“ACL” means the Australian Consumer Law contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth);
“App” means the computer program or software application owned and operated by Joy by GG running on a mobile device downloaded through a Participating App Store;
“Contract” means any contract for the provision of the Program by Joy by GG to you;
“GST” means the goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999;
“Joy by GG” means Joy by GG Pty Ltd ACN 630 951 263;
“Member” means a user of the Services who registers as a Member and pays monthly fees in accordance with the Terms;
“Member Content” means content available only to Members and includes the Programs;
“Online Content” means all online content provided on the Site and the App and includes all Member Content, Member Submissions, the Programs and Linked Sites. Online Content may be in the form of text, photographs, images, graphics, videos and audio;
“Participating App Store” means the Apple App Store for iOS, the Google Play store for Android and any other mobile device application stores authorised by Joy by GG to distribute the App as a third party distributor;
“Programs” means the online courses on a variety of topics relevant to Joy by GG including health and wellbeing purchased via the Site or the App;
“Site” means the website owned and operated by Joy by GG located via the domain name www.joybyg.com; and
“Social Networking Services” means Facebook and any other social networking service used in member account creation, login or in relation to the provision of the Services.
1.The Services are owned and operated by Joy by GG.
2.Through the Site or the App you may:
2.1.view Online Content generally available to all users;
2.2.register as a Member;
2.3.access the Member Content;
2.4.access and purchase the Program;
2.5.contribute Member Submissions;
2.6.purchase goods or services provided by Joy by GG from time to time; and
2.7.communicate with Joy by GG.
3.Joy by GG may at any time, for any reason and without notice:
3.1.change, add to, remove or discontinue any part or feature of the Services;
3.2.change the hours of availability of the Services; and
3.3.terminate access to the Services of any user,
and Joy by GG has no liability for any costs, losses or damages of any kind arising as a consequence of such actions.
4.Subject to the Terms, Joy by GG grants you a limited, non-commercial, non-exclusive, non-transferable, revocable licence to access the Services for your personal non-commercial use through a generally available web browser or through a mobile computing device (such as a smart phone).
5.If you are not a Member, your licence does not extend to Member Content. If you are a Member, your licence extends to Member Content.
6.Joy by GG may terminate your licence at any time, for any reason and without notice.
7.Member Content may only be accessed by a Member.
8.To become a Member, you must register by following the prompts for registration on the Site or on the App.
9.Registration requires you to:
9.1.provide us with certain information, such as your name, contact details and credit or debit card details (“Member Information”); and
9.2.create a login and password.
10.You are responsible for maintaining the confidentiality and security of your login and password details and any and all activities on the Site or the App which occur under your login and password.
11.You must not share your login and password details with anyone, let anyone else access your account or do anything that might put the security of your account or the Services at risk.
12.You may access and modify your membership details from either the App or the Site.
13.If you wish to create and register for Membership via the App, you may do so manually or via a Social Networking Service by permitting access to that Social Networking Service profile to populate your account details.
14.Membership is non-transferable.
15.Joy by GG may terminate your membership at any time, for any reason and without notice.
16.You are responsible for all Member Information entered on the Site or the App. All Member Information you enter must be accurate, complete and not misleading. You are responsible for maintaining and updating your Member Information.
17.You must indemnify Joy by GG for any losses, costs, expenses or damages that it may suffer or incur if any of the Member Information provided by you is not correct.
18.Joy by GG reserves the right to remove your username or similar identifier in respect of your account for any reason.
19.You acknowledge sole responsibility for and assume all risk arising from your use of the Services.
20.Membership is billed on a monthly basis in advance for a monthly fee of AUD$19.99. Your membership automatically renews at the end of each billing cycle unless you cancel in accordance with these Terms.
21.All of our fees and charges include GST unless otherwise specified.
22.Payment must be made by a credit or debit card.
23.There is a 7-day free trial period applicable to new Members commencing on the date of registration as a Member.
24.We will collect your credit or debit card details upon your registration as a Member, but the first payment is due and payable on the 8th day of you becoming a Member.
25.The 7-day free trial period is available to new Members only and may only be applied once in resect of each individual.
26.You authorise Joy by GG (or a Participating App Store) to collect or deduct payment of the monthly fee from your credit or debit card when it becomes due and payable.
27.If you register as a Member via the App, all payments and refunds will be handled by the Participating App Store and you agree to be bound by their terms and conditions,including that payments will be charged to your account within 24 hours prior to the end of each billing period. You can manage and cancel your subscriptions by going to your Participating App Store account settings after purchase.
28.The Program start date is deemed to be the time at which you join.
29.You may cancel your membership with us by following the prompts on the Site, the App or via the Participating App Store:
29.1.no later than on the 7th day of your 7-day free trial period; or
29.2.at least 24 hours before the date when your next payment is due for all other payments.
