Terms of service

Website Terms of Purchase

The following terms and conditions regulate the business relationship between You (You or Your) and Body Science International Pty Ltd (ABN 101 197 835) (Body Science) for the purchase of goods and/or services through Body Science’s website. Body Science’s Website Terms and Conditions of Use and Body Science’s Privacy Policy also apply to any transaction You may make and Your acceptance of these terms and conditions constitutes an acceptance of these. Any purchase of goods and/or services, acceptance of our quotation or payment of any invoices by You from Body Science shall be regulated by the terms and conditions outlined in this agreement.

1. Definitions

“Agreement” means these terms and conditions.

“Carrier” means any person or business used by Body Science to deliver goods and/or services from Body Science to You, whether all or part of the distance of the delivery. “Goods” means any goods offered for sale by Body Science.

“Services” means any services offered for sale by Body Science.

“Website” means this website or any other website through which Body Science offers for sale the Goods and/or Services.

“Written Material” means any informational material published by Body Science in any medium from time to time with a view to providing information to any customer or prospective customer of Body Science.

2. Our contract with You

2.1 Body Science shall accept orders placed by electronic transmission through the Website subject to the terms of this Agreement.

2.2 Before an order is placed Body Science will display on the screen a quote confirming the details of Your order including the price of the Goods and/or Services.

2.3 Body Science will notify You by email or phone if any Good/s is unavailable and offer an alternative item or a full refund.

2.4 Subject to clause 2.6, receipt of full payment of Your order by Body Science is evidence of a binding and enforceable agreement between You and Body Science, and this Agreement can only be modified by written agreement between You and Body Science.

2.5 If applicable, any Goods ordered by You from Body Science are at Your own risk from the moment they are picked up by a Carrier to be delivered to You. For the avoidance of any doubt, this means that You assume all costs and risks of loss and/or damage to the Goods from the point in time when the Goods are loaded onto the mode of delivery of the Carrier and up until the point in time when the Goods are delivered to You and are in Your possession. Body Science will retain title of the Goods until it has received payment in full for the Goods.

2.6 All clerical errors are subject to correction and will not bind Body Science.

3. Price and Payment

3.1 The price of any and all Goods contained in any Written Material of Body Science is subject to change from time to time at the sole discretion of Body Science. All our prices are in Australian dollars (AUD) and include GST (Goods and Services Tax).

3.2 Full payment of an order must be made and received by Body Science before the Goods will be provided and/or delivered to You.

3.3 Body Science agrees to pay banking charges by the receiving bank on payments to Body Science. All other charges relating to the payment of an order in a currency other than Australian Dollars will be borne by You.

3.4 You shall pay all sums due to Body Science under this Agreement by the means specified without any set-off, deduction or counterclaim.

3.5 You represent and warrant that if You are purchasing something from Body Science that i. any credit card information You supply is true, correct and complete, ii. You have express authority from the card holder to use this credit card, iii. charges incurred by You will be honoured by Your credit card company, and iv. You will pay the charges incurred by You at the posted prices, including any delivery fees and applicable taxes.

3.6 When purchasing from Body Science, Your financial details are passed through a secure server using the latest industry standard SSL (secure sockets layer) encryption technology. If You have any questions regarding our security policy, please contact Body Science using the details in clause 17.1.

4. Information You give Body Science

4.1 You agree that You have provided, and will continue to provide, accurate, up to date and complete information about Yourself to Body Science to enable Body Science to provide You with the Goods and/or Services ordered.

4.2 Body Science agrees to use reasonable endeavours to respond to any point of dissatisfaction by You in relation to any Goods and/or Services purchased.

5. Delivery

5.1 Where applicable, deliveries will be made by the Carrier to the address stipulated in Your order.

5.2 We will deliver to most addresses within Australia. All deliveries are made 8:30am to 5.00pm Monday to Friday by a Body Science chosen carrier. For orders placed before 4.00pm on a weekday, please allow from the confirmation of dispatch: i. 2-5 working days for delivery to a capital city in any State; ii. 5-10 working days for delivery to most large regional towns; and iii. 7-14 working days for delivery to other remote locations.

