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The BBM Program limited – BBM Website Terms of Use

Last updated on 1st September 2018.

These terms govern your use of the website for the Brain Body Movement Program (the “BBM Program”), www.thebbmprogram.com (the “BBM Website”). By using the BBM Website, you accept these terms.

The BBM Website and its contents is owned, designed and administered by The BBM Program Limited (“BBM”, “we” or “us”).

The BBM Website is directed to residents in New Zealand, who are 18 years or older.

Changes to these terms

We may change these terms from time to time, by publishing an updated version of these terms on the BBM Website. By continuing to use the BBM Website, you will be taken to have accepted the latest version of these terms, and it is up to you to check for any changes.

About the BBM Website

We are a New Zealand company that has developed and runs the BBM Program in New Zealand. The BBM Program is a health and weight-loss program based on the personal journey of Dave Letele. This BBM Website provides you with general information about the BBM Program, and links to sign up to the BBM Program.

Changes to the BBM Website

All information contained on the BBM Website is subject to change. We will endeavour to keep the BBM Website up to date, and may change the format and content of the BBM Website at any time and without notice. We may stop providing the BBM Website, or restrict your access to the BBM Website, at any time and without notice.

Third party providers

The BBM Website may include links to third party materials or websites, and/or identify particular content or functionality as being provided by a third party provider.

Where these appear, we are only passing-on that content, functionality and materials, and unless clearly stated otherwise, we are not responsible for, and do not endorse, its accuracy or completeness. You are solely responsible for and assume all risk associated with any use or reliance placed on that third party content, functionality and/or materials by you and any third parties.

Intellectual property

We own or hold rights to use all intellectual property rights in all components of the BBM Website and in all content made available through the BBM Website from time to time.

You may use this content as made available by us from time to time, in accordance with any restrictions and/or conditions identified in that content, and provided that you appropriately acknowledge the relevant source of this content.

This permission does not give you any rights in the BBM Website, or in any of its components or content, and you must not copy, modify, adapt, reproduce or republish any of them without our prior consent.

Your use of the BBM Website

You must not:

  • Do anything that may place an unreasonable or disproportionately large load on the on the BBM Website. You must not do anything that disrupts the functions of connected networks of the BBM Website;
  • Make an modifications to the BBM Website without written authorisation from BBM;
  • Test, scan or circumvent the security of the BBM Website;
  • Use the BBM Website or any content in any way which breaches the rights of BBM or any third party;
  • Knowingly transmit any virus, worm, defect, Trojan horse or any other malicious code to the BBM Website for any reason; or
  • Use any method to autonomously create accounts by any means under fraudulent pretences.

Disclaimer

As far as permitted by law, we exclude all express and implied warranties and representations about the accuracy, completeness, and fitness for any particular purpose of the information provided on the BBM Website.

The information on the BBM Website is general in nature and will not necessarily reflect your individual circumstances or needs. We recommend seeking professional advice as the applicability (or otherwise) of any given information to your individual circumstances.

You are solely responsible for and assume all risk associated with any use or reliance placed on the health, exercise or other information provided on the BBM Website. We assume no liability for loss or injury you may suffer in connection with the BBM Website or any of its content.

Privacy

We do not collect personal information about you through the BBM Website, other than if you voluntarily choose to provide your details to us. We deal with all personal information we collect about you in accordance with our Privacy Policy, available here http://13.237.255.102/privacy-policy/.

Cookies and Google Analytics

We may use cookies in connection with the BBM Website. Cookies are small blocks of text stored on your device. They may be used for security, to help us recognise you (or rather, your internet browser), to provide you with personalised features and for tracking traffic through the website. Cookies cannot read your hard drive or command your device to perform any action. Any information we collect through cookies is aggregated and therefore anonymous.

You can prevent new cookies from being installed and delete existing cookies, with the procedures to do so depending on the internet browser you are using. You may be unable to make full use of the website unless you accept cookies.

Google Analytics is used in relation to the BBM Website to improve the BBM Website and to better understand visitor behaviour on our website. The information we collect through Google Analytics is anonymised, and we do not share it with any other parties.

General

These terms are governed by New Zealand law. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to all disputes arising out of or in connection with these terms and/or the BBM Website.

