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© 2020 Breda Canning PT
All Rights Reserved.

Terms & Conditions

Effective from 01/04/2020

These terms and conditions govern your use of the www.bredacanning.com Website and all other services made available to you through the Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE www.bredacanning.com WEBSITE.  

By using or accessing the website or the services, you agree to be bound by these Terms and Conditions, which constitute a contract between you and Breda Canning PT. If you do not agree to all of the provisions contained in these Terms and Conditions, do not use the Website.  

I reserve the right to revise and update these Terms and Conditions at any time.  You should periodically review these Terms and Conditions.  Your continued use of the Website constitutes your acceptance of, and agreement to, any revised Terms and Conditions.

 

  1. USER ACCOUNT, ACCESS TO, AND USE OF WEBSITE AND SERVICES:
    1. In order to access certain areas of the Website, you must create a User Account. You must not access any User Account Only Area without a valid User Account.
    2. In creating a User Account you warrant and agree that:
      1. any information you provide as part of your user account, including (without limitation) your name, address and other identifying information is accurate, current and complete;
      2. you will keep confidential and not provide to any person all login details, including (without limitation) any username, password, and/or password hint(s) chosen by you or assigned to you by myself, and any other mechanism for accessing or logging on to the Website, User Account or User Account Only Area;
      3. you will not allow any other person to use your Login Details to access the Website, your User Account or the Services;
      4. I may rely on your User Account Details being accurate, complete and current unless and until you notify me that your User Account Details are no longer accurate, complete or current (as the case may be);
      5. you are solely responsible for all the activities that occur under your User Account, whether or not engaged in by you;
      6. you will comply with all conditions, usage restrictions or other requirements in respect of the Login Details (including any directions to use or stop using, temporarily or indefinitely, the Login Details) as notified or disclosed to you by myself from time to time;
      7. you will immediately cease using any Login Details or Access Mechanism if I notify you or, if you become aware, that your permission to use those Login Details or Access Mechanism has been withdrawn or expires;
      8. you will immediately notify me if you become aware or suspect that the security of the Login Details or Access Mechanism has been compromised for any reason, or if you suspect someone else has used or is using your Login Details; and
      9. you must keep your User Account Details up to date during so long as your User Account remains active; and
      10. you have no proprietary interest of any kind in your User Account, Login Details or any Access Mechanism
    3. Prohibited Acts: You must not use the Website or Services, and must not allow your User Account to be used to, do any of the following (each a Prohibited Act):
      1. post offensive, defamatory, harmful, insulting, intimidating, menacing, harassing, discriminatory, unlawful, false or misleading, content of any kind;
      2. post content of any kind that poses, or may pose, a risk to any person;
      3. threaten, harass, humiliate or ridicule any person, or otherwise engage in unlawful conduct;
      4. post material of which you are not the lawful owner;
      5. post personal information about a person without their prior consent or breach any privacy law;
      6. infringe another person’s copyright, trade mark or any other intellectual property right; or
      7. access another person’s User Account or Login Details;
      8. knowingly transmit or use any virus, worm, trojan, or other malicious or unauthorised code or disabling feature to or via the Website or the Services;
      9. interfere with or disrupt the proper and intended operation of the Website or the Services, or use any means of automatically searching or mining data from the Website; or
      10. attempt to do, or facilitate or encourage or assist another person to do, any Prohibited Act.
    4. Suspension or termination of your User Account: I may disable, suspend or terminate your (or any other) User Account, Login Details and/or any Access Mechanism at any time without notice if:
      1. you notify me that you wish to terminate or suspend your User Account;
      2. your User Account becomes inactive (including, without limitation, if you have not logged in to your User Account for more than 30 consecutive days);
      3. I suspect (in our sole discretion) that your User Account Details or Login Details are out of date or inaccurate or that your Account, Login Details or the Access Mechanism have been compromised in any way;