5.3 Please note that these delivery times are estimates only, and actual delivery times may vary.

5.4 If Body Science is unable to deliver Your Goods for whatever reason within 30 days of the date of Your order, Body Science shall notify You to arrange another date for delivery.

5.5 If the Goods ordered are not available to be delivered all at once, Body Science may, at its discretion and on its selected terms and conditions, deliver the Goods ordered in instalments.

5.6 Deliveries do not require a signature on receipt. Where possible Delivery should be to an address where someone is available to receive the Goods during business hours. In the event no one is available to receive delivery, the goods will be left on premises in the safest location available at the address You have stipulated on Your order. Body Science shall assume no responsibility for any lost or missing deliveries in this situation.

6. Shipping and Handling Costs

6.1 Our shipping and handling is a flat fee of $9.90 Inc GST, or FREE delivery on orders over $99.00 Inc GST, we encourage our customers to reach this amount to take advantage of the free delivery offer.

7. Cancellation of order, Return of Goods and/or Services

7.1 Once Body Science has received full payment of your order, then subject to your statutory rights under the Australian Consumer Law, you have no right and are unable to cancel, refund and/or modify your order. Body Science does not offer refunds simply in the event you change your mind or make the wrong decision. Body Science will accept exchanges for incorrect size and fit. Our freight policy for size exchange is You pay the cost of freight to us, we pay the cost of freight to You.

7.2 Notwithstanding clause 7.1, Body Science agrees to replace any Goods purchased from Body Science that are not of acceptable quality, have been wrongly described or do not otherwise meet the consumer guarantees contained in the Australian Consumer Law. You agree to contact Body Science promptly after becoming aware of this. Should this occur, Body Science may request proof of this alleged fault and/or defect as a condition of any refund.

7.3 Should You wish to make a claim relating to your product for (1) damaged in transport or (2) incorrect Goods received, this must be done within 24 hours of receiving your Goods by telephone or email. After confirming claims when receiving the returned Goods at our warehouse, we shall then promptly (a) re-supply the item(s) or (b) credit or refund the relevant invoice appropriately. Importantly it is always the customers responsibility to review the Goods received prior to their opening. Goods received, even in the event of incorrect supply, shall only be accepted back for re-supply or credit, if the Goods are unopened & in their original condition.

8. Compression Garment Guarantee, Warranty and Repair

8.1 Body Science compression garments come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Body Science International is a proud manufacturer of Australian made compression wear and has comprehensive quality control systems. If You are concerned about the quality of Your garment, please contact us.

8.2 All Body Science Compression garments have a six (6) month warranty against manufacturer defects, which covers material and stitched seams. This warranty does not cover friction or contact tears, other accidents or incidents, or natural wear and tear. This is a totally synthetic material which with regular use and ageing may have a slow loss of compression. Rinse with cool fresh water and drip dry out of direct sunlight before first use. Avoid contact with chlorine, bleach and any other solvents, naked flame, extreme heat, hot water washing, machine washing and washing detergent. WARNING: Cleansing skin after wearing garment is advisable.

8.3 Garments returned under warranty will either be replaced or repaired at our discretion. The cost of repairing a damaged garment will be evaluated on a case-by-case basis. Our freight policy for warranty is You pay the cost of freight to us, we pay the cost of freight to You. If garment is in need of repair outside of warranty, all freight is at the owner’s responsibility. Before returning garments for warranty or repair please contact us by phone or email to obtain a Return Authorization number and return address. Return Authorizations are valid for a period of 14 days. Garments should be returned to us at the nominated address, with a copy of the Return Authorization form detailing the proof of purchase and reason for return.

9. Disclaimers

9.1 Body Science may at any time and without any advance notice to You or any other person make improvements or changes to its Written Material or to any of the Goods.

