1.1. Dat Booty by DB, website: https://datbootybydb.com/ (website) and all material, content, products, and assets distributed by Dat Booty by DB are owned and operated by Dannibelle Pty Ltd: ABN: 99621279552. Dat Booty by DB (“we”, “us”, “our”) is a subscription-based training program offering monthly, 6 month and annual memberships (“fitness products”, “services”).
1.2. 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. (ag move to the top)
1.3. By visiting our site and/or purchasing product 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.
1.4. Dat Booty by DB offers multiple training options which are provided through the website but does not offer individually tailored programming or nutritional advice. The Dat Booty by DB programming does not take into consideration any individual medical conditions or any health issues which may affect an individual’s ability to participate in the program.
1.5. The information and programming included in Dat Booty by DB is not designed to address any health issues, injuries or any other problems which could be further aggravated from the exercises included in this program. If you have any concerns with pre-existing health problems, are pregnant or suspect that you may be pregnant it is highly recommended that you seek professional medical advice prior to commencing the program. If you experience any pain or discomfort when performing the exercises, outside of normal muscular tension, it is strongly recommended that you seek professional medical advice.
1.6.Any new features, tools, programs or information 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.
2.1.Dat Booty by DB offers a monthly subscription option whereby, upon sign up, the user will be billed on a recurring basis. The user can cancel their subscription at any time but must commit to one month minimum. 6 and 12 month membership options will be charged in full upon sign up. Please note, the 6 and 12 month memberships cannot be refunded and cannot be switched to a monthly membership until the chosen period (6 or 12 months) is complete.
If you have questions concerning the billing of Dat Booty by DB please contact firstname.lastname@example.org
2.2. Notice of cancellation: upon payment of a membership, the payment will be final and no refunds will be available. Users will be required to cancel their membership prior to the next billing period to avoid additional charges. By way of example for a monthly membership, when you pay on day one and cancel before the next billing period (day one of the following month) you will not be billed for the next month but will not receive a refund for the current month of membership, even if the full month was not completed.
2.3. You acknowledge and agree that:
2.3.1. you must pay Dat Booty by DB the fee stated at the time of Registration (inclusive of any taxes as may be relevant from time to time) (Subscription Fee);
2.3.2. you must pay the Subscription Fee in accordance with the billing frequency specified at the time of Registration (Due Date);
2.3.3. your Subscription will automatically renew on the Due Date unless cancelled in advance.
2.3.4. the Subscription Fee is subject to review by the Company and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
2.3. Your access to the Service is conditional upon the processing and payment of the Subscription Fee.
2.4. All prices are in United States Dollars (USD).
2.5. Payment of the Subscription Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If your initial payment authorisation is revoked, your Subscription will be terminated.
2.6. Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
2.7. All payments made are non-refundable unless otherwise stated within the ‘Cancellation’ of our terms and conditions.
3. CANCELLATION & REFUNDS
3.1. Monthly memberships: the user can cancel their subscription at any time but must commit to one month minimum.
3.2. Six (6) and Twelve (12) month memberships: the user is able to cancel at any time however the membership will be charged in full upon registration and cannot be refunded.
3.3. Dat Booty by DB memberships are unable to be paused or extended unless a medical condition (including pregnancy) prevents a user from being able to continue with the program. In these circumstances the user will be required to contact email@example.com and provide evidence of the medical condition. The membership will be paused, credited or refunded at our teams’ discretion. In the event that you cancel a six or twelve monthly subscription, a pro rata refund may be available for the unused portion of your subscription.
3.4. All cases will be considered on a case-by-case basis. Dat Booty by DB does not warrant that a refund will be given in any circumstances.
3.5. By agreeing to these terms and conditions (through use of the website) you acknowledge and agree that Dat Booty by DB may terminate your access to the service at any time and you accept that where any such termination occurs, there is no refund available for the subscription fee.
3.6. No other refunds are available in respect of the services, including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the Competition and Consumer Act 2010 (Cth).
3.7. Upon cancellation of the Subscription, you will no longer be permitted to have access to or the benefit of the Service at the end of your paid subscription period.
4. SERVICE ACCESS, LICENCE AND TERMS
4.1. Acceptance of terms: By accessing the member dashboard of this website, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the functionality or services offered through the website.
4.2. Upon registration Dat Booty by DB grants you a non-exclusive, non-transferable and revocable licence to access the Dat Booty by DB services and programming for your own personal non-commercial use.
4.3. Username and Password: If you choose to create an account, we will provide you with a username and you will be required to create a password. You must not share, give or sell your username or password to any person or company. You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username.
4.4. We reserve the right to remove anyone's membership at any time if there is reasonable evidence that they have been providing another party access to our webpage and services.
4.3. Age Restriction: The Service is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Service if you are not 18 years of age or older unless you have the consent of your parent or guardian.
6. THIRD PARTY APPLICATIONS
6.1. Certain content, products and services available via our Service may include materials from third-parties.
6.2. 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.
6.3. Links to third party applications or websites through Dat Booty by DB are provided solely for your convenience. If you use these links, you leave the Dat Booty by DB website and services. 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. If you decide to access any of the third-party applications or websites linked to the Services, you do so entirely at your own risk.
RISKS AND DISCLAIMERS
7.1. Dat Booty by DB website and the services contained within are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the services. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.
7.2. We take reasonable precautions to ensure that the services provided are safe. However, you acknowledge and agree that, when participating in any exercise, workout, fitness program, or when using any diet or fitness products or services, there is the possibility of physical injury and death. Given the disclosures and disclaimers by Us, you assume the risk and responsibility for any such results or outcomes.
7.3. Dat Booty by DB does not guarantee any particular physique results as a part of your participation in or use of our services.
LIMITATION OF LIABILITY
8.1. Dat Booty by DB terms and conditions are subject to the Australian Consumer Law and comply with all requirements of the Australian Consumer Act 2010 (Cth).
8.2. To the fullest extent permitted by law, Dat Booty by DB https://datbootybydb.com and Dannibelle Pty Ltd absolutely disclaim all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purposes gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components. Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise. It is your sole responsibility and not the responsibility of Dat Booty by DB to bear any entire costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
9. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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.
10. INTELLECTUAL PROPERTY
Dat Booty by DB website and services, including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (intellectual property) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the intellectual property without our express prior written consent.
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.
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between yourself and Dat Booty by DB that results in litigation, you must submit to the jurisdiction of the courts of Queensland, Australia.