General Website Terms

Please Read the Following Terms Carefully.

This website is owned and operated by UltimateBodyIQ Pty Limited (ACN 153 268 403) trading as StretchIQ ("StretchIQ") under the domain name www.stretchIQ.com ("the website"). The address of StretchIQ Terrace 1 / 36 Bydown Street, Neutral Bay, NSW 2089, Australia. For the purposes of these terms the words "StretchIQ", "We", "Our" and "Us" refer to UltimateBodyIQ Pty Limited and "website" to materials delivered on www.stretchIQ.com and other co-branded versions of the site. These terms of use as varied from time to time ("Terms") govern your use of the website and all its associated services. By accessing, browsing and/or using the website you will be deemed to have agreed to these Terms. If you do not wish to be bound by these Terms you must discontinue accessing, browsing and/or using the website. The information contained on this website is intended for general information only and should not be considered to be complete or definitive. 

Intellectual Property Rights

The material contained on the website is protected by copyright. You may use the website for personal and non-commercial purposes only. You acknowledge that the Stretch IQ website, special technology used in connection with the website, StretchIQ's services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the website ("StretchIQ content") are provided by StretchIQ or third-party providers and are the copyrighted works of StretchIQ and/or such third parties. Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 or any other applicable legislation throughout the world, you may not, in any form, or by any means, copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, cause any of the material to be framed or embedded in another website or in any manner commercially exploit any part of the StretchIQ content or our services in whole or in part unless expressly authorised by StretchIQ or the relevant third party owner. You may not store any significant portion of any StretchIQ content or StretchIQ services or materials in any form. Under the Copyright Act 1968 and related amendments you are limited as to the amount of material that you may download, print, copy and/or cut and paste from the website. It is your responsibility to ensure that you do not infringe any applicable law. You may only download and print a reasonable quantity of copies of StretchIQ content for non-commercial, personal or educational use only. The copies must contain any copyright or other proprietary rights notices that are contained in the original source. The copies must not be modified. You acknowledge that StretchIQ and/or third-party providers remain the owners of the StretchIQ content and that you do not acquire any intellectual property rights in the Stretch IQ content.

Accuracy and Usefulness of Information

All material and information on the website is provided in good faith and is believed to be accurate and current as at the date of publication. However, StretchIQ provides no warranty or guarantee that any material or information on the website or linked websites will be accurate or complete. StretchIQ will not be liable for any damages whatsoever whether in an action in contract, negligence or other tort, arising out of or in connection with access to the website or the information and material contained in it. All warranties of any kind are excluded to the maximum extent permitted by law. StretchIQ makes no guarantee as to the usefulness of the material and information on the website, nor any of the products and services promoted on it or via linked websites. In particular, StretchIQ makes no guarantee as to the appropriateness of the selected stretches/exercises by you and no guarantee as to the likelihood of the success of such treatments.

Access

You agree and understand that StretchIQ may prevent or restrict your access to the website for any technical, security and or any other reasons at its absolute discretion. StretchIQ will advise you as soon as practicable of any restrictions imposed on your access to the website.

Your Account

To purchase from StretchIQ, you must establish an account on this website (“Your Membership Account”).

StretchIQ retains absolute discretion to refuse to allow your membership account to be established, to terminate your membership accounts and to remove or edit content where your membership account has not been kept in accordance with these website terms.

You are responsible for the confidentiality of your membership account password. Your password and account details are stored on a secure server for ease of use in processing future orders.  To view StretchIQ's privacy statement, visit www.stretchIQ.com/privacy.

You must notify us immediately if you become aware of any breach of security or unauthorised access or use of your membership account.  You are solely responsible for the activity that occurs on your membership account.

Security, Payment Methods and Processing

We use the National Australia Bank (NAB Transact) for our online credit card transactions.  NAB Transact processes online credit card transactions for thousands of Australian merchants, providing a safe and secure means of collecting payments via the internet.

NAB Transact currently accepts American Express, VISA and MasterCard credit cards only.

Orders placed on weekends or public holidays will be processed on the next business day.  Business days are Monday to Friday, excluding NSW Public holidays.

We process payments only after you successfully complete the checkout.

Your tax invoice is your proof of purchase and is required for any warranty claims.

Processing your Order

Upon completing your order and submitting it through the checkout system, an order reference number and tax invoice will be issued to you via a confirmation email, subject to you providing us with your e-mail address.

We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.

Upon processing your order and receiving payment via your credit card or debit card we send you a confirmation email which is your tax invoice.

We, along with our affiliates, reserve the right to: refuse service or supply of the products; terminate the contract and/or your membership account; remove or edit content from our website at our sole discretion. 

If we cannot process your order after receiving payment, we will contact you using the details entered on the order form at the time the order was submitted.

GST

All purchases include GST unless otherwise stated.

Access to password protected/secure areas

Access to and use of password protected and/or secure areas of the website is restricted to authorised users only.  Unauthorised individuals attempting to access these areas of the website may be subject to prosecution.

Variation of These Terms - Changes and Modifications

StretchIQ may vary or modify these Terms at any time. In the event that StretchIQ varies these Terms, it will provide notice by publishing the varied Terms on the website. In the event of a modification we will post the modified terms on the website. The modified terms will come into effect as soon as they are posted on the website and use of the website after that point will be subject to the modified terms. It is your responsibility to review these Terms regularly. By continuing to use StretchIQ you will be deemed to have accepted the modified terms. You accept that by doing this, StretchIQ has provided you with sufficient notice of the variation.

