TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Nicole Eva Brodie Nahum (which includes www.nicolebrodie.com, among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
Dietary Requirements
The Nutrition Guidelines, suggestions, tips and the like including 30 Fit and fabulous recipes for pre-pregnancy bliss are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Please contact us prior to purchasing if you are unsure whether this product is suitable for your dietary needs.
The Nutrition Guidelines, suggestions, tips and the like including 30 Fit and fabulous recipes for pre-pregnancy bliss are not formulated to suit the nutritional needs of pregnant or breastfeeding women. If required, we recommend visiting an Accredited Practicing Dietitian to help tailor a program specific to you and your baby’s needs. If you are no longer breastfeeding, please seek approval from your doctor before commencing The Nutrition Guidelines, suggestions, tips and the like including 30 Fit and fabulous recipes for pre-pregnancy bliss .
Please contact us prior to purchasing if you are unsure whether this product is suitable for your dietary needs.
WE DO NOT CLAIM THIS TO GUARANTEE OR IN ANY WAY GUARANTEE, PROMISE OR ASSIST WITH BECOMING PREGNANT, PREGNANCY, BEING ABLE TO CONCEIVE OR REPLACE ANY MEDICAL ADVICE.
PHYSICAL PRODUCTS TERMS & CONDITIONS
The Individual reserves the right to modify or change product specifications as required in order to improve our product range and availability. This will only be done when we consider the alternate product to be of equal or better quality. We recommend that you immediately inspect any product upon delivery to you to ensure that you are completely satisfied with the product, including that the product is of acceptable quality and matches the description of the product.
Satisfaction Guaranteed All products come with a 90-day warranty against breakage or manufacturing defect and a 30-day unconditional guarantee.
Requests for replacements of products must take place within 90 days from the original shipment date in order to receive a replacement. All products being returned must be returned in the condition received by you with all original packaging, accessories and/ or manuals.
Returns received more than one year after date of shipment will not be accepted and will be returned to sender.
Faulty Product
If you receive a product, which is faulty at time of delivery or faults within 90 days, other than by reason of fair wear and tear or misuse by you, please contact The Individual directly to arrange the return of the original item and a replacement product to be provided (subject to availability). All returns must be authorised by the Individual . Return costs of faulty products to be assessed will be at the expense of the Individual. Faulty products must be returned in the condition received by you with all original packaging, accessories and/or manuals.
Adjustment of Order Information
All orders are considered final at time of placement. Please check your details carefully before submitting your order. Should you need to make an adjustment to your order, please contact us via our website contact form immediately. Once an order is placed, there is no guarantee that it can be altered or changed in any way however, we will endeavour to accommodate where possible.
Please note contacting carriers directly is the responsibility of the customer.
Tax, duty and customs charges
Customers located international may be required to pay sales tax, duty and/or custom charges.
All Taxes and customs charges are the responsibility of the customer and are not included in the cost of the order or shipping charge. Taxes and customs charges differ depending on the state of the shipping address. We suggest contacting your local customs office if you are unsure of the applicable taxes and customs fees that are relevant to you. The Bikini Body Training Company is not responsible for any additional taxes and customs charges that are requested during the shipment of your order.
Goods Damaged/Lost in Transit
If any goods arrive damaged, please contact our Customer Care Team as soon as possible. The Bikini Body Training Company Pty Ltd will arrange to have the damaged goods returned to our office or manufacturer and a replacement of the product to be provided (subject to availability). Damaged goods must be returned in the condition received by you with all original packaging, accessories and/or manuals. You must notify The Bikini Body Training Company Pty Ltd of the damage within 48 hours of delivery providing full details of the damage along with your order/invoice number.
Refunds
Full 30 day refund policy.
1. You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by [Nicole Eva Brodie Nahum, (the “Individual”) and are the property of the Individual and/or its third party providers. You agree that such Individual Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Individual hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Individual/Website Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Individual. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Individual, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Individual.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Individual and/or a supplier to the Individual. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Individual Content and contained in the Site, including without limitation the name and trademark “Nicole Eva Brodie Nahum]”, are either the property of, or used with permission by, the Individual. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Individual and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Individual or third party owner. The Individual respects the copyright, trademark and all other intellectual property rights of others. The Individual has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify the Individual at [email protected] Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Individual uses reasonable efforts to include accurate and up-to-date information in the Site, the Individual makes no warranties or representations as to its accuracy. The Individual assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Individual and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Individual. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Individual, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Individual. No submission shall be subject to any obligation of confidence on the part of the Individual. The Individual shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Individual shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. TheIndividualwill not intentionally disclose any personally identifying information about you to third parties, except where the Individual, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Individual’s Privacy Policy, [INSERT COMPANY PRIVACY POLICY URL]. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE INDIVIDUAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE INDIVIDUAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE INDIVIDUAL SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE INDIVIDUAL SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THEI NDIVIDUAL RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE INDIVIUDAL IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE INDIVIDUAL ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE INDIVIDUAL DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE INDIVIDUAL. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE INDIVIDUAL RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE INDIVIDUAL IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE INDIVIDUAL MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE INDIVIDUAL’S REFUND POLICY. THE INDIVIDUAL SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THEINDIVIDUAL’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE INDIVIDUAL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Individual and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Individual may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Individual reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide theIndividual with such cooperation as is reasonably requested by the Individual.
13. The provisions of these Terms of Use are for the benefit of the Individual, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Last Updated: November 10, 2015