30.When you cancel your membership, you will continue being a Member until the end of your current billing cycle.
31.Joy by GG does not provide pro rata refunds for partial monthly fees unless the membership was terminated by Joy by GG and the user was not otherwise in breach of the Terms.
32.If we attempt to collect payment from your credit card on the due date and the payment fails, we will attempt to collect payment over the following 7 days during which time you will still have access to the program. If payment is not successfully taken during this 7 day period, membership will be cancelled (but all outstanding fees will continue to be owed).
34.The Site and the App may contain links to other sites owned and operated by third parties and which are not under the control of Joy by GG (“Linked Sites”).
35.Joy by GG provides the Linked Sites as a convenience to you only and is not responsible for the material contained on the Linked Sites.
36.Unless specified, Joy by GG does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those Linked Sites.
37.The Linked Sites may have different terms and conditions and privacy requirements and you access the any Linked Sites at your own risk.
38.Joy by GG is not a party to any transaction between you and a Linked Site.
39.Joy by GG recommends that you consult with a medical practitioner or other provider if you have concerns in relation to the Services.
40.The Services are not intended as or to substitute for medical advice from a medical practitioner or other certified health care provider.
41.To the full extent permitted by law, Joy by GG disclaims any and all warranties, express or implied, regarding the accuracy, adequacy, reliability, completeness, timeliness or otherwise of the Services.
42.Joy by GG does not warrant, guarantee or make any representation that:
42.1.a user will achieve any result by using the Services;
42.2.the Services are suitable for your intended use;
42.3.the Services are free from human or mechanical error, technical inaccuracies or other errors or defects;
42.4.the Site, the App or the servers that makes the Site or the App available are free of software viruses or other defects;
42.5.the functions contained in any software contained on the Site and the App will operate uninterrupted or are error-free; and
42.6.errors and defects in the Site or the App will be corrected.
43.The Services are provided by Joy by GG in good faith on an “as is” basis without warranty of any kind and your use the Services at your own risk.
44.You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Services.
45.Joy by GG cannot guarantee device compatibility with the App, or smooth running of the App on the user’s wireless carrier.
46.If you are a consumer, nothing in the Terms restricts, limits or modifies your rights or remedies against Joy by GG for failure of a statutory guarantee under the ACL.
47.Nothing in the Terms is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods or services which cannot be so excluded, restricted or modified.
48.You acknowledge that you have not relied on any service involving skill and judgment, or on any advice, recommendation, information or assistance provided by Joy by GG in relation to the Services or their use or application.
49.Joy by GG will in no way be liable to any party for any injury, loss or damage arising out of or related to the use (or the inability to use) the Services. Under no circumstances will Joy by GG be liable for any direct, indirect, incidental, special or consequential loss or damage, including loss of programs or data, loss of business, business interruption, or lost profits.
50.Where liability cannot be excluded, any liability incurred by Joy by GG is limited to the re-supply of the Services or the reasonable costs of re-supplying the Services.
51.Joy by GG is not liable to you for:
51.1.errors or omissions in the Services;
51.2.delays to, interruptions of or cessation of the Services;
51.3.defamatory, offensive or illegal conduct of any user of the Site or App, whether caused through negligence of Joy by GG, its employees or independent contractors, or through any other cause.
52.Joy by GG will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
52.1.acting, or failing to act, on any Services; and
52.2.using or acquiring, or your inability to use or acquire, any Services.
53.You will at all times indemnify and keep indemnified Joy by GG and its respective officers, employees and agents (“Those Indemnified”) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
53.1.any breach of these Terms by you; and
53.2.publication of or distribution of the material and/or information supplied by you.
54.The Services may include material from third parties.
55.You agree that Joy by GG is not responsible for examining or evaluating the content or accuracy of the third party material and Joy by GG does not warrant and, to the fullest extent permitted by law, will not have any liability or responsibility for any third party material.
56. You agree that you will not use any third party material in a manner that would infringe or violate the rights of any other party and that Joy by GG is not in any way responsible for any such use by you.
57.© Joy by GG Pty Ltd 2019. All rights reserved.
58.You acknowledge and agree that all Services are protected by copyright, trade mark or other intellectual property rights and laws and remains the property of Joy by GG or third party suppliers as the case may be.
60.You may not modify or copy:
60.1.the layout of the Site or the App;
60.2.any computer software and code contained in the Site or the App.
61.Joy by GG reserves all intellectual property rights, including, but not limited to, copyright in the Services.
62.All trade marks which appear in the Services are proprietary to Joy by GG and/or its affiliates. Use of these trade marks without the owner’s consent will infringe the owner’s intellectual property rights. Nothing in the Services should be interpreted as granting any rights to use or distribute any names, logos or trade marks except with the express written consent of the respective owner.
63.If you have any questions, claims or complaints surrounding potential intellectual property infringement by Joy by GG or individuals, groups or companies interacting with the Services, you can notify us at email@example.com and we will respond within a reasonable time.