      4. I believe (in my sole discretion) that you have engaged in, are engaging in, or are likely or intend to engage in a Prohibited Act, or your User Account has been, is being, or is likely to be, used to engage in a Prohibited Act;
      5. I consider (in my sole discretion) it is necessary in order to comply with any law or to protect the safety of any person.
    5. Removal and moderation of content: I may remove from the Website and/or the Services at any time, without notice, content of any kind (whether or not posted by you) which I consider offensive, defamatory, harmful, insulting, intimidating, menacing, harassing, discriminatory, unlawful, false or misleading or otherwise inappropriate, or otherwise for any reason in my sole and absolute discretion.
    6. Your content, User Account Information and other material: Except as required under privacy law and my Privacy Policy, you agree that I have no obligation to store, retain or destroy your User Account, User Account Information or any other content uploaded or posted by you to, or through the Website or the Services, whether your User Account is active or has been suspended, terminated or otherwise.
  2. CONTENT AND INTELLECTUAL PROPERTY
    1. Limited licence to use content: Unless otherwise specified, I grant you a non-exclusive, non-transferable, limited right to access the Website, the Paid Services and the content available for your personal, non-commercial use, provided that you comply fully with these Terms. You acknowledge that nothing in these Terms or your use of the Website or the Services grants to you any proprietary interest or right to sublicense any of Protected Content or any content you obtain from the Website, the Services or your use of them, including (without limitation) when it is downloaded to your computer or other device.
    2. You acknowledge that the Website and Services contain content that is or may be protected by copyright, patents, trademarks or other intellectual property rights. You must not modify, publish, transmit, distribute, perform, purport to sell, create derivative works of, or in any way exploit, any Protected Content, whether in whole or in part, without our prior written consent.
    3. Content posted or uploaded by you:
      1. You grant to the fullest extent permitted by law:
        1. a perpetual, irrevocable, non-exclusive right and license, including the right to sublicense and consent to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of and display any content you post or upload to the Website or using the Website or the Services whether in whole or in part and with or without the use of your name, worldwide and/or to incorporate the Uploaded Content in other works in any form, media, or technology now known or later developed, for the full term of any copyright, trademarks and other intellectual, personal and proprietary rights that may subsist in such content, for any purpose, whether commercial, advertising or otherwise;
        2. your irrevocable and unconditional consent to allow using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Uploaded Content or any adaptation of it (or any part of it or of any such adaptation) anywhere in the world: (a) in whatever form and in whatever circumstances I think fit, including the making of any distortions, additions or alterations to the Uploaded Content or any adaptation of it (or any part of it or of such adaptation); and (b) without identifying you as the author or otherwise identifying you in respect of the Uploaded Content.
        3. You hereby waive any moral rights you may have in any Uploaded Content.
          1. You warrant that:
            1. you are the owner of all copyright and all other intellectual property rights (if any) subsisting in any Uploaded Content, or are otherwise authorised to deal with the Uploaded Content and grant the rights and consents set out in this clause 3.3; and
            2. your use of the Uploaded Content, and my use of the Uploaded Content, including (without limitation) the hosting of the Uploaded Content on the Website, will not infringe the copyright or other intellectual property rights of any person or entity;
            3. the depiction or identification of any person in any Uploaded Content is with that person’s prior consent, which has not been revoked.
    4. Injunctions
      You acknowledge that any breach by you may cause damage to myself which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach these Terms and Conditions, I may seek injunctive relief against you.
  3. GENERAL AVAILABILITY OF SERVICES
    1. The availability of my services, including (without limitation) the Website, Coach Support and Training Programs, may be limited based on demographic, geographic, health or other criteria I from time to time determine. You agree and acknowledge that I may terminate your Paid Service, at any time based on these criteria. In the event of such termination, I will refund any applicable fees and charges for the remaining term of your Paid Service.
    2. Coach Support, Training Programs, and other services involving access to myself or other interactive access or communication are subject to my availability. Sessions (including any non realtime session, chat or other communication) may be terminated by myself at any time for any reason I consider appropriate.