9.2 You may have statutory rights under the Australian Consumer Law that do not permit Body Science to limit its liability to You in relation to any Goods it may supply to You. However, to the fullest extent permitted by law, in circumstances where Body Science is able to limit its liability, the maximum liability of Body Science for breach of those statutory rights is limited at Body Science’s option to: i. replacement of the Goods or the supply of equivalent Goods; ii. the repair of the Goods; or iii. the payment of the cost of replacing the Goods or acquiring equivalent Goods, or having the Goods repaired;

9.3 In all other circumstances, and to the fullest extent permitted by law, Body Science’s liability for a breach of this Agreement or any claim or loss (whether arising in negligence or otherwise) incurred or suffered by You in relation to, or arising out of, Your purchase of Goods through the Website, is limited to the amount of the transaction that gave rise to the loss or claim.

9.4 Except as expressly set out in this Agreement, and to the fullest extent permitted by law, in no event will Body Science be liable to You for any special, consequential or indirect losses, any loss of profits, loss of opportunity, loss of data, loss of goodwill or loss arising from business interruption, whether in contract, negligence or otherwise, which You suffer or incur as a result of, or in connection with, any conduct or omission by Body Science, or Your use of the Website, the purchase of any Goods and their use.

10. Indemnity

10.1 You indemnify and hold Body Science harmless in respect of any and all loss or damage suffered by Body Science, and any claims or demands that may arise against Body Science relating to or in connection with Your wrongful or negligent use of any Goods purchased from Body Science using the Website.

11. Severability

11.1 If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is not enforceable, and the remaining provisions of these terms and conditions shall remain in full force and effect.

12. No Waiver

12.1 The failure by Body Science to insist upon or enforce strict performance of any part of this Agreement will not be construed as a waiver of any right or remedy of Body Science in respect of any existing or subsequent breach of this Agreement.

13. Dispute Resolution

13.1 In the event of a dispute arising out of or in connection with these terms or any contract between You and Body Science, then You agree to attempt to settle the dispute by engaging in good faith with Body Science in a process of mediation before commencing any arbitration or litigation.

14. Force majeure

14.1 Body Science is not liable and is hereby released by You from any claim, liability or responsibility pursuant to this Agreement concerning any failure by Body Science to perform any obligation under this Agreement where such a failure is due to strike, lock-out, riot, industrial action, fire, storm, tempest, act of God, material shortage, government law or regulation or requirement or any other cause beyond the control of Body Science and no such failure shall entitle You to terminate this Agreement.

15. Entire agreement

15.1 This Agreement constitutes the entire agreement between You and Body Science for the purchase of the Goods and/or Services using the Website, and they replace all prior or contemporaneous undertakings or agreements, written or oral, regarding such purchase.

16. Variation

16.1 Any variation to this Agreement shall be effective only if accepted in writing by Body Science.

17. Governing Law and Jurisdiction

17.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Queensland, Australia. The parties submit to the non-exclusive jurisdiction of the courts of the State of Queensland.

18. Customer Service

18.1 You can contact Body Science by calling 1300 BODYSCIENCE [1300 263 972] or +617 55 860 700 between 8am and 4pm EST Monday to Friday, or by sending an email to customerservice@bodyscience.com.au

19.  EOFY Sale 2023 Terms and Conditions

Up to 50% OFF Sale includes all nutrition* + Plus every order between dates of 12/6/23 and 18/6/23 receives an entry into our Win A Trip To Bali Competition.

Sale excludes apparel and products already on sale (in the sale collection). Orders placed between 12/6-18/6 automatically enter the competition for a chance to win a Bali holiday. Must be over 18 & Australian resident. Discount auto applies in the checkout.

     

    TERMS AND CONDITIONS COMPETITIONS

    TERMS OF ENTRY

    1. These Terms and Conditions must be read together with the Schedule for this Promotion. The Schedule defines certain terminology used in these Terms and Conditions.
    2. Entry to the Promotion constitutes acceptance of these Terms and Conditions. By entering the Promotion, entrants accept and acknowledge full responsibility for their decision to participate in the Promotion and to take the Prize if they are the winner.
    3. To the extent of any inconsistency between the Schedule and these Terms and Conditions, the Schedule prevails.
    4. All entry instructions and prize information published by the Promoter form part of these Terms and Conditions.

    PROMOTION

    1. The Promotion is conducted by the Promoter.
    2. This Promotion will be advertised as outlined in the Methods of Advertisement.

