Terms & Conditions

Well-being by Bec Fletcher Terms & Conditions

1. Your Acceptance

The following Terms and Conditions relate to the provision of any Services or sale of Products (including physical Products or downloadable material or material capable of internet streaming) from the Well-being by Bec Fletcher website (www.wellbeingbybecfletcher.com.au) also referred to as “the site” or “the website”. Rebecca Fletcher, trading as Well-being by Bec Fletcher (ABN: 37 213 719 317) may hereinafter be referred to as “we”, “our”, “us”, “site owner” or “Well-being by BF”, is the owner and operator of the Site, and any Services provided thereon and you “you”, “your” or “user(s)”, are a user of the Site and/or consumer of our Services.

These Terms and Conditions and our Privacy Policy apply to your use of the website and related Services. By using the Services, you signify your acceptance of our Terms and Conditions and Privacy Policy. If you do not agree to our Terms of Conditions and/or Privacy Policy, then you must cease use of this website and its Services immediately. We reserve the right to change/amend the Terms and Conditions and our Privacy Policy from time to time, and any updated or amended terms will apply to your use of our website and the Services from the date on which the modified Terms and Conditions are published on the website. We will notify subscribers when changes are made. It is your responsibility to read and understand the Terms and Conditions and Privacy Policy and to review any updates when they become available.

2. Your Representations

You represent and warrant that:

  • You are at least 18 years of age; and

  • You will use this website and the Services in accordance with these Terms and Conditions.

3. Use of the Services 

To use our Services, you must either:

  • Register your details with Well-being by Bec Fletcher Newsletter; 

  • Access a video link sent by us;

  • Access pre-recorded Pilates classes, Massage Routines, Guided Meditations or other such type of pre-recorded content through the Online system, YouTube or other similar platforms; or 

  • Register for Well-being by Bec Fletcher Online through Momence software/app or through our Site. 

You may only use the Services for your information and personal use and must not be used in connection with any commercial purposes, except if specifically approved by Well-being by Bec Fletcher in writing.

In consideration for the payment of licence, membership or subscription fees specified by us (if any), we grant to you access to Well-being by Bec Fletcher Online, subject to these Terms and Conditions, during the membership period chosen by you on our Site (“Subscription”). Depending on the level of membership you have chosen, you may not have access to all content on the Site or otherwise be restricted from some functionality.

You may change your Membership at any time and your changes will be applied to your next Membership period. You may cancel your membership at anytime. There are no lock-in contracts. More information is under Section 6 of these Terms and Conditions.

We may change the fees payable at any time on notice to you, and those fees will apply to any subsequent transitions. If you do not accept the change in fees, you must cancel your Membership and/or cease using the relevant Services before those new fees become effective.

You agree that we may suspend, terminate and/or cancel your registration at any time, for any reason in our sole and absolute discretion, including, but not limited to, if you fail to pay your subscription fees, if your account details are incorrect, if you are found to be misusing the website and its Services without any liability to you. Upon terminating, suspending and/or cancelling your registration, you will not be permitted to use any features or functionality of Well-being by Bec Fletcher Online or our Services.

4. Our Content

All materials on our Site and Online/On Demand platform, our social media accounts, or as otherwise available to you via the provision of the Services, including but without limitation to videos, images, text, illustrations, trade marks, business names, domain names, copyright, designs and any other intellectual property displayed on or incorporated into the website of the Services (“Our Content”) is either owned by us or licensed to us.

You must not copy, reproduce, adapt, transmit, distribute, distort, modify or otherwise use Our Content for any purpose or in any way not expressly stated in these Terms and Conditions.