    3. You agree and acknowledge that interruptions may occur to my services, including (without limitation) the Website, Coach Support and Training Programs, from time to time, whether or not due to matters within my control. You agree that I am not responsible and have no liability for any temporary or other interruption to my services, whether or not due to matters within my control.
  4. PRICING AND PAYMENT
    1. No refund or exchange except as required by law: Subject to any statutory or other rights which cannot by law be excluded or limited, and except as otherwise expressly set out in these Subscriber Terms, all fees and charges, including purchases for digital downloads and subscriptions from the Website, are non-refundable and non-exchangeable.
    2. Pricing: By purchasing any Paid Services, you agree to pay the price for that Paid Services specified by myself at the time of ordering.
    3. Changes in pricing: I may increase or vary the fees and charges for Paid Services, or institute new fees or charges, at any time in my sole and absolute discretion by publishing them on the Website or by such other means I consider appropriate.
    4. Currency and GST: Pricing and currency may vary depending on the location from which my Paid Services are purchased and may be subject to local taxes and charges.
    5. Payment: All payments to myself are processed either through PayPal, Revolut or in person. By purchasing any Paid Services, you agree to be bound by any terms and conditions of PayPal or Revolut.
    6. Keeping your information up to date: You agree to keep your account and other information including your email address and payment details up to date so that I can process payment, complete your purchase(s), and contact you as needed in connection with your purchases or account.
    7. Incidental charges and expenses: In addition to any fees or charges payable to myself, you agree that you remain responsible for all charges, fees or expenses associated with signing up for, using and connecting to Paid Services, including (without limitation) travel costs, telephone or internet access and charges, computer or other equipment.
    8. Termination for incorrect or invalid payment details: If your payment is declined or fails for any reason, I may cancel any Paid Services immediately without prior notice to you.
  5. DISCLAIMER, LIMITATION OF WARRANTY, AND LIMITATION OF LIABILITY
    1. Disclaimer:
      1. The opinions, information and other content contained in or on, or provided through, the Website, Coach Support, Training Programs and other Paid Services are for informational and entertainment purposes only, are not intended as medical or nutritional advice and are not a substitute for professional advice, diagnosis or treatment of any disease or condition. You should consult your physician or other health care professional before starting any nutrition and/or fitness program to determine if it is appropriate for you.
      2. I make no representation that any information on the website is in every respect accurate, current, or complete. To the fullest extent permitted by law, I assume no responsibility for any error or omission in any content or information published on or available through the Website, Coach Support, Training Programs and other Paid Services, or that it is suitable for your personal circumstances. You are encouraged to confirm any such information with other sources and make your own assessment of its reliability and suitability for your individual circumstances.
      3. External and Third Party Links and Sites: The Website, Coach Support, Training Programs and other Paid Services may contain links to external websites, and you may be offered a number of automatic links to other websites that may interest you. I accept no responsibility for, or liability in respect of, and make no warranty whatsoever as to, the content, security, privacy practices, accessibility, or terms and conditions of External and Third Party Links and Sites. You agree and acknowledge that if you access, use, or rely upon any External and Third Party Links and Sites you do so entirely at your own risk.
      4. No duty to warn or advise: There are risks associated with any health, exercise and nutritional activity. You agree and acknowledge that the warnings set out or provided on, in or through the Website, Coach Support, Training Programs and other Paid Services are not advice or a comprehensive statement of risk and are not intended to be relied upon as such. To the extent permitted by law, you agree that nothing in any warning or other information set out or communicated in or through the Website or other Paid Services or these terms shall give rise to any duty to warn of any risk or any other matter, duty to advise or other duty of care.
