Terms of service
This website is operated by Bikini Bliss Fitness Challenge. Throughout the site, the terms “we”, “us” and “our” refer to Bikini Bliss Fitness. Bikini Bliss Fitness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
- The Bliss Burn Monthly Subscription – delivered by APP which can be downloaded to your mobile device;
- The Bliss Build Monthly Subscription – delivered by APP which can be downloaded to your mobile device.;
- The 12 Week Bikini Bliss Challenge- 90 Day transformation Challenge & 90 Day Power Couples Challenge- delivered by APP which can be downloaded to your mobile device;
- The Macro Guide – delivered by eBook;
- The Recovery Guide - delivered by eBook;
- The Bliss Cookbooks - delivered by eBook
- Fitness workshops and seminars;
- a range of products including apparel, equipment and gift vouchers; and
- access to private Facebook forums for participants in a particular program.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Our APP is hosted by TSR Gym Technik LTD. They provide us with the online mobile application platform that allows us to deliver our products and services to you.
SECTION 1 - RISKS WARNING AND DISCLAIMERS
1.1 You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in Programs or accessing or using any Fitness Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:
- known or unknown health problems or previous injuries;
- engaging in activity which is too strenuous for your level of fitness and health;
- tripping or slipping – including over fitness equipment both at home and in a gym; and
- attempting an activity which is beyond your exercise capability.
1.2 You understand that any exercise and nutrition guides offered, conducted or promoted by Bikini Bliss Fitness Challenge are not individually tailored to your personal circumstances and you must seek approval from your medical practitioner before following any particular advice or plan or participating in a Program.
1.3 Bikini Bliss Fitness Challenge does not guarantee that the Website and APPs will function on any particular device and Customers acknowledge and agree that the Website and APPs may suffer from malfunction or delays from time to time and that this is an inherent risk of such internet and electronic based systems.
SECTION 2 - WARRANTIES (by Customers)
You represent and warrant to Bikini Bliss Fitness Challenge that:
- you are 18 years old or over;
- you have sought and obtained approval from your licensed medical practitioner before commencing any Program or following any meal plan or nutrition guide supplied by us;
- all information and documentation provided to Bikini Bliss Fitness Challenge from time to time is true and accurate and not misleading in any respect;
- you will exercise in a place which is safe and suitable for the Program; and
- you will abide by these terms and conditions at all times.
- you will be responsible for the management of any food allergies or intolerances.
- you are 18 years old or over;
SECTION 3 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 4 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By registering an Account with us, or using or accessing the APPs and Website you will be acknowledging and agreeing that you:
- have read and understood these terms and conditions and agree to be bound by them;
- consent to the use of your personal information for the purposes set out in these terms and use of the APPs generally; and
Bikini Bliss Fitness Challenge may amend its terms and conditions from time to time and will post its amended terms on the Website and APPs. The date of posting the amended terms on the Website and the APPs will be the date the new terms come into effect and apply to you. Your continued use of the Website and the APPs, Fitness Products and purchase of goods and services from Bikini Bliss Fitness Challenge after posting of the amended terms will indicate your acceptance of the amended terms.
SECTION 5 - REGISTRATION ON A PROGRAM AND LICENSE
Customers must be at least 18 years old in order to register an Account, use or access a Fitness Product or participate in a Program.
Purchase of a Fitness Product is for you as a single user only. You may not authorise third parties to use any Program, or other digital product or service supplied by us to you via your Account.
Upon purchase of an e-book, meal plans or nutrition guides you are entitled to download and print one copy of the item only and breach of this term will entitle us to terminate the agreement with you without refund.
- On registration on a Program, Bikini Bliss Fitness Challenge grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the Program in accordance with these terms and conditions and solely for your personal use and enjoyment.
SECTION 6 - BIKINI BLISS FITNESS CHALLENGE RULES INCLUDING FOR USE OF SOCIAL MEDIA
- ensure that their login details for the Website and any APP (including usernames and passwords) are kept confidential and not disclosed to any other party;
- notify Bikini Bliss Fitness Challenge immediately if you suspect or know that your Account has been accessed without your authority;
- accept responsibility for all activity on your Account or Program which takes place using your login or password;
- not use the APPs, a Program, Fitness Product or the Website for any illegal purpose;
- not undertake any activity which uses, exploits or affects the Brand or the Bikini Bliss Fitness Challenge Intellectual Property except for the purposes of your personal participation in a Program or personal use of any goods or services purchased through the Website;
- not interfere with the enjoyment of another Customer;
- not perform any fraudulent activity in connection with the APP’s, a Program or the Website;
- not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology.
