TERMS, CONDITIONS & LIABILITY WAIVER
1. Acceptance of Terms
These Terms, Conditions & Liability Waiver (“Terms”) are between Stretchy Bendy World Pty Ltd (“we”, “us”, “our”) and you (“user”, “you”).
By accessing, purchasing, or using this website, application, or any associated services (“Services”), you agree to be bound by these Terms. If you do not agree, you must not use the Services. By completing a purchase and ticking the acceptance box, you confirm that you have read, understood, and agree to these Terms, including the release of liability and assumption of risk contained within.
2. Nature of Services
The Services provided by Stretchy Bendy World Pty Ltd consist of digital fitness, mobility, and wellness content delivered for educational and informational purposes only.
You acknowledge and agree that:
- The Services are not personalised
- No medical advice, diagnosis, or treatment is provided
- All content is pre-recorded and delivered without supervision
- No real-time correction, monitoring, or instruction is provided
- The Services are not intended to diagnose, treat, cure, or prevent any medical condition
- You are solely responsible for how you interpret and apply the content
3. Eligibility
The Services are strictly intended for individuals aged 18 years and over. By accessing or using the Services, you confirm that you are at least 18 years of age. If you are under 18, you are not permitted to use the Services under any circumstances, including with parental or guardian consent.
4. Medical Disclaimer and Fitness Responsibility
The Services are not a substitute for professional medical advice.
You agree that:
- You will seek medical clearance if you have any injury, illness, condition, or are pregnant or postpartum
- You are physically and medically fit to participate in physical activity
- You will not rely on the Services as medical advice
- If you experience pain, dizziness, or discomfort, you must stop immediately and seek appropriate medical advice
5. Assumption of Risk
You acknowledge that physical movement involves inherent risks, including injury, strain, or aggravation of pre-existing conditions.
To the maximum extent permitted by law, you voluntarily assume all risks associated with your participation in the Services.
6. Unsupervised Use
You acknowledge and agree that:
- All participation is unsupervised
- No corrections or feedback are provided
- You are responsible for modifying exercises appropriately
- You are responsible for selecting safe intensity levels
- You are responsible for correct execution of all movements
7. Environment and Equipment
You are solely responsible for ensuring:
- A safe and suitable exercise environment
- Adequate space and appropriate surfaces
- Safe and properly maintained equipment (if used)
Stretchy Bendy World Pty Ltd accepts no responsibility for injury arising from unsafe environments or equipment.
8. Release of Liability
To the fullest extent permitted by law, you release and discharge Stretchy Bendy World Pty Ltd, its directors, contractors, employees, and affiliates from all claims, actions, liabilities, or demands arising from your use of the Services.
This includes injury, loss, or damage arising from participation, except where liability cannot be excluded under Australian law.
9. Limitation of Liability
To the maximum extent permitted by law, including the Australian Consumer Law, Stretchy Bendy World Pty Ltd is not liable for any:
- Injury, illness, or adverse physical outcome
- Direct, indirect, incidental, or consequential loss
- Loss of income, business, or opportunity
Where liability cannot be excluded, it is limited to:
- Re-supply of the Services; or
- Payment of the cost of having the Services supplied again
Nothing in these Terms excludes any non-excludable consumer guarantees under Australian law.
10. Indemnity
You agree to indemnify and hold harmless Stretchy Bendy World Pty Ltd from any claims, liabilities, damages, losses, or expenses arising from:
- Your use or misuse of the Services
- Your breach of these Terms
- Any third-party claims connected to your actions
11. No Guarantees
Stretchy Bendy World Pty Ltd makes no guarantees regarding results, including improvements in mobility, pain, flexibility, strength, or wellbeing. Individual results will vary.
12. Intellectual Property
All content provided through the Services is owned or licensed by Stretchy Bendy World Pty Ltd. You are granted a limited, non-exclusive, non-transferable licence for personal use only.
You must not:
- Copy, reproduce, or distribute content
- Record, screenshot, or screen capture any part of the Services
- Share account access
- Use content for commercial purposes without written permission
13. User Accounts
You are responsible for maintaining the confidentiality of your account and all activity under it. We may suspend or terminate accounts that breach these Terms.
14. Payments and Subscriptions
All pricing is as displayed at the time of purchase.
Subscriptions:
- Automatically renew unless cancelled before the next billing cycle
- Can be cancelled at any time via account settings
Refunds are not provided except where required under Australian Consumer Law or as set out below.
We offer a 30-day money-back guarantee for new subscribers. If you are not satisfied within the first 30 days of your initial purchase, you may request a refund.
Refund eligibility is based on reasonable use of the Services. In assessing refund requests, we may consider the level of access and usage of the platform.
If little or no use has occurred, a full refund may be granted
If substantial use has occurred, a refund may be reduced or not granted
Refund requests must be made within 30 days of the original purchase date.
Refunds do not apply to subsequent billing cycles once a subscription has been active beyond the initial 30-day period, unless required under Australian Consumer Law.
If Stretchy Bendy World Pty Ltd discontinues the Services or a significant portion of them, we will provide reasonable notice and, where required under Australian Consumer Law, arrange an appropriate remedy which may include a pro-rata refund for unused subscription time.
15. Service Changes
Stretchy Bendy World Pty Ltd may modify, update, suspend, or discontinue any part of the Services at any time. We are not liable for any changes, interruptions, or downtime, except as outlined in Section 14 above.
16. Termination
We may suspend or terminate access immediately if you breach these Terms or misuse the Services.
17. Privacy
Your personal information is handled in accordance with our Privacy Policy and the Privacy Act 1988 (Cth)
18. Governing Law
These Terms are governed by the laws of New South Wales, Australia. Any disputes are subject to the exclusive jurisdiction of the courts of New South Wales.
19. Changes to Terms
We may update these Terms at any time. Continued use of the Services constitutes acceptance of updated Terms.
20. Survival
Clauses relating to liability, indemnity, and intellectual property survive termination of your access.