    2. Limitation of warranty: To the fullest extent permitted by law, and except as otherwise expressly specified, I will not give any warranty of any kind, whether express or implied, about the Website, Coach Support, Training Programs and other Paid Services or any content, material or representations posted on, through or with respect to the Website, Coach Support, Training Programs and other Paid Services, or about any External and Third Party Links and Sites or Third Party Content.
    3. Release: To the fullest extent permitted by law, you release and forever waive any and all Claims you may have against myself for any loss, damage, expense or injury (including any Claim) you sustain arising out of or in connection with your access to (or inability to access) or use of the Website, Coach Support, Training Programs and other Paid Services or any External and Third Party Links and Sites or any Third Party Content.
    4. Limitation of liability: To the fullest extent permitted by law you agree that:
      1. I will not be liable to you or any person for any Claim resulting from or arising out of:
        1. your use or inability to use the Website, Coach Support, Training Programs and other Paid Services, including (without limitation) their unavailability at any time or for any period, whether or not by reason of matters within our control or within the control of any vendor providing software or services support to myself;
        2. unauthorised access or alterations of your transmissions to or from the Website by a third party;
        3. any viruses that may infect your computer equipment or other property whether by reason of your access to or use of the Website, Coach Support, Training Programs and other Paid Services, or otherwise;
        4. activities resulting from the loss or misuse of your User Account Details, Login Details or other Access Mechanism (as defined in the Website Terms);
        5. statements or conduct of any third party;
        6. any indirect or consequential loss, or any economic loss; or
        7. any other matter relating to the Website, Coach Support, Training Programs and other Paid Services, except to the extent resulting from my gross negligence or wilful default;
          Each of the limitations is a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
    5. You acknowledge that your use of the Website, Coach Support, Training Programs and other Paid Services are entirely at your own risk, and you are responsible for taking all precautions you deem necessary or advisable to protect you against any Claim, risk, hazard, loss or damage that may arise from your use of the Website, Coach Support, Training Programs and other Paid Services.
  6. INDEMNITY
    1. To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless myself from and against all Claims, including reasonable legal costs, resulting from any breach of these Terms and Conditions by or any activity related to your User Account or use of the Website or the Services (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any Claim, whether direct, indirect, incidental, special and/or consequential, including loss of profits or income, suffered by me or you which result from your breach of these Terms and Conditions, or your use of the Website, Coach Support, Training Programs and other Paid Services.
    2. Each of the indemnities is a separate obligation by you to me. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
  7. TERMINATION AND CANCELLATION
    1. I may terminate any Paid Services at any time without prior notice to you if, or if I reasonably suspect that:
      1. you have committed any breach of the Terms and Conditions;
      2. you are not within a geographical area to which the Paid Services are available;
      3. a person other than you is using your Paid Services, or your User Account;
      4. if I am unable to process a payment for any Paid Services or any other amount payable by you to me under these Terms and Conditions.
  8. AMENDMENT, VARIATION OR ADDITION TO THESE TERMS AND CONDITIONS
    1. I may amend, vary, revise, or modify (including by deleting or adding terms) these Terms and Conditions at any time and without prior notice by publishing them on my Website and/or by such other means I reasonably consider appropriate.
  9. PRIVACY
    1. I will use and handle your personal information in accordance with the privacy policy. In addition to any use that may be outlined in the Privacy Policy, I may also, for an indefinite period, unless otherwise advised, use the personal information for promotional, marketing, publicity, research and profiling purposes, including sending electronic messages or telephoning you. You should direct any request to opt out, access, update or correct your personal information to myself and direct any complaints regarding treatment of your personal information in accordance with the Privacy Policy.
    2. When you provide me with personal information to complete a transaction, you are consenting to my collection and use of information provided for the specific purpose for which it is provided. Your personal information will be handled in accordance with my Privacy Policy. You may withdraw your consent at any time by contacting canningbreda@gmail.com.
    3. I may disclose your personal information if required to do so by law or if you violate my Terms and Conditions of use.