 

5. Your Content/Personal Information

Nothing in these Terms and Conditions affects the ownership of any words, images, information or other materials that you post or submit to the Site, or otherwise provide to us (“Your Content”). By providing Your Content to us, you:

  1. represent that any information comprising Your Content is complete, true and correct;

  2. acknowledge that we will rely on Your Content in entering into any agreement or transaction with you;

  3. warrant that you own or have the right to use Your Content that you submit on or via our Site and social pages or otherwise provide to us, and that our use of Your Content will not infringe anyone else’s rights; and

  4. grant us a world-wide, non-exclusive, perpetual, irrevocable, royalty-free licence to use, publish, reproduce, modify and communicate Your Content for the purpose of operating Well-being by Bec Fletcher Site and our business, including by providing and promoting our Services. 

Your Content will only be made publicly available if you post it in a public place on Well-being by Bec Fletcher Online, on our social media accounts, website or otherwise provide it to us. 

6. Delivery of Subscriptions/Memberships

Unless otherwise specified on the Site, your Subscription/Membership will be ongoing and renew automatically at the end of each membership period for such time as you continue to pay all applicable fees, unless and until your membership is terminated by you or by us.

ALL PURCHASES, INCLUDING RECURRING CHARGES, ARE FINAL AND NON-REFUNDABLE.

  1. 50% OFF First 2 Months Offer
    The NEW MEMBER offer, 50% OFF First 2 Months, is available to new and first-time members only. Individuals who have previously registered, including, but not limited to, individuals using different email addresses, will not be eligible and will be charged from the date of which they re-register. The NEW MEMBER offer is only available on the Well-being Online Monthly Membership. Please note that Well-being by BF reserves the right to change and/or subtract this and any other offer presented on this site at anytime without written notice.

  2. The Cleanse Series Offer - 7 Days FREE
    7 Days FREE access to The Cleanse Series is only available to participants of Juice Quest Cleanses. Use the code on pamphlet supplied in your Cleanse box to redeem your 7 Days FREE. You may choose to participate in The Cleanse Series every time you cleanse with Juice Quest. Individuals who are found to be using the FREE access code who are not actively participating in a Juice Quest Cleanse Program are not eligible and will either be offered to pay for access or will have their access to the site revoked. Whether you are offered access via payment or have your account unregistered is up to the discretion of Well-being by BF.
    Please note that Well-being by BF reserves the right to change and/or subtract this and any other offer presented on this site at anytime without written notice.

  3. Recurring Subscription Memberships
    All memberships; monthly, bi-annual (6 month) and annual (1 year), are recurring subscriptions and automatically renew at the end of each period. After processing your payment, you will be granted access to Well-being by Bec Fletcher Online content. Additional information about Well-being by Bec Fletcher can be found within our Site.
    To the extent permitted by applicable law, subscriptions/memberships automatically renew for the membership period until you cancel.

  4. How to Decline Renewal
    To pause or cancel a membership, visit your account settings. Your changes will be applied to your next membership period.

  5. Membership Upgrades
    You can choose to upgrade your membership at any time. This will start a new membership, starting from the day you upgrade. Your previous membership type will be cancelled and any unused portion will be refunded to you.

  6. Discounts
    We may offer discounted Services or Products. If we provide a discount for the first membership period, you must pay the discounted fee; in any renewal, you must pay the full fee. If we offer a discount code, you may only use the code for the time it is active. Inactive codes will not be accepted and you will be expected to pay for the Service/s and or Products in full. 

  7. In-App Purchases
    We may allow you to purchase membership within apps you download. When you make such “in-app” purchases, you will be billed by the app platform, not us. To turn off automatic renewal for memberships, access your platform’s account settings. Any billing inquiries should be directed to the app platform.

  8. Cancel Anytime
    None of our Subscriptions/Memberships on our Site have locked-in contracts. You may choose to cancel at anytime. Please note that cancelations can take 24 hours to come into effect. We recommend cancelling 24+ hours before your next membership billing date. Billing periods/dates can be found in your account profile. If you have any queries you may contact us by email at hello@wellbeingbybecfletcher.au.

7. Liability

We do not warrant that there will be no interruptions or disruptions to your use of the Services, or Our Content, or that the Services, or Our Content will be free of viruses. We make no promises regarding correctness, completeness, reliability or otherwise regarding your access to the Site or your use of it. We are not liable to you for any loss claimed or incurred by you or others as a result of any lack of availability. This includes problems caused by third party providers (including, but not limited to Zoom, YouTube or Momence). 