No Warranties or Representations

StretchIQ does not exclude any rights or remedies available to you under the Competition and Consumer Act 2010 (Cth) or equivalent State legislation that cannot be excluded or restricted.

To the extent permissible by law, StretchIQ makes no warranty or representation (express or implied) regarding the quality, accuracy, reliability, currency, performance, completeness or fitness for purpose of any part of the website or any of the StretchIQ content. StretchIQ does not represent or warrant (expressly or impliedly) that the website or any of the StretchIQ content, or the facilities that make the website and the StretchIQ content available, will not cause damage, or are free from any computer virus or any other defects or errors, or that your access to the website or any StretchIQ content will be uninterrupted. To the maximum extent permitted by law, StretchIQ is not liable (whether in contract, negligence or otherwise) for any injury sustained by you in undertaking any stretch/exercise as published on the StretchIQ website or any loss or damage arising from the use of the website or any of its content. To the maximum extent permitted by law, StretchIQ's liability for breach of any implied warranty or conditions that cannot be excluded is restricted, at StretchIQ's option, to:

• the re-supply of the relevant goods or services; or
• the cost of the re-supply of the relevant goods or services; or
• any amount paid by you to StretchIQ in respect of the relevant goods or services.

You agree that in no circumstances will StretchIQ be liable for any indirect, incidental, special and/or consequential losses or damages of whatever nature arising out of your use of the website or of any of the StretchIQ content (including, but not limited to, losses or damages arising out of, or attributable to, an act or omission by StretchIQ).

This site may be accessed throughout Australia and overseas. We make no representation that the content of this site complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so on your own account and are responsible for ensuring compliance with all laws in the place where you are located.

Refunds and Consumer Guarantees

All payments made for content contained on the StretchIQ website are non refundable to the extent permitted by law.  This clause is not intended to exclude or limit any rights which a consumer may have under the Competition and Consumer Act 2010 (Cth) or equivalent State or Territory Laws. 

Indemnity

You agree to indemnify StretchIQ and our respective directors, officers, agents and affiliates from and against all claims, liabilities, costs and expenses (including legal costs on a full indemnity basis) resulting from your failure to comply with these Terms.

No Guarantees as to the Service

The website contains downloadable materials and links to external websites. StretchIQ is not responsible for, and has no control over, the content of downloadable materials or external sites. You understand that StretchIQ cannot and does not guarantee, warrant or represent that files or software of any kind, or from any source, available for downloading through the website, will be free of infection or viruses, worms, trojan horses or other code or defects that manifest contaminating or destructive properties.

Prices and Payments

All prices quoted on the website are quoted in Australian Dollars ("AUD") and are exclusive of GST. All payments to be made to StretchIQ must be in AUD and must be inclusive of GST. A payment to be made to StretchIQ must always be made in accordance with StretchIQ's payment terms that apply to that payment. Payments that are received in a currency other than AUD will not be accepted and any attempted registration by you in respect of the website or StretchIQ content will be delayed until correct payment is made. All prices quoted on the website are subject to change without notice. You should confirm the price of the product or service before placing an order for it.

Links to Third Party websites

The website may provide or facilitate links to other sites by allowing the user to leave the online service to access third-party material or by bringing the third-party material into an online service via "inverse" hyperlinks and framing technology (a "linked site").  StretchIQ has no discretion to alter, update, or control the content on a linked site.  The fact that StretchIQ has provided a link to a site is not an endorsement, authorisation, sponsorship, or affiliation with respect to such site, its owners, or its providers.  There are inherent risks in relying upon using, or retrieving any information found on the internet, and American Express urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.

StretchIQ will not be responsible or liable, directly or indirectly, for any injury, damage or loss caused or alleged to be caused by or in connection with, use or reliance on any goods or services available on or through any third party website.

Privacy

The privacy statement forms part of these Terms. Please read the privacy statement for more detailed information before using the website.  By using this website, you agree to StretchIQ's privacy statement. To view StretchIQ's privacy statement, visit www.stretchIQ.com/privacy.

You have a right to access your personal information which StretchIQ collects and holds about you.  If you wish to see your personal information, change or update your details or have any questions about the privacy policy, please contact:

The Privacy Officer
StretchIQ

Terrace 1 / 36 Bydown Street

Neutral Bay

NSW 2089

Australia

Email: admin@stretchiq.com   

StretchIQ may amend this privacy statement due to changes to our business or as the law requires. 

Any changes to this privacy statement will be updated on www.stretchIQ.com.

Security

When using the World Wide Web, the Internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of StretchIQ. You assume all risk and liability of your use of the World Wide Web, the Internet or any such third party networks, including any access to the website via such media.

Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use NAB Transact secure payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorised manner.

Severability

If any part of these Terms is held invalid, illegal or unenforceable, that part shall be severed and the remainder will continue to be valid and enforceable.

Applicable Law

This website will be governed by and construed in accordance with the laws of New South Wales, Australia. We make no representations that the materials on this website are appropriate for use in other locations. Those who access this website from locations outside of Australia do so at their own initiative and are responsible for compliance with local laws. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales, Australia.