Terms and Condition – Jungle Alliance

Terms and Conditions

Terms of Use

Please read these Terms of Use carefully before using the Jungle Alliance website and any related mobile application. This site is owned by Jungle Brothers Pty Ltd.

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account or Profile with Jungle Alliance, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in our emails and communications.

Registration

Jungle Alliance may allow users to establish an account to access various features of this Site, such as registration for courses, seminars and events, registration to download e-books and other free content and use of its message boards, discussion boards, and other public forums. If you register, you agree to provide Jungle Alliance with accurate, truthful, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of your account.

Medical Disclaimer

You expressly acknowledge and agree that Jungle Alliance and this Site do not provide medical advice and are not a substitute for professional medical diagnosis, treatment or advice or a medical examination. The content of this Site may contain general information relating to certain medical conditions and their treatment. Such information is in the form of blog posts, articles, ebooks, podcasts or videos. Such information is provided for informational purposes only and is not intended to replace or substitute for advice provided by a physician or other medical provider. You should not use the information provided on this Site for diagnosing a health problem or disease. Prior to participating in any program, workout, training, course, activity, exercise, diet, or use of any product, program, workout, exercise or treatment discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your physician and other qualified health-care professionals. You understand that the exercises and programs discussed on this Site can be strenuous and should be scaled or done in moderation. There is an inherent risk in any exercise that, while providing some health benefits, it can also cause unknown health issues. Application or reliance on the techniques, advice, ideas, and suggestions of any person associated with Jungle Alliance or this Site are at your sole discretion and risk.

Never disregard professional medical advice or delay in seeking it because of something you have read on the Site. If you think you may have a medical emergency, call your doctor or 000 immediately. Jungle Alliance does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Jungle Alliance, Jungle Alliance employees or staff, others appearing on the Site at the invitation of Jungle Alliance, or other visitors to the Site is solely at your own risk.

Jungle Alliance App Use

You are not permitted to misuse Jungle Alliance Apps. For example, don’t try to access the App using a method other than the interface and the instructions that we provide, or repurpose or copy any content from it. You may use the Jungle Alliance App only as is stated here in the Terms and Conditions. We may suspend or stop providing the Jungle Alliance to you, at any time and with or without notice, if you do not comply with our terms or policies, if we suspect misconduct, or for any other reason.

Using the Jungle Alliance App does not give you ownership of any intellectual property rights in the Jungle Alliance or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in the Jungle Alliance, unless expressly indicated.

The Jungle Alliance App displays some Content that is not our own, for example, Content belonging to third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Jungle Alliance. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law at any time and with or without notice. But we do not generally review Content beforehand, and we are not obligated to do so.

In connection with your use of the Jungle Alliance App, we may send you service announcements, administrative messages, and other information about us. By using the Jungle Alliance App, you consent to receiving email messages, text messages (e.g. SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with your use of the Jungle Alliance App, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing emails or disabling notifications in the Jungle Alliance App’ settings. You opt out of receiving text messages by replying “STOP” to the text message that you received, after which, Jungle Alliance will send you a reply message to confirm that you have been unsubscribed. Please be aware that there may be a brief period before we are able to process your opt-out requests.

Using the Jungle Alliance App, or receiving messages related to the Jungle Alliance App, on mobile devices may cause you to incur messaging or data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the mobile features (as applicable).

Content You Submit or Share

You may submit, upload, and share videos, pictures, text and other content to or through the Jungle Alliance App (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.

When you upload, submit, or otherwise share Your Content to or through the Jungle Alliance App, you give us (and those we work with) a royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with the Jungle Alliance App), communicate, publish, publicly perform, publicly display and distribute Your Content as may be necessary in order to fulfill requests you make via the Jungle Alliance Apps and to otherwise provide the Jungle Alliance App to you and to provide Jungle Alliances services to your gym, or fitness-business. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the Jungle Alliance App, and to develop new ones. This license continues even if you stop using the Jungle Alliance App. Make sure you have the necessary rights to grant us this license for any content that you submit to the Jungle Alliance App.

You agree that you will not use the Jungle Alliance App to:

Violate law or a third-party’s rights;
Submit excessive or unsolicited commercial messages or spam any users;
Submit malicious content or viruses;
Submit false or misleading information;
Solicit other people’s login information, credit card numbers, or other sensitive information;
Harass, abuse, insult, harm, defame, slander, disparage, intimidate or bully other users; or
Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.

PAYMENTS

Jungle Alliance App Payment processing

Jungle Alliance App offers the ability to process payments through the Services. Payment Processing Services are provided by our third party payment processing partners as Third Party Offerings and any procurement by you will be subject to a separate merchant agreement which will be solely between you and the third party processor. If you use Payment Processing Services you agree that you will comply with the terms and conditions of any applicable merchant agreements and all applicable card network rules, policies, laws and regulations, at all times while using such Payment Processing Services.

Subscription Payments

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles may be set on a weekly, fortnightly, quarterly, half-yearly, or yearly basis.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or we cancel it. You may cancel your Subscription renewal either through your Jungle Alliance App account at any time.

Fee Changes

Jungle Alliance App at its sole discretion may, and at any time, modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Jungle Alliance will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

Refunds

Fees paid to Jungle Alliance, or via Jungle Alliance App are non-refundable, except when required by law.

Courses: registration fees paid for any Jungle Alliance courses are non-refundable and are at the discretion of Jungle Alliance.
Subscription Fees: subscription fees paid for Service of Jungle Alliance App are non-refundable and are at the discretion of Jungle Alliance.
Marketplace: Marketplace fees paid for Service and/or use of any content within the Jungle Alliance App “Marketplace” are non-refundable and at the discretion of the Jungle Alliance. These purchases are made with third-parties where Jungle Alliance App acts as the broker between yourself and the third party seller. As such we cannot be held responsible for disputes between the buyer (you) and the seller (third party)

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Jungle Alliance and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:

a. Your use and access of the Service, by you or any person using your account and password;

b. A breach of these Terms, or

c. Content posted on the Service.

Limitation Of Liability

In no event shall Jungle Alliance, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Jungle Alliance its subsidiaries, affiliates, and its licensors do not warrant that
a. the Service will function uninterrupted, secure, or available at any particular time or location;
b. any errors or defects will be corrected;
c. the Service is free of viruses or other harmful components, or
d. the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.