You acknowledge and agree that, subject to the non-excludable provisions of the Australian Consumer Law (Schedule 2 of the Consumer and Competition Act 2010 (Cth)), any other non-excludable term implied by law, Well-being by Bec Fletcher and all of our Services are provided on an "as is" basis without warranties of any kind, either express or implied, and we exclude all warranties, representations, and liability of any kind (including in negligence) in connection with the Services and the website. 

To the extent that our liability cannot be excluded by law, our liability is limited to the lesser of: (a) the amount covered by our professional indemnity insurance policy and (b) the total amount you have paid for the relevant Services.

You agree to indemnify us (including our directors, officers, employees, contractors, assigns, and related bodies corporate) (Well-being by Bec Fletcher Parties) from and against any and all claims (including in negligence), liabilities, costs, expenses (including legal fees) and loss suffered or incurred by the Well-being by Bec Fletcher Parties and arising from or in connection with (a) your use or and access to the Services; (b) your breach of these Terms and Conditions or any applicable law; (c) your breach of anyone else’s intellectual property rights; and (d) any claim, action, demand or proceedings instituted against us as a result of your use of Well-being by Bec Fletcher Online or the Services.

8. Liability/Medical Clearance (copy of Liability waiver signed when joining a membership or physical class/event)

You acknowledge that Pilates, Stretch, Self-Massage, Yoga and other offered activities (including movement practices, retreats, workshops, meditation, energy work and fitness) are not a substitute for medical examination, diagnosis or treatment. By signing the waiver and by using this site you acknowledge and agree to the following: 

  1. Practice and participation in classes/workshops/events and other offered activities by Rebecca Fletcher, trading as Well-being by Bec Fletcher, may involve risks. You understand that a workout (whether online/on-demand or in-person) may be physically strenuous and you voluntarily participate in them with full knowledge that there is a risk of personal injury.

  2. You agree to inform Well-being by Bec Fletcher, on an ongoing bases, of any injury and/or health condition that may affect my ability to participate fully in the services provided by Well-being by Bec Fletcher. You agree to notify Well-being by Bec Fletcher as soon as possible should there be any changes in your health or medication that could preclude you taking part in the services provided by Well-being by Bec Fletcher.

  3. You understand it is your responsibility to consult with a physician prior to and regarding your participation in any physical activity. You represent and warrant that you are physically fit and have no medical condition which would prevent your full participation in the activities with Well-being by Bec Fletcher. A licensed physician has verified your good health and physical condition to participate in activities offered by Well-being by Bec Fletcher. (Pre natal and post natal clients must consult with their physician and have received verbal clearance to perform in physical exercise.)

  4. You am responsible for maintenance of your own safety and will respect your own personal limits and stop physical activity before you become ill or injured. Well-being by Bec Fletcher may offer hands-on assists and adjustments to assist my body to move safely and/or more effectively. It is your responsibility to adequately inform and remind Well-being by Bec Fletcher if you wish not to experience hands-on assistance.

  5. You hereby release Well-being by Bec Fletcher from any and all liabilities, claims, demands, legal actions, or rights of actions of any kind whatsoever for personal injury, property damage/loss, or wrongful death in connection with participation in activities and services with or by Well-being by Bec Fletcher whether caused by negligence or otherwise. This extends to any and all of the Well-being by Bec Fletcher affiliates, independent contractors, lease facilities, retreat venues, event venues, and their respective representatives, directors, officers, sponsors, agents, employees/staff, volunteers, contractors or representatives.

  6. Unless otherwise notified, your signature, or acceptance of these terms electronically, grants permission to Well-being by Bec Fletcher and representatives to utilise any photographs, motion pictures, video, recordings and other references or records of activities with and at Well-being by Bec Fletcher classes/workshops/events that may depict, record or refer to you for any purpose (“likeness”), including commercial use. You agree to notify Well-being by Bec Fletcher if you do not wish to be photographed or filmed. 