    ELIGIBLE ENTRANTS

    1. Entry is open only to residents of the Eligible States and Territories who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the Relevant Parties are ineligible to enter.
    2. In the event entrants under the age of 18 are permitted to enter they must have permission from a parent or guardian to enter the Promotion and have obtained their consent to these terms and conditions.
    3. Any person who is discovered to have used or attempted to use any more than one name in order to enter any Promotion run by the Promoter except in the case of a legal change of name in this Promotion is ineligible to enter this Promotion.
    4. All entries to the Promotion may be subject to verification by the Promoter. An entrant must, within seven (7) days of being asked and at the Promoter’s cost, allow the Promoter to inspect and copy any documents that the Promoter may request establishing eligibility to enter the Promotion, including but not limited to receipts, evidence of age, residence and identity.
    5. The Promoter may decide in its sole discretion which documents are considered suitable for establishing eligibility to enter or win. In the event that the winner cannot provide suitable proof of eligibility, they will forfeit the Prize in whole and no substitute or compensation will be offered.

    ENTRY

    1. Entry to the Promotion commences on the Commencement Date and closes on the Closing Date (the Promotion Period).
    2. To enter the promotion, entrants must follow the Entry Method during the Promotion Period.
    3. An entrant’s entry must not be:
    4. late;
    5. delayed;
    6. incomplete;
    7. incomprehensible;
    8. unlawful or capable of violating any law or giving rise to a civil action;
    9. obscene;
    10. defamatory or libellous;
    11. threatening or harassing;
    12. pornographic or contain nudity;
    13. hateful;
    14. offensive against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference;
    15. incite or be capable of encouraging conduct that would be considered a criminal offence;
    16. in violation of the social media guidelines, rules or terms of service of the relevant social media site or platform used to enter the Promotion.
    17. An entrant may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately and must independently comply with these Terms and Conditions.
    18. The entrant warrants that their entry including the response and any photos, images or videos (“Entry Material”) is: their own original work; it is not copied in any manner from any other work; and does not infringe the copyright, moral rights, trademark rights or any other rights of any third party.
    19. Entrants retain all ownership in their Entry Material. However, by submitting their Entry Material, entrants hereby grant the Promoter an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of and display the Entry Material for the purposes of conducting and promoting this Promotion, awarding the Prize and advertising and marketing the Promoter or the Promotion on all media now known or later devised, in perpetuity.
    20. By entering the Promotion, entrants consent to any use of their Entry material by the Promoter which may otherwise infringe an entrant’s moral rights in the Entry Material, including (without limitation):
    21. Exercising any of the rights in the Entry Material without identifying the entrant; and
    22. Using the Entry Material in any way that the Promoter sees fit, even if it results in derogatory treatment of the Entry Material (as defined in the Copyright Act 1968 (Cth)).
    23. Each entrant warrants that:
    24. they have the full power and capacity to grant the rights, warranties and consents set out in these Terms and Conditions;
    25. the Entry Material is not, and its use by the Promoter (or the Relevant Parties) will not be, in breach of any third party intellectual property rights;
    26. they will fully indemnify the Promoter against any loss or damage suffered by the Promoter:
      1. in the event that any of the warranties given by the entrant are false;
      2. as a result of any breach of these Terms and Conditions by the entrant; and
    27. they have consent from each person appearing in the Entry Material (or if a person appearing in the Entry Material is under the age of 18, from that person’s parent or guardian).
    28. Entrants must ensure that their entries are received by the Promoter during the Promotion Period. All entries are deemed to be received at the time of receipt by the Promoter, not the time of transmission by the entrant. The Promoter takes no responsibility for late, lost, illegible, corrupted or misdirected entries or for any delays or failures in any telecommunications services or equipment. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred.
    29. If Entry is permitted via website or app is free. However, any costs associated with accessing a website or app in order to make their entry, are the responsibility of the person seeking access and are dependent on the service provider used.
    30. Entrants must make their website or app entries manually. The Promoter may reject an entry if it reasonably forms the opinion that the entry has been made using automated entry means or by use of a computer entry service.
    31. Should an entrant’s contact details change at any time between the date on which they enter the Promotion and the Unclaimed Prize Date, that entrant must notify the Promoter of their correct contact details immediately.
    32. Any entry that is made on behalf of an entrant by a third party, or otherwise by proxy, will be invalid.
    33. The Promoter may, at its absolute discretion, declare any or all entries made by an entrant to be invalid if the entrant:
    34. fails to establish their entitlement to win the Promotion to the Promoter’s satisfaction; or
    35. fails to produce items as required by these Terms and Conditions or produces items that appear to be illegible, stolen, forged, reconstructed, altered, incomplete or tampered with in any way; or
    36. appears, to the Promoter, to have tampered with, or benefited from tampering with, the entry process; or
    37. has submitted an entry that is not in accordance with these Terms and Conditions.
    38. By entering the Promotion, the winner and their guest agree that:
    39. if requested by the Promoter, the winner and their guest will:
    40. provide comments about the Promotion and/or a photograph or audio-visual clip of themselves; and
    41. participate in all promotional and publicity activity in connection with the Promotion;
    42. the Promoter may use their name, image, location, comments, photographs, Entry Material or clips (“Materials”) for publicity and promotional purposes in any form of media, without reference or compensation to the winner and their guest/s or any other person;
    43. the Promoter may use, reproduce, edit and communicate to the public the Materials at any time in any form of media;
    44. the Promoter may license, authorise or otherwise transfer the rights in the Materials to others (including the and Related Parties) to do the same; and
    45. the winner and their guest/s unconditionally and irrevocably consent to any act or omission that would otherwise infringe any of their moral rights in the Materials and waive all moral rights in the Materials.
    46. Use or any publication of entries during or after the Promotion Period (in any form of media) does not mean that an entrant has been selected as a winner in the Promotion, and that entrant may not be awarded a Prize.
    47. By entering this competition, entrants accept that their personal details will be shared with Promotion partners TripADeal and Verve Fitness, and may be used for the purposes of Marketing to you.