- ensure that their login details for the Website and any APP (including usernames and passwords) are kept confidential and not disclosed to any other party;
- Some Programs offer participation in private Facebook forums. Customers agree that at all times when participating in such forums or when posting about Bikini Bliss Fitness Challenge on any social media platform they will:
- treat other Customers and Bikini Bliss Fitness Challenge (and its staff and contractors) with dignity, support and respect;
- not display or engage in activity that facilitates illegal activity;
- not post, publish, distribute or display sexually explicit images or words;
- not promote violence; and
- not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.
- Bikini Bliss Fitness Challenge reserves the right, in its absolute discretion, to remove any social media content and any information posted on any APP or website or social media forum which Bikini Bliss Fitness Challenge considers breaches the rules set out in this agreement.
- Customers are responsible for obtaining and maintaining the data network access to use the Website and Programs. Customers are also responsible for updating their devices to enable use of the Website and Programs and APPs and any updates to the APPs or the Website.
- Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking the Program or use of other Fitness Product.
SECTION 7 - Suspension or termination of your Account or use of the APP and Website
- Bikini Bliss Fitness Challenge may suspend or terminate your Account or registration on a Program at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.
- Bikini Bliss Fitness Challenge will suspend or terminate the Account by written notice to the User (which will include notice by email). This may include but is not limited to when a User is being investigated by Bikini Bliss Fitness Challenge or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.
- Bikini Bliss Fitness Challenge may amend or remove your membership of any Facebook or other social media groups associated with a Program, or any posts you place on such social media platforms at any time at its absolute discretion.
- Customers may stop using a Program, the APPs and the Website at any time.
SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 9 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 10 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website or APP. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 12 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 13 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site, APP or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site, APP or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service, website, or APP will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service, website or APP will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
You acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any statutory guarantee. In the previous sentence, “injury” means:
- physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
- the contraction, aggravation or acceleration of a disease; or
- the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for:
- breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
- your fault;
- a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a Program);
- any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, an APP or your downloading any material such as e-books or other material on the Website, or any website linked to it;
- the conduct or actions of Customers online or offline or their use of the Website or APPs;
- the suitability of a Program or Fitness Product purchased by you;
- unauthorized access or use of your Account by third parties;
- any website links contained on the Website or an APP to external organizations or advertisements or the use of such an external organization’s website or App. Parent; or
- events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
- We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek licensed medical or other professional advice.
- improper maintenance of any exercise equipment, premises or facilities
- negligent instruction or supervision, including personal training,
- negligent hiring or retention of employees, and/or (e) slipping or tripping and falling while on any portion of a premises or while traveling to or from personal training, including injuries resulting from Trainer’s or anyone else’s negligent inspection or maintenance of the facility or premises.
- All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
- negligence or fault of Customers;
- the acts or omissions of a third party unconnected with the provision of goods or services by Bikini Bliss Fitness Challenge;
- any defect in or complaint about the quality, suitability or availability of a Program or Fitness Product;
- delays in the functionality of, or inability to access the Website or an APP (and to this end Bikini Bliss Fitness Challenge does not guarantee or warrant that the Website or the APP will be uninterrupted or error fee); and
- any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.
- We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.
- Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.
In no case shall Bikini Bliss Fitness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service, APP, Program or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bikini Bliss Fitness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or in connection with:
- a Customer’s use of the APP or participation in Programs;
- use of products purchased through the Website;
- a Customer’s breach of these terms and conditions;
- our use of your Customer Content;
- a Customer’s breach of duty of care, or negligence towards another Customer; or
- a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.
- the documents this document incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. These terms constitute the entire agreement between Bikini Bliss Fitness Challenge and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.
SECTION 23 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Canada.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
The Bikini Bliss Fitness Challenge logo and trade marks, the Brand, the content of Programs, Website, Fitness Products, nutrition guides and e-books and any materials we provide to you in connection with the APP, Website or a Program (BIKINI BLISS FITNESS CHALLENGE Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Canadian law, international conventions and other laws.
- You undertake not to copy, publish or reproduce in whole or in part, the Bikini Bliss Fitness Challenge Intellectual Property except as is expressly permitted by these terms and conditions.
Section 26 - Waiver
SECTION 26 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.