Interpretation: In these Conditions the following expressions have the meanings assigned to them respectively:
“Strong Curves" means Shelley Darlington Pty Ltd (ABN 19640661203);
"Conditions" means the terms and conditions outlined herein including any additions or variations of these Terms and Conditions made by Strong Curves; and
"Customer" means any person to whom the Strong Curves sells or supplies a Product; "Party" means both a Customer and Strong Curves;
"GST" means Goods and Services Tax in Australia determined in accordance with the A New Tax System (Goods and Services Tax) Act 1999;
"Intellectual Property" includes confidential information, copyright, trademarks, patents, designs and digital Products including ebooks, pdf downloads, resource material, videos and online content;
"Order" means an Order placed by a Customer for the purchase of goods from Strong Curves;
"Payment Method" means the payment details nominating the account or process by which a Customer agrees to pay for any Product;
"Product" means any item including, goods, services digital Products, ebooks, pdf downloads, resource material, online content etc. sold by the Strong Curves to the Customer through an Order;
"Site" means the website with address strongcurvesapp.com including all landing pages and subpages of the website;
"State" means the State of Queensland;
"We" refers to Strong Curves; and
"You" refers to a Customer;
In these Conditions:
Words in the singular number include the plural and words in the plural number include the singular and words of one gender denote the gender appropriate to the context or subject matter;
The headings and sub-headings are for convenience and reference purposes only and are not intended to affect the interpretation of this Agreement;
Words importing persons include a firm, company, corporation, authority or body whether or not incorporated;
A reference to any act or regulation includes a reference to any act or regulation amending, or in substitution for, that act or regulation;
No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Conditions;
If an expression is defined, another part of speech and grammatical form of the expression have a corresponding meaning; and
The provisions of any Clause or Sub-clause that contains any subordinate Sub-clause will be read distributively to that subordinate Sub-clause and that subordinate Sub-clause will be construed accordingly; and
Each provision hereof will be construed and will take effect according to the laws of the State and all rights liabilities and obligations in respect of the Conditions will be governed by the laws and jurisdiction of the State.
This Strong Curves Site at strongcurvesapp.com is a Site that you can select, Order and access Products advertised by Strong Curves.
The purchase of all digital Products, ebooks, pdf downloads and online content is subject to the following terms and conditions. All Customers are advised to review these Conditions carefully before placing any Order, accessing, browsing or using this Site.
Agreement to these Conditions
By placing an Order with Strong Curves, you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to buy from Strong Curves.
By accessing, browsing or using this Site you acknowledge that you have read, understood and agreed to these Conditions.
Prior to placing an Order, you must create an account though the Site.
Accounts can only be created for individuals and are created for the named individual only. Accounts may not be transferred or sold to another person. You may update or cancel your account at any time through the Site.
All information provided to us in the Account Creation process must be true and correct. A Customer must not have more than one active account at any time.
Customers may not distribute, share, transfer or permit their account information, including passwords to be used or accessed by any third party.
You must notify us of any changes to your personal information or Payment Method which was provided by you in the Account Creation process.
If you suspect or become aware that your account has been accessed without authorisation or a breach of security has occurred in relation to your account, you must immediately notify us of this breach by contacting firstname.lastname@example.org
Intangible Product Licences
Many of our Products are intangible and may come in the form of ebooks, PDF downloads, resource material, videos or online content. All of these Products are subject to copyright protection.
These intangible Products remain the property of Strong Curves. Once an Order has been completed and a Customer has discharged their obligations to pay or continue to pay for a subscription, Strong Curves grants to the Customer a single Licence to use the Product subject to these Conditions.
Intangible Products are the subject of a license to the Consumer and are not sold to the Consumer. The Consumer has no right to lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the Product, transfer or trade the Product in any form. Strong Curves may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital Products to protect our Products.
Subscriptions will continue month to month or once yearly until terminated. Unless the subscription is cancelled before the monthly or end of year renewal date, the following month’s or yearly fees and charges will be charged to your nominated Payment Method.