Our failure or delay in exercising or enforcing any right or provision of these terms will not operate as a waiver. A finding that any provision of these terms is invalid or unenforceable will not affect any other part of these terms. You cannot assign your rights under these terms to any third party, except with our prior written consent.

 

Terms and Conditions for the Brain Body Movement Program

  • Definitions
    • BBM means The BBM Program Limited (also referred to as “we” and “us”);
    • BBM Program means the Brain Body Movement Program, being the 90 day online health and fitness program owned and administered by BBM;
    • BBM Resources has the meaning set out in clause 3.1;
    • Payment Method means the payment method you elect to pay the Program Fee by pursuant to clause 6.2;
    • Program Fee means the fee you must pay to have access to the BBM Resources and BBM Program platform as required by clause 5.1;
    • Term means the period from the date you sign up to the BBM Program, to the date that you complete the 90-day BBM Program, unless this agreement with you is terminated earlier in accordance with clause 10.
  • Signing up to the BBM Program
    • If you sign up to the BBM Program, your use of and participation in the BBM Program will be subject to these terms and conditions. You are advised to review these terms and conditions carefully before signing up to the BBM Program.
    • By signing up to the BBM Program you warrant that you are at least 18 years old or have your parent’s or guardian’s permission to sign up to the BBM Program.
    • By ticking the tick-box in relation to these terms and conditions and completing and submitting the sign up form, you accept and agree to be legally bound to these terms and conditions.
  • Licence to the BBM Resources
    • The content of the BBM Program is made available through the BBM Program platform and includes information and resource material, videos and online content (BBM Resources). BBM owns the copyright and other intellectual property in all of the BBM Resources, and all other content on the BBM Program platform.
    • When you sign up to the BBM Program, and pay the Program Fee, BBM grants you a licence for the Term to use the BBM Resources, subject to these terms and conditions.
    • Under clause 3.2 you have a licence to use the BBM Resources for the Term, you do not own the BBM Resources. You may not lend, copy, distribute, share, lease, edit, on sell, modify, create derivative works of the BBM Resources, transfer or trade in the BBM Resources in any form.
  • Account
    • You will be required to set up an account in order to access the BBM Program.
    • An account can only relate to a single, named individual. Accounts cannot be sold or transferred to other people. You may update or cancel your account at any time. You may not have more than one active account at any one time. You may not share your account information, including your password, with anyone else.
    • Any information you provide us with when creating your account must be true and correct. You must update us if any of your personal information, including Payment Method, changes.
    • If you think that your account has been accessed by a third party, or that there has been some other breach of security in relation to your account, you must immediately notify us of this breach by contacting us at help@13.237.255.102.
  • Program Fee
    • You must pay the Program Fee to BBM in order to have access to the BBM Resources, and the BBM Program platform.

 