     

    WINNERS & JUDGING

    1. There will be the Number of Winner/s determined from all entries received during the Promotion Period. Each winner will receive a Prize.
    2. Each winner will be determined on the Determination Date by the Promoter at 4/24-30 Dover Drive, Burleigh QLD 4220, Australia. Each valid entry will be included in a random draw, as this is a Trade Promotion, run as a Game of Chance.
    3. The Promoter’s decisions are final and no correspondence will be entered into.
    4. The winner will be notified by phone/email within 2 days of the Determination Date.
    5. All reasonable attempts will be made to contact the winner. If the Prize is not claimed by the winner by the Unclaimed Prize Date, it will be awarded to another entrant by the Promoter on the Unclaimed Prize Date. The winner of the unclaimed Prize will be notified by phone/email within two (2) days of the Unclaimed Prize Date.

    PRIZE

    1. The Prize for this Promotion and the Total Prize Value is specified in the Schedule.
    2. All Prize values are correct as at the Commencement Date and are reflective of the recommended retail price and are in Australian dollars. The Promoter takes no responsibility for any variations in the Prize values.
    3. If a winner of a Prize is under the age of 18 years (where entry by persons under 18 is permitted):
    4. they must be accompanied on the Prize by a parent or legal guardian; or
    5. the Promoter may, at its discretion, award the Prize to the winner’s parent or guardian (who is aged over 18 years).
    6. Any guest/s that accompany a winner on any element of the Prize must be over the age of 18, unless expressly stated otherwise.
    7. The Prize must be taken as offered and cannot be varied. If the Prize (or any part of the Prize) is unavailable for any reason, the Promoter will, in its absolute discretion, substitute alternative goods or services of no lesser retail value and/or specification (subject to the approval of the authorities that have issued permits for the conduct of the Promotion). The Promoter accepts no other liability or responsibility for any loss incurred by the winner or any other party if the Prize (or any part of the Prize, if applicable) is unavailable for any reason.
    8. The Prize cannot be refunded or exchanged and, except as expressly permitted by these Terms and Conditions, cannot be taken as a monetary payment.
    9. Unless expressly stated all other costs and expenses associated with taking the Prize become the responsibility of the winner.
    10. The Prize must be claimed by the winner by the Unclaimed Prize Date. All aspects of each Prize must be taken together as a package. In the event that for any reason whatsoever the winner does not take the Prize or an element of the Prize at the time stipulated by the Promoter, the Prize or that element of the Prize will be forfeited by the winner.
    11. The Prize may be transferred at the Promoter’s sole discretion. In the event that the Promoter exercises its discretion to allow the winner to transfer the Prize, the transfer will be on the condition that the transferee accepts all terms and conditions set out in these Terms and Conditions and the Promoter may require such acceptance in writing at its absolute discretion.
    12. The winner is advised that tax implications may arise from them winning the Prize and they should seek independent financial advice prior to accepting the Prize. Where the operation of this Promotion results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office’s stated view that where the parties are at arm’s length, goods and services exchanged are of equal GST inclusive market values.
    13. Once the Prize has left the Promoter’s/Prize supplier’s premises, the Promoter and the Relevant Parties will not be responsible for any delay in delivery or loss or damage to the Prize.
    14. If the Determination Date or Unclaimed Prize Determination Date is a public holiday, the determination will be conducted on the following business day.
    15. The Prize cannot be used in conjunction with any other discounts or special offers.
    16. Any cash component of the Prize will be issued to the winner as a cheque in the winner’s name and crossed “not negotiable.”
    17. The Prize will be awarded to the winner in the Promoter’s sole discretion.
    18. Prizes may not, without the prior written consent of the Prize supplier and the Promoter, be resold or offered for resale at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services. If a Prize is sold or used in breach of this condition, the Promoter or the Prize supplier may, at their absolute discretion, withdraw the Prize. Where a ticket has been withdrawn in accordance with this clause no refund, substitute or compensation will be offered and the winner and any person who has purchased or otherwise bears that ticket may be refused entry.

    TRAVEL PRIZE

    If the Prize includes any travel, the following terms will apply (where applicable):