You have fully read and understood the above release and waiver of liability. You are 18 years or older. You are aware that by signing or electronically accepting this agreement, you are waiving certain legal rights you or your heirs, next of kin, executors, administrators and assigns may have against Well-being by Bec Fletcher. You are signing/accepting this agreement voluntarily and recognise that your signature or electronic acceptance serves as complete and unconditional release of all liability to the greatest extent allowed by law in the state of South Australia and the country of Australia. Signing/electronic acceptance also provides consent for Well-being by Bec Fletcher to email you with reminders and special offers. 

8.a. Further Medical Clearance Information regarding use of Well-being by BF Online

  1. MEDICAL CLEARANCE - All content on our Site is for informational and educational purposes only. Any statements appearing on our Site or in our Services have not been evaluated by any other national or international agencies. None of the content, Services or Products offered on our Site are meant to diagnose, treat, alleviate or relieve any medical or health conditions, nor guarantee any particular outcome or results. You understand that all Services provided by Well-being by Bec Fletcher, require physical and mental exercise and movement. Accordingly, you are advised to seek the advice of a doctor or other healthcare professional before beginning any physical exercise, routine, or using any suggested equipment, shown in any of our Services. All suggestions and comments relating to the use of equipment, poses, moves and instruction are not required to be performed by you and are carried out at your sole discretion while participating in the Services. Nothing contained in our Services or on our Site should be construed as any form of such medical advice or diagnosis. 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 fitness program. 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 our Site. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. 

  2. YOUR acknowledgement - You acknowledge that by accessing our information and Services you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of our Site, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. This is a risk warning pursuant to the Australian Consumer Law. You assume all risks in connection with your accessing our information and Services. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill. You acknowledge that you are fully liable for all medical expenses as a result of any injury incurred during your participation in the Services offered and you expressly waive and release any claim that you may have at any time for injury of any kind against us.

  3. PRE/POSTNATAL - If you are pregnant, breast-feeding or post-pregnancy you must consult your doctor or a qualified medical professional before using any of our Services. You warrant that by registering for a class or participating in and of our Services, you have received medical clearance from your doctor or a medical practitioner that you are fit and well to engage in such activities. If requested, you must provide us with written medical clearance from such practitioner. As a guide and in addition to, but not to replace or contradict, any medical advice received from your doctor or a qualified medical professional:

    • Avoid exercise in warm/humid environments, especially during the 1st trimester;

    • Avoid isometric exercise or straining while holding your breath;

    • Maintain adequate nutrition and hydration – drink liquids before, during and after exercise;

    • Know your limits – pregnancy is not a good time to train for athletic competition; and

    • Know the signs to immediately stop exercise and consult your doctor or a qualified medical professional as soon as they occur:

i) Excessive shortness of breath

ii) Chest pain

iii) Painful uterine contractions (more than 6-8 per hour)

iv) Vaginal bleeding

v) Any “gush” of fluid from vagina (suggesting premature rupture of the membranes)

vi) Dizziness or faintness

  • If you are postpartum, you must have had your 6 week postpartum checkup with your doctor and be cleared by your doctor to start exercise.

9. Electronic Signature Consent

By checking any box on our Site or within the Momence software relating to waivers, acknowledgment of information or similar, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking any of the above mentioned boxes, you are waiving that right. After consent, you may, upon written request, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use electronic signature for any documents with Well-being by Bec Fletcher will continue until such time you notify, in writing, that you no longer wish to use an electronic signature. There’s no penalty for withdrawing your consent. You should always make sure that a current email address is on file in order to contact you regarding any changes, if necessary. You may contact us regarding your contact details or copies of waivers at hello@wellbeingbybecfletcher.au.

10. Our Reliance on Your Accuracy of Information

You acknowledge that our Services are provided on the basis of the accuracy and completeness of the information that you provide us, following our evaluation of that information. You further acknowledge that your failure to provide accurate or complete information may adversely affect the quality, efficacy or suitability of these Services. You warrant the truth, accuracy, currency and completeness of any information you provide us.

