governed by the arbitration procedure outlined below.
Governing Law: The Terms of Service and the resolution of any Disputes shall be governed by and construed in accordance with the laws of the State of Victoria without regard to its conflict of laws principles.
Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against MBCA, you agree to try to resolve the Dispute informally by contacting [email protected]. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or MBCA may bring a formal proceeding.
We Both Agree To Arbitrate: You and MBCA agree to resolve any Disputes through final and binding arbitration.
No Class Actions: You may only resolve Disputes with MBCA on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.
Limitation on Claims: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the MBCA products or MyBodyResults Service must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between MBCA and you regarding the MyBodyResults Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between MBCA and you regarding the MyBodyResults Service and MyBodyResults Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without MBCA’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. MBCA may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by MBCA under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the MyBodyResults Service. For notices made by e-mail, the date of receipt on the message will be deemed the date on which such notice is transmitted.
MBCA’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of MBCA. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Additional Terms May Apply
Additional terms may apply to certain products or services. In the event that there is a conflict between these Terms and any additional terms, the additional terms will control.
Please contact us if you have any questions about these Terms.
Melbourne Body Composition Analysis (MBCA)
PO BOX 306
Narre Warren North
Victoria, Australia 3804