    1. Unless expressly stated, all costs and expenses associated with taking the Prize become the responsibility of the winner and their guest including but not limited to: additional taxes (excluding departure and any other flight-associated taxes, where flights are included in the Prize); costs associated with inoculations, passports and/or visa applications; transfers; travel insurance; spending money; meals; transport to/from an airport departure or return point; any extra sightseeing or activities; and all other incidental and ancillary costs incurred by the winner and their guest as a direct or indirect result of taking the Prize.
    2. The winner and their guest must ensure that they have valid documentation for travel, including but not limited to valid passports and visas, which meet the requirements of immigration and other government authorities at every destination. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of those authorities will be the sole responsibility of the winner and their guest. If the winner or their guest are refused entry to the destination country for any reason or prior to their departure from Australia are not granted a visa, where applicable, they will forfeit the Prize and no compensation or substitute will be offered.
    3. If the winner and/or their guest determine that travel insurance is required they will be responsible for arranging and paying for such travel insurance.
    4. If the Prize includes international or domestic travel, the Prize cannot be taken during peak periods or any travel ‘blackout’ periods applying which will be specified by the Promoter or applicable prize provider, and must be booked and completed as specified by the Promoter and/or the prize provider or organiser of the Prize. Itinerary may have to be adjusted.
    5. All travel must be taken or completed by any dates specified by the Promoter and/or prize supplier and is subject to availability. If the Prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter.
    6. The Promoter is not responsible for any cancellation, changes, delay or rescheduling of events, travel, activities and flights and any costs incurred as a result (including, without limitation, accommodation costs and any amendment fees issued by airlines or suppliers once booking is confirmed and ticketed) will be the sole responsibility of the winner and its guests. In the event that one or more event or activity is no longer available, the remainder of the prize shall constitute the complete and total Prize.
    7. If the winner or their guest is a resident of the city/state where Prize is to take place, they will forfeit the domestic flight component of the Prize and no substitute prize will be offered.
    8. Frequent Flyer points are not available for any of the flights included in the Prize.
    9. Airline tickets included in the Prize cannot be used as part-payment of another airfare.
    10. Any travel and accommodation constituting part of a Prize (if applicable) are subject to booking availability, availability of select seat class with airlines or specific room category availability with accommodation partner.
    11. The winner and their guest must travel at the same time (including flights and accommodation) and participate in the Prize together at all times. Any accommodation will be one (1) room to be shared by the winner and their guest. All components of the travel Prize must be taken together and when offered or are forfeited. Any element of the Prize not taken will be deemed to be forfeited.
    12. The winner and their guest must depart from and return to the same capital city airport in Australia, being the capital city airport that is closest to the winner’s place of residence.
    13. If the winner and/or their guest miss any of the arranged flights or any other travel component, the winner will forfeit the Prize (at the Promoter’s sole and absolute discretion).
    14. Unless otherwise specified in the Schedule above, it is the winner's responsibility to organise transport to/from the airport departure/return point.
    15. Redeeming the Prize and any tickets, passes or vouchers issued as part of the Prize is conditional on acceptance of terms and conditions as detailed by the Promoter, any prize providers and the airline carriers in accordance with normal travel practices.
    16. A credit card imprint or cash deposit may be required from the winner and/or their guest at check-in to the hotel, for all incidental charges.
    17. The Promoter makes no representation as to the safety conditions or any other conditions that may exist at any destination.
    18. The winner and their guests must follow all reasonable directions given by the Promoter and any prize supplier during the course of their participation in the Prize, including all directions in relation to health, age, behaviour, safety and legal and responsible consumption of alcohol. No compensation will be payable if the winner and/or their guest/s are unable to use any element of the Prize as stated for whatever reason, including refusal of entry or departure into or out of the relevant country or participation in any other activities for health, age, behaviour or safety reasons. If the winner or their guests fails to participate in the Prize in the manner required, as stated in this condition and/or in the reasonable opinion of the Promoter or any prize supplier, the balance of the Prize will be forfeited with no compensation payable.