The subscription fees and charges will be billed on a monthly or yearly basis to your Payment Method on the commencement day of your first paid subscription.
Strong Curves reserves the right to vary the fees charged for our subscription based Products from time to time. If fees are varied through the exercise of this right, then Strong Curves will inform you of any such variation and provide you with one month’s notice of any such change.
If you do not agree to this variation, you may cancel your subscription within 14 days of the changes coming into effect; you agree that this will be your only remedy with regards to a variation of our subscription charges. If you do not chose to cancel your subscription within 14 days of the change coming into effect, you will be deemed to have accepted the variation.
Upon your subscription to the Product, unless you notify us otherwise, you agree to subscription fees and all other charges relating to the subscription being billed automatically each month to the nominated Payment Method provided by you during the Order process.
You must notify Strong Curves of any change to your Payment Method. If you do not notify us of any such change, then Strong Curves will assume that the details of your Payment Method remain correct and will continue to bill any fees or charges relating to your subscription to your nominated Payment Method.
If any subscription fees or charges billed to your account, are not processed for any reason, then Strong Curves will have the right to suspend your subscription until all fees and charges have been paid in full.
You agree to pay all costs, including legal fees on a full indemnity basis, which are incurred by Strong Curves in collecting any unpaid subscription fees or charges from the Customer.
Subscription fees will apply regardless of whether or not you use your subscription.
Subscriptions will rollover to full-priced monthly membership at the end of all promotional trials, discounts, offers or coupons unless the subscription is cancelled before the end of the promotional period. The following month’s fees and charges will be charged to your nominated payment method. Rollover subscriptions will continue month to month until terminated.
Subscription products available to new users on www.strongcurvesapp.com sign up as at July 7th 2022 and, iOS and Android sign up as at 1 October 2022. Product Name: Strong Curves Monthly Plan Price: $19/month AUD Billing Frequency: Monthly Billing Method: Stripe Product Name: Strong Curves Yearly Plan Price: $228/month AUD Billing Frequency: Yearly Billing Method: Stripe
Payment accepted by credit card and debit card.
Subject to the terms and conditions of third parties.
In order for you to place an Order for one of our Products, you must submit valid payment details nominating a Payment Method. Valid payments will be processed once your order has been accepted by Strong Curves.
Tax, duty and customs charges
Customers located internationally may be required to pay sales tax, duty and/or custom charges.
All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the Order or shipping charge. Taxes and customs charges differ depending on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. Strong Curves is not responsible for any additional taxes and customs charges that are requested during the shipment of your Order.
Any costs incurred by us in shipment or delivery of our products to you will be charged to your Payment Method.
Our Returns Policy is available on our Site and forms part of these Terms and Conditions. Our Returns Policy covers returns, reporting of faulty Products, complaints, damaged or lost Products.
By accessing and using our Site you acknowledge and agree to our Returns Policy.
If you wish to make a return please contact our Support Team as soon as possible.
None of our employees hold medical or dietary qualifications and we are not a licensed medical care provider. We have not expertise in diagnosing, examining or treating medical conditions of any kind.
We strongly recommend that you consult with you doctor before beginning any dietary or exercise program particularly if you have a personal or family history of high blood pressure, heart disease, chest pain, smoking, high cholesterol, obesity, bone or joint problems or if you are pregnant.
The Strong Curves Recipes are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact your doctor or a dietician prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
The Strong Curves Recipes are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing the Strong Curves Recipes.
To cater for a broader range of alternative diets, the Strong Curves Recipes includes recommendations and recipes for pescatarians and lacto-ovo vegetarians. Please contact your doctor or nutritionist prior to purchasing if you are unsure whether this Product is suitable for your dietary needs.
If you have any concerns or questions regarding your health you should always contact your doctor. If you experience faintness, dizziness, pain or shortness of breath at any time you must stop the physical activity immediately and contact your doctor before resuming.
The content of our Site is not intended to replace or be a substitute for professional medical advice diagnosis or treatment. All content of our Site has been created for information purposes only.