11. Personal Information

We are required to collect such personal information from you as reasonably required to provide you with our Services, and in accordance with our Privacy Policy. This information may include your personal details such as name, mobile number, email address and postal address together with certain health information; not limited to your age range, height, weight, exercise levels, biochemistry and medical history. We acknowledge and agree that this information is confidential and will be used for the purposes of the provision of our Services only, unless otherwise required by law as set out in our Privacy Policy. You warrant the personal information and health information you provide us is truthful, accurate, current and complete to the best of your knowledge. We accept no liability in the event you fail to provide us with personal information or health information that is truthful, accurate, current and complete.

12. User Accounts

We may assign you a username/password and account information in order to enable you to access and use certain areas of our Site or require you to set up your own account access using a username/password chosen by you (“Login”). Each time you use your Login, you will be deemed to be authorised to access and use our Site in a manner consistent with this Agreement. We have no obligation to investigate the authorisation or source of any such access or use of our Site. You are solely responsible for protecting the security and confidentiality of your Login and for all activities on our Site using that Login, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred on our Site through such access or use of your Login. You must immediately notify us of any unauthorised use of your Login or any other breach or threatened breach of our Site’s security you may be aware of.

13. Payment Information / Your Payment Details

We use a secure online payment system, Stripe, which is connected to our On Demand/Online platform software system, Momence. In order to purchase any of our Services (including any Products) you will be required to provide us with your credit card information or bank account information. Please be aware that all credit card information may be shared with our third party payment processor, Stripe. By purchasing through our Site, you agree that we may charge you the price listed at the checkout screen, and that any payments may attract an additional percentage fee, as charged by the relevant merchant from time-to-time.

All orders must be pre-paid. Orders will only be sent out or available for download (for electronic Products) after full payment of the total amount is cleared.

You warrant that the payment details and any related personal details you provide us are correct. We accept no liability in the event you fail to provide correct or incomplete payment or personal details or for any losses suffered as a result of the fraudulent or unauthorised use of credit cards. The prices for Services provided under this Agreement will be as set out on our Site at the time you apply for the Services. All prices are in Australian Dollars unless otherwise stated, and inclusive of GST, and you agree that we may charge you GST as set out in the New Tax System (Goods and Services Tax) Act 1999 (“GST Act”). From time to time we may issue promotional or discount codes. These can be redeemed at checkout and are subject to the terms of issue stated by us in relation to each promotion or discount. If you have any issues with payment do not hesitate to contact us in writing. All Services (including any goods) available from our Site are subject to consumer protections under the Australian Consumer Law.

14. Compliance with Third Party Licenses

Our Site may incorporate components licensed to us by third parties, which may be subject to their own terms and conditions (Third Party Licences). You agree that your use of our Site, in addition to these Terms and Conditions, will be governed by any terms and conditions specified by any Third Party Licence that applies to Well-being by Bec Fletcher Online.  

15. Disclaimers
To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the Services (including any Products) listed or purchased on or through our Site. Except for the purposes of Consumer Guarantees under the Australian Consumer Law, we hereby expressly disclaim all liability for our Services, and for product defects or failures, claims that are due to your use of our Services or Products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

In regards to any breach or failure to comply with any Consumer Guarantees under the Australian Consumer Law, we may replace any goods or supply equivalent goods, repair such goods, or pay for the cost of repair. For any Service/s, we may resupply the Service/s or pay for the Service/s to be supplied again.

16. Jurisdiction

These Terms and Conditions are governed by the laws in force in South Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Australia and any courts which may hear appeals from those courts.

If you choose to access the website and/or Services from outside Australia, you are responsible for compliance with foreign and local laws.

17. Contact Information
If you have any questions or concerns about your our Products and/or Services do not hesitate to contact us. You may contact us by email at hello@wellbeingbybecfletcher.au.