    EVENTS

    If the Prize includes attendance to any event/s, the following terms will apply:

    1. Attendance must be taken to coincide with that event. Prizes are only valid on the dates advised by the Promoter and can only be redeemed in accordance with the Prize supplier’s terms and conditions.
    2. D to enter the venue is required. The venue reserves the right to refuse any person entry into the venue, including, but not limited to, those who appear drunk or intoxicated.
    3. Dress standards apply (at the discretion of the venue).
    4. The Promoter will not be liable and takes no responsibility for any refusal of entry by the venue of any person for any reason.
    5. Responsible services of alcohol laws will be strictly enforced.
    6. If any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter’s discretion, the relevant winner (and their guests, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the Prize.
    7. If the Prize involves the winner and any guests (if applicable) attending an event, meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their guests, if applicable) to meet that person or failure of that person to attend the function, for whatever reason.

    Clothing Products

    1. If the Prize includes clothing or accessories, the size and style of the clothing/accessories included in the Prize will be determined at the sole discretion of the Promoter.

    Apple Products

    1. If the Prize includes an Apple product, entrants acknowledge that Apple is not a participant in or sponsor of this Promotion.

    General

    1. The Promoter reserves the right to take any action necessary in its sole discretion at any time.
    2. Entrants acknowledge that there may be inherent risks in some aspects of the Promotion and that participation in the Promotion and/or using the Prize may involve participating in dangerous activities. By entering this Promotion and/or accepting the Prize, entrants accept that risk.
    3. The winner and their guests must declare to the Promoter and/or any prize supplier any health-related issues that may affect their safe participation in any part of the Promotion or Prize (where applicable) and obtain a written clearance from their doctor in this respect. The Promoter (upon consultation with any relevant qualified person) reserves the right to refuse to allow a winner or their guest to take part in an aspect of a Prize, if the Promoter determines, that a winner is not in the mental or physical condition necessary to be able to safely participate in that aspect Prize.
    4. In order to participate in this Promotion and/or the activities which may be awarded as part of the Prize, the winner (and their guest/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity.
    5. It is the entrant’s responsibility to ensure that they (and their guest/s, as applicable) are sufficiently healthy and fit so as to safely participate in this Promotion, any Challenge and/or undertake the activities awarded as part of the Prize.
    6. If the Promoter becomes aware after an entrant has won a Prize that the entrant has not complied with these Terms and Conditions, that entrant will have no entitlement to the Prize, even if the Promoter has announced them as a winner. That entrant will be required to return, refund or otherwise make restitution of the Prize.
    7. The Promoter reserves the right to verify the validity of any entries and in its sole discretion, disqualify any or all entries from, and prohibit further participation in this Promotion by, any person who: (a) tampers with or benefits from any tampering with the entry process or with the operation of the Promotion; (b) acts in violation of these Terms and Conditions; (c) acts in a disruptive manner; (d) acts with the intent to annoy, abuse, threaten or harass any other person; or (e) engages in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
    8. To the full extent permitted by the law the Promoter and the Relevant Parties will not be liable for any loss, damage, claim, cost, expense or personal injury suffered or sustained (including, but not limited to, that caused by any person’s negligence) by any entrant in connection with the Promotion or the Prize, including:
    9. any indirect, economic or consequential loss or loss of profits;
