Up to the BEat Fitness

Up to the BEat Fitness(TM) is owned and operated by Smile (Aust) Pty Ltd ABN 72 600 069 127. The Up to the BEat Fitness website (www.uptothebeat.com) will be herein referred to as, “the Website” and “we” as Smile (Aust) Pty Ltd. The Website is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The Website gives users the ability, subject to these terms of use, to:

- Consume our Mind + Body and Nutrition blog content,
- Post comments,
- Access other generated content, including text, photographs, images, graphics, videos and audio content, and
- Purchase access to our workout DVDs and digital streaming downloads

    By using the Website and/or purchasing the products or online content, you signify your acceptance and agreement of these terms of use. By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are a parent or legal guardian and have given permission for any of your minor dependents to use the Website.

    Our Conditions of Use

    1. Medical Disclaimer

    1.1 It is important that before beginning any diet or exercise regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

    1.2 Nutritional information provided on the Website is taken from sources provided by third parties. Before relying on any nutritional information on the Website, you should carefully evaluate the accuracy, completeness and relevance of this information for your purposes, and consider the need to obtain appropriate expert advice relevant to your circumstances.

    1.3 You require a beginner level of fitness to follow the exercise programs and the like set out in our information service. Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through the Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

    - pregnant women and women who are breastfeeding or who are trying to conceive a child;
    - persons with any chronic physical condition;
    - persons suffering from chronic or long term illness;
    - persons with eating disorders;
    - persons recovering from or recently recovered from illness or injury

      Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime.

      2. Website Use

      2.1 These terms of use govern your right to use the Website and/or any products or services acquired in relation to the the Website and/or any links provided on the Website to other websites.

      2.2 In downloading any content from the Website to your computer, you do not receive any ownership rights to such content and by downloading any content you agree not to use the content for any unlawful purpose and you agree that your use of the Website is only for your personal use and not for any commercial or other use contrary to these Terms of Use and our legal rights in respect of the Website.

      2.3 You agree that if you download any content from the Website you will not reproduce, distribute in person, publish, republish, print, upload to any third party, post on any social media site or forum, or distribute or modify or otherwise deal with any content in the Website in whatever format, personally or otherwise, and/or provide it, or any part of it, to a third party that would otherwise infringe our intellectual property rights.

      2.4 You agree that in downloading any service or product from the Website, you will not rent, lease or lend it to a third party nor decompile, reverse engineer, modify or derive content from the Website and/or make it available over a network where it could be used by multiple devices at the same time

      2.5 You agree that your use of the Website will not violate any laws without limitation, including those governing competition, advertising, consumer protection laws, privacy, obscenity, spamming, stalking, intellectual property rights and/or defamation in Australia and when accessed in another jurisdiction the laws of that jurisdiction and Australian law, so far as the laws are not inconsistent, in which case you agree to be bound by the laws for Australia.

      3. Prohibited Uses

      3.1 In addition to conditions of use as set forth in the Terms of Use, 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, 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.

      4. Limitation of Liability

      4.1 Subject to the rights granted to you by statutory consumer protection legislation, which cannot be excluded, in no event shall we be liable to you for any injury, or incidental, undue damages, whatsoever including damages for loss of income, data, or personal injury or consequential damages except to the extent such limitation or exclusion of liability is not permitted by law.

      5. Indemnity

      5.1 You agree to indemnify, defend and hold harmless Smile (Aust) Pty Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable legal fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

      6. Personal Information

      6.1 Your submission of personal information through the Website is governed by our Privacy Policy. Click Here to read our Privacy Policy.

      7. User Comments, Feedback and Other Submissions

      7.1 If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

      (a) to maintain any comments in confidence;

      (b) to pay compensation for any comments; or

      (c) to respond to any comments.

      7.2 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

      7.3 You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website.

      7.4 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

      8. Third- Party Links

      8.1 Certain content, products and services available via the Website may include materials from third-parties.

      8.2 Third-party links on the Website 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.

      8.3 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.

      9. Errors, Inaccuracies and Omissions

      9.1 Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

      9.2 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

      10. Payments

      10.1 In purchasing any product or services from the Website you agree to:

      (a) pay using a valid credit card (or other form of payment as we may allow);

      (b) provide us with current and complete information as detailed in the purchase order form including full legal name, street address, telephone number, email address, credit card details and billing information as required and without limiting any of our rights and remedies if we discover or believe that any information provided by you is inaccurate or incomplete, we reserve the right to refuse to continue with your Purchase.

      (c) pay all costs, fees, charges, applicable taxes and other charges as may be incurred in respect of the Purchase; and

      (d) all costs are in $AUD unless otherwise indicated.

      11. Billing and Account Information

      11.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

      11.2 In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

      11.3 Smile (Aust) Pty Ltd will process all payments made, and will appear as Smile (Aust) Pty Ltd on the cardholder's statement.

      11.4 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.

      11.5 We expect that we use eWay &/or Paypal as our secure payment gateway providers for most financial transactions. We do not keep or access your credit card or other financial details. Please see our Privacy Policy for more information on how we use your information.  

      12. Shipping

      12.1 We strive to deliver our product and service in a timely and efficient manner. Please see our full shipping policy here for all details on delivery times, shipping carriers and pricing.

      13. Returns

      13.1 If you are unhappy with our services or products we will happily refund your money provided it is a reasonable request. Please see our full returns policy here.

      14. Changes to Products and Pricing

      14.1 Prices for our products are subject to change without notice.

      14.2 We reserve the right at any time to modify or discontinue the product (or any part or content thereof) without notice at any time.

      14.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the product.

      15. Termination

      15.1 Smile (Aust) Pty Ltd may in its sole and absolute discretion refuse purchases at any time and for any reason. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

      16. Changes to Our Terms of Use

      16.1 We reserve the right to update, change or replace any part of these Terms of Use  by posting updates and/or changes to the Website.

      16.2 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.

      Contact Us

      If you have any comments or questions with regards to the terms of use, please contact our customer services team:

      Smile (Aust) Pty Ltd

      PO Box 7282

      Bondi Beach NSW 2026.

      Email: hello@uptothebeat.com

      Ph: +61 2 8007 3424