64.The publication of Joy by GG’s email addresses on the Site or the App is to facilitate communications relating to the Services supplied by Joy by GG. It must not be inferred as consent by Joy by GG to receive unsolicited commercial electronic messages.
65.You may be able to post reviews or comments on the Site or the App (“Member Submissions”). You irrevocably grant to Joy by GG a non-exclusive, royalty free, perpetual right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such Member Submissions throughout the world in any media. You expressly waive in favour of Joy by GG all moral rights in any jurisdiction.
66.You agree not to post any Member Submissions that contains any unlawful, threatening, abusive, defamatory, obscene or infringing material. If you do, you agree to indemnify Joy by GG for any losses, costs, expenses or damages that it may suffer or incur as a result.
67.Joy by GG may review, edit or delete any Member Submissions that Joy by GG, in its sole discretion, deems to be illegal, offensive or otherwise inappropriate.
68.From time to time, Joy by GG will offer the Program for sale.
69.These Terms apply exclusively to every Contract.
70.Any quotation, displayed price, order list or order confirmation provided by Joy by GG to you for the proposed supply of the Program is an invitation to treat only, and is subject to you placing an order which is your offer to enter into a Contract with Joy by GG on these Terms.
71. A Contract is formed when Joy by GG confirms acceptance of your order and receipt of your payment.
72.You must not purchase the Program for the purpose of re-supply or for any commercial purpose.
73.Joy by GG in its absolute discretion may refuse to accept any order from you.
74. You agree to pay for the Program in the manner specified in these Terms and on the Site or the App.
75.Prices displayed for the supply of the Program include GST and any other taxes or duties imposed on or in relation to the Program.
76.Payment for the Program must be made by credit or debit card immediately prior to confirmation of your order. You will not be able to access the Program until payment is received by Joy by GG.
77.You must be a Member to purchase the Program.
78.Joy by GG will make the Program available for access from the Site and / or the App.
79.Any period or date for the access of the Program stated by Joy by GG is an estimate only and not a contractual commitment.
80.Joy by GG will use its reasonable endeavours to meet any estimated dates for access to the Program but will not be liable for any loss or damage suffered by you or any third party for failure to meet any estimated date.
81.You must advise Joy by GG in writing within 72 hours after been advised that the Program is available for access:
81.1.of your inability to access the Program;
81.2. if the Program is defective; or
81.3. that the wrong Program has been made available.
82.If Joy by GG is unable to deliver or provide the Program, then it may cancel your order (even if it has been accepted) by notice to you. Such a cancellation is a termination of the Contract and Joy by GG will refund the price you paid for the Program.
83. No purported cancellation or suspension of an order or any part of it by you is binding on Joy by GG once the order has been accepted and payment confirmed.
84.You are legally entitled to a refund (or replacement, exchange or credit note) in limited circumstances. Please retain your online payment confirmation or credit or debit card statement as proof of purchase for these situations.
85.Joy by GG will not otherwise provide any refunds so choose carefully.
86.You acknowledge and agree that all Programs are protected by copyright or other intellectual property rights and laws and remain the property of Joy by GG or any third party suppliers (whatever the case may be).
87.Other than as required to use the Program for your non-commercial personal use, you may not and may not authorise any third person to:
87.1.copy, distribute, transmit, transfer, communicate, disseminate, display, perform, reproduce, publish, license, transfer, or sell the Program;
87.2.modify or make any alterations, additions or amendments to any part of the Program;
87.3.create derivative works from any content, information or software relating to the Program;
87.4.convert the Program into an electronic format other than the one in which it was supplied;
87.5.reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Program or reproduce all or any portion of the said components;
87.6.remove, alter, circumvent or tamper with any trade marks, copyright notices, copyright protection devices, disclaimers or other legal notices.
88.Regardless of whether the Program includes security technology that limits your use of the Program, you must comply with these provisions or you may infringe copyright.
89.By accessing and using the Services, you agree to submit to the non-exclusive jurisdiction of the Courts of Victoria. If you access the Services from other jurisdictions, you are additionally responsible for compliance with local laws.
90.Joy by GG’s failure to enforce the Terms shall not be construed as a waiver of any of its rights.
91.If any term is unenforceable it shall be read down so as to be enforceable or, if it cannot be read down, the term shall be severed from the Terms without affecting the enforceability of the remaining terms.
92.A notice must be in writing and handed personally or sent by facsimile, email or prepaid mail to the last known address of the addressee. Notices sent by pre-paid post are deemed to be received upon posting. Notices sent by facsimile or email are deemed received on confirmation of successful transmission.
93.Joy by GG may amend these Terms from time to time without notice. Any amendment will be effective immediately upon being posted on this Site and the App. Your continued use of the Services after any amendment becomes effective will constitute your agreement to be bound by these Terms as amended.