    10. any loss arising from the negligence of a Relevant Party; and
    11. any liability for personal injury or death.
    12. If, for any reason, the Promotion is not capable of running as planned, including, without limitation, due to infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes beyond the control of the Promoter that corrupt or affect the administration, security, fairness or integrity, or proper conduct of the Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process or take any other action, including to cancel, terminate, modify, or suspend the Promotion (subject to any direction given under the relevant State/Territory permit regulations).
    13. The winner acknowledges that the Prize may be subject to additional terms and conditions imposed by third parties. The winner and guest must become acquainted with any such additional terms and conditions prior to taking the Prize and the winner and guest agree to be bound by such terms and conditions. The Promoter does not accept any responsibility and is not liable for any additional conditions imposed on the taking of the Prize, or for the breach of those conditions by any person.
    14. Except for any liability which cannot be excluded by law, the Promoter is not responsible for:
    15. any problems or technical malfunction with any telephone network or lines, computer online systems, servers or providers, computer equipment, or software, or any technical problems or traffic congestion on any computer system or at any website, or any combination thereof, including (but not limited to) any injury or damage to participants or any other person’s property related to or resulting from participation in the Promotion;
    16. any incorrect or inaccurate information, caused either by users, by any of the equipment or programming associated with or used in connection with the Promotion, or by any technical error that may occur in the course of the Promotion; or
    17. any error; omission; interruption; deletion; defect; delay in operation or transmission; communications line failure; theft; or destruction or unauthorised access to, or alteration of, entries or entrants’ details.
    18. Any attempt to cause damage to any website or the information on any website associated with this Promotion or to otherwise undermine the fair and legitimate operation of this Promotion may be a violation of criminal and civil laws. The Promoter reserves the right to seek damages in the fullest extent permitted by law in the event that any such attempt is made, whether or not that attempt results in any such damage, interference or undermining.
    19. The Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any Prize and will not accept responsibility for the quality or fitness for any purpose of any Prize, or the failure of any Prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them.
    20. These Terms and Conditions are governed by the laws of Queensland. The Promoter and all entrants irrevocably submit to the non-exclusive jurisdiction of Queensland.
    21. These rules are Terms and Conditions and constitute the entire terms and conditions between the entrant and the Promoter with respect to the Promotion. The Promoter may alter, modify, or amend these Terms and Conditions at its sole discretion and will only provide entrants with notice of substantial amendments (subject to the approval of the authorities that have issued permits for the conduct of the Promotion).
    22. Except for the ‘Entry Material, all entries become the property of the Promoter.

    PRIVACY

    1. The Promoter is bound by the Australian Privacy Principles in the Privacy Act 1988. Entrants’ personal information will be collected, used and disclosed as set out within these Terms & Conditions as well as that in the Body Science International Privacy Policy https://www.bodyscience.com.au/privacy-policy
    2. Each entrant must ensure that any other person whose personal details have been provided by the entrant to the Promoter for the purposes of the entrant’s participation in this Promotion has given their express consent for their details to be provided to the Promoter and any of the Related Parties and to be contacted by the Promoter or any of the Related Parties in relation to this Promotion.