You must be in good physical condition before using any of our Products whether tangible or intangible.
Before using our Product you acknowledge and agree that by participating in physical activity there exists the possibility of physical injury. If you engage in any exercise in connection with any of our Products, you agree that you do so at your own risk.
Subject to any rights granted by Australian Consumer Law, you agree to discharge Strong Curves of all liability for any and all claims and causes of injury including for any and all injury, loss or damage of whatsoever nature including; personal injury, data or loss of income to the extent permitted by the law of the State where negligent or otherwise.
You agree to indemnify us on a full indemnity basis, from any and all third party claims, liabilities, expenses, including solicitor/client costs, that may be incurred or suffered as a result of any breach of these Conditions by you or any third party damage caused as a result or in connection with any breach by you of these Conditions.
You agree to indemnify us from any claim, liability or expense arising from an injury or health problem that may arise from the use of our Prod
This Site may contain links which are hosted by third parties not associated with Strong Curves. The content displayed on those Sites is not the responsibility of Strong Curves and we do not endorse or approve of these external websites or any services that are provided by those websites.
You agree that your choice to visit third party websites is undertaken at your own risk. Before relying on any of the content on any such Site you should make appropriate enquires.
Site Conditions of Use
You must not:
Copy, distribute, adapt, post, transmit, share, edit, modify, create derivative works from the Site or transfer any part of the Site or any content contained on the Site;
Do anything that may place an unreasonably or disproportionality large load on the Site. You must not do anything that disrupts the functions or connected networks of the Site;
Make any modifications to the Site without proper authorisation in writing from Strong Curves;
Test, scan or circumvent the security of the Site;
Use the Site or any content in any way which breaches the rights of Strong Curves or any third party;
Use the account of another Customer or impersonate another Customer when using this Site;
Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the Site for any reason; and
Use any method to autonomously create accounts by any means under fraudulent pretences.
These Conditions will be construed and will take effect according to the laws of the State of Queensland and the respective rights, liabilities and obligations of the parties will be governed by the law of the State of Queensland.
The Customer and Strong Curves agree to submit to the exclusive jurisdiction of the courts of Queensland.
If you are entitled to any rights, remedies or claims under the Australian Consumer Law then these rights, remedies or claims arise independently of these Conditions and will not apply to any rights, remedies or claims that you may have under the Australian Consumer Law.
Account and Orders
We reserve the right to terminate your Account, remove or edit content, cancel orders at our sole discretion at any time without notice. We will not be held liable for any loss or damage arising from exercising this right.
If you wish to terminate your account or cancel an order, please contact us immediately by email at email@example.com. Once an order has been accepted and your payment has been processed, cancellation of the order is within our sole discretion. Any order which is not cancelled is subject to these Conditions and our Returns Policy.
Subject to these Conditions, you may cancel your subscription at any time by contacting firstname.lastname@example.org. You will continue to have access to the Product through till the end of your monthly billing period.
If you purchased your Strong Curves membership through Apple’s IAP (in app purchase) function and you wish to terminate your subscription, you are required to do so via Apple’s subscription platform. You will be billed if you have not cancelled this in the correct manner prior to your next billing date. To find out how to cancel your membership through Apple service, email email@example.com.
Changes to these Conditions
We reserve the right to modify these Conditions at any time. Please review these Conditions frequently and before placing an Order. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to these Conditions, we will notify you here that it has been updated.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell Products to you.
If any court or other competent authority declares any part of these Conditions unenforceable or if these Conditions would, if any part were not omitted, be unenforceable then:
That part will, without in any way affecting the enforceability of the remainder of these Conditions, be severable and these Conditions is construed as if that part were not contained in these Conditions; and
The parties must attempt to renegotiate that part in good faith.
You agree that we will charge you for any Product ordered through your account.
You are liable and responsible for any person who uses your account to place Orders through the Site.
You should be mindful of any request for credit card or account information. Providing information to these types of requests can result in identity theft.
Strong Curves reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice.
You are responsible for any costs associated with accessing the Site.