  • You can pay the Program Fee by either:
    • making a one-off payment of NZ$ 199.00, inclusive of GST (One-off Fee Payment); or
    • making a weekly payment of NZ$ 18.75, inclusive of GST, for the duration of the Term (Instalment Payments). The last week of the Term will be 6 days rather than 7 days, and the weekly payment for that week will be decreased proportionately.
  • If you elect to pay the Program Fee by One-off Fee Payment, NZ$ 199.00 will be charged to your chosen Payment Method on the date that you sign up to the BBM Program and agree to these terms.
  • If you elect to pay the Program Fee by Instalment Payments then by signing up to the BBM Program and accepting these terms, you agree to NZ$ 18.75 being billed automatically each week during the Term to your Payment Method.
  • If the Program Fee payment billed to your Payment Method is not processed for any reason, then BBM may suspend your access to the BBM Program platform until all monies owing have been paid in full.
  • You agree to pay all of BBM’s costs incurred in the process of collecting any unpaid Program Fee.
  • Payment
    • The Program Fee can be paid by credit card or certain debit cards, subject to the terms and conditions of third parties.
    • In order to sign up to the BBM Program, you must submit the details of your chosen payment method that complies with clause 1 (your Payment Method).
    • You must notify BBM if your Payment Method changes. Unless notified, BBM will assume that your Payment Method is correct and will continue to bill the Program Fee to that Payment Method.
  • Disclaimers
    • BBM is not a licensed medical care provider. None of our employees hold any medical or dietary qualifications, and they cannot give medical advice or make medical diagnoses. Nothing on the BBM Website or in the BBM Resources should be construed as medical advice or a medical diagnoses.
    • You should consult with a doctor before beginning any exercise or dietary plan. In particular, you must consult your doctor before beginning the BBM Program if you suffer from obesity, high blood pressure, heart disease, chest pain, high cholesterol, bone or joint problems or any other type of health condition or if you smoke or are pregnant.
    • All of the BBM Resources are for information purposes only. The BBM Program and BBM Resources are not substitutes for medical advice, diagnosis or treatment. If you have any questions or concerns about your own health, you should contact your doctor.
    • If you experience pain, faintness, dizziness or shortness of breath while doing the BBM Program or using any of the BBM Resources, stop the physical exercise immediately and contact your doctor before resuming the BBM Program.
    • Before signing up to and starting the BBM Program, you acknowledge that there is a possibility of physical injury whenever you participate in physical exercise or activity. You agree to participate in the BBM Program at your own risk.
    • The recipes and other information about food provided as part of the BBM Program are not formulated to:
      • accommodate or take into account any nutrient deficiencies, allergies or any other diet related health problems; or
      • meet the needs of pregnant or breastfeeding women.
    • No warranties
      • BBM does not warrant that the BBM Program platform (or any of its functions) will be uninterrupted or error-free, that defects will be corrected, or that the BBM Program platform, or its servers, will be free of viruses or other harmful components.
      • Subject to the rights you may have under the Consumer Guarantees Act 1993, if you download any BBM Resources or anything else from the BBM Program platform, you do so at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results.
      • The results you achieve from completing the BBM Program depend on a number of factors, and outcomes experienced by different individuals completing the BBM Program may vary.
    • Personal information and electronic messages
      • We are committed to protecting you privacy. All personal information you submit to us, or that we otherwise collect about you including:
        • when you complete this sign up form; and
        • during your use of the BBM Program,

will be held and used by us in accordance with our Privacy Policy http://13.237.255.102/privacy-policy/.

  • By signing up to the BBM Program, including ticking the tick box accepting these terms and conditions, you expressly consent to receiving commercial electronic messages (including emails and text messages) from BBM in relation to your use of the BBM Program, the BBM Program generally, and for BBM’s marketing purposes, during the Term. You can unsubscribe from receiving these messages by clicking on the unsubscribe facility in one of the messages we send you.
  • Termination
    • You many cancel this agreement with us with immediate effect by giving BBM notice of your intention to cancel at any time. You can give this notice by contacting us at help@bbmprogram.com.
    • If we have reasonable grounds to believe that you have breached these terms, including any obligation to pay the Program Fee under clause 5, we may give you written notice of said breach. If you have not remedied the breach within 14 days of the notice, we may cancel this agreement with you and you will no longer have access to the BBM Resources or the BBM Program platform, with immediate effect.
    • In the event that your agreement with us is terminated under clauses 10.1 or 10.2:
      • if you have paid the Program Fee by One-off Fee Payment, you will not be entitled to a refund of any portion of the Program Fee paid; or
      • if you have been paying the Program Fee by Instalment Payments, all payments that would have been made over the remainder of the Term will become immediately due and will be charged to your chosen Payment Method within 14 days of this agreement being terminated.
    • Changes to these terms

We reserve the right to modify these terms and conditions at any time by making changes to the copy of these terms and conditions that appears on www.thebbmprogram.com. We will notify you via email to inform you that changes have been made to these terms and conditions. If you believe that the change in terms has a materially detrimental effect on you, you may terminate this agreement at any time, and if:

  • you have paid the Program Fee by One-off Payment, you will be entitled to a refund of a portion of Program Fee corresponding to portion of the original Term remaining after the termination date; or
  • you have paid the Program Fee by Instalment Payments, BBM will not bill you for any further weekly payments from the termination date.
  • General
    • If a court or any other competent authority decides that any part of these terms and conditions are unenforceable, the remaining parts will remain enforceable and the parties will attempt to negotiate the unenforceable part in good faith.
    • These terms and conditions are governed an interpreted in accordance with the laws of New Zealand. The parties agree to submit to the exclusive jurisdiction of the Courts of New Zealand.