Website terms and Conditions

The website (https://www.bondivixen.com/) and all other associated digital platforms, media accounts and mobile applications (together, ‘the Website’), content, products, materials, services and facilities (together, ‘the Services’) are owned and operated by Vicious Vixen Pty Ltd trading as Bondi Vixen ABN 21 155 877 982 (‘Company’, ‘we’, ‘us’, ‘our’). The term ‘you’ refers to any user or browser of the Website or purchasers of our Services.

These Terms and Conditions and any additional disclaimers, policies and legal notices displayed on our Website from time to time state how you may use our Website and Services. It is important that you read and understand these. By accessing any information on and using the Website or using the Services in any manner, you will be deemed to have accepted and agreed to be bound by these Terms and Conditions, as updated from time to time, whether you are a visitor simply browsing, become a member at our Studio or register on the Website (together, ‘users’).

You agree that the use of the Website and Services is at your own risk. If you are under the age of 18, you must obtain your parent or guardian’s prior consent to use the Website and Services, and you must be accompanied by a parent/ guardian at all training sessions. You acknowledge and agree using the Website and Services in any way other than what is expressly stated in these Terms and Conditions will amount to a breach of this Agreement, and this Agreement may be terminated in accordance with the provisions below.

These Terms and Conditions do not modify, restrict or exclude any additional rights you may have under applicable laws that cannot be so modified, restricted or excluded. If at any time you do not agree with the Terms and Conditions (or any changes to them), please do not continue to use the Website and Services.

Services and Blog Disclaimer

Our Website and Services aim to provide customised facilities, targeted physical exercise, which may include the use of outdoor and public spaces, and advice and products to assist in attaining personal physical health and fitness. The information, content and material contained in, or available through, the Website and Services are provided for general information purposes only and do not cater to the specific circumstances or needs of individual users. All information and Services provided by us is provided in good faith, though we make no guarantees of any specific result from use of the Website or Services. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication, however we do not make any representations or warranties that the information and Services we provide are reliable, current or complete at all times.

All information, products, workouts or training programs provided by Bondi Vixen are not intended to diagnose, treat, cure or prevent any disease or condition. The information contained on this Website is not intended nor is it implied to be a substitute for professional medical, legal or psychological advice. Always seek the advice of your pharmacist, general practitioner, other medical practitioner or qualified health provider when starting any new diet, workout, practice, exercise regime or continuing with other activities that involve physical exertion or with any questions you may have regarding your medical or other conditions. 

None of the content on this Website or Services represents or warrants that any new diet, workout, practice or exercise regime is safe, appropriate or effective for you. To the extent that we provide any explicit or implied recommendation of any particular Service, such recommendation is only a general recommendation that is not specific to any particular individual. Your reliance on any of our Services or information on this Website is solely at your own risk. It is your sole responsibility to inform us of any prior health conditions.

NOTHING CONTAINED IN THE SERVICE IS INTENDED TO BE OR SHOULD BE TAKEN FOR MEDICAL DIAGNOSIS OR TREATMENT.

The testimonials (visual and written) and any publicity materials displayed on our Website or other platforms are examples of real experiences and opinions of customers’ experiences with Company, Website or Services and are for illustration only.  All testimonials and publicity materials are displayed with permission and are of actual people and their results. Testimonials are not intended to guarantee current or future users the same or similar results. 

The above disclaimer applies to the blog found on the Website. The information, content and materials (including publication), provided in this blog are intended only to provide a summary and general overview on matters of interest, we have not been remunerated or endorsed by any individual or entity that has been mentioned in any post.

The content of the blog contains information and material that is owned by Bondi Vixen or an accredited third party and is protected by all Intellectual Property and Copyright Laws recognised throughout the world, whether existing under statute, at Common Law or in equity, now or hereafter in force. No part of this blog may be copied, saved, used, reproduced or exploited in any form or by any means.

Bondi Vixen respects the intellectual property rights of others, and warrant that all information and materials provided via the Website is original content of Bondi Vixen and does not violate the intellectual property rights of any third parties. Any and all references made to third parties or third-party intellectual property is by means of reference only, and Bondi Vixen makes no claims or association to it.

Permitted Use

We prohibit the use of the Website and any of its functionalities, features and content, in any manner other than expressly indicated. You agree to use the Website and the Services in a safe and responsible manner, and to comply with any applicable laws and regulations. You agree you must not interfere or disrupt the platforms, servers or networks connected to the Website or Services. You agree you may not use the Website or Services for any purpose that is unlawful, to solicit the performance of any illegal activity, or in any other way that infringes the Company’s rights or the rights of others.

In respect of such unlawful or prohibited activity, you acknowledge and agree you will not:

  • Bypass (or attempt to bypass) any security mechanisms imposed by the Website.
  • Harvest or collect email addresses, images or personal information of other users.
  • Transmit, post or make representations about false or misleading material.
  • Post or transmit any material which contains a computer virus or other harmful data, code or material.
  • Exploit the Website for your own commercial purposes or the commercial purposes of any other person (including the posting of advertisements, solicitations, promotional materials, "spam" or any other materials that are contrary to our commercial or lawful interests).
  • Provide access or links to any material, (including peer to peer network "trackers") which may infringe the intellectual property rights of another person or entity.
  • Use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website, or in any way reproduce or circumvent the structure or presentation of the Website, to obtain or attempt to obtain any materials or information through any means not purposely made available on or through the Website.
  • Manipulate identifiers in order to disguise the origin of any communication you send through the Website.
  • Impersonate or misrepresent you are any other individual or entity.
  • Defame, stalk, bully, abuse, harass, threaten and intimidate people, or restrict another user in any way from the use and enjoyment of the Website or Services.
  • Seek or trace any information of another user, including an account not owned by you, or exploit the Website or Services in any way where the purpose is to reveal information.
  • Attempt to delete or alter attributions, legal notices, trademarks or copyright marks on any material contained in the Website.
  • Breach the security or authentication procedures of the Website, or any network connected to the Website, in an attempt to gain unauthorised access to any part of the Website or Services by hacking, password “mining” or any other illegitimate means.

 

You may not use the Website or Services, or any part of, for any commercial purpose or for the benefit of any third party, including but not limited to incorporating, modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any content or other information accessed or purchased through our Services, or any other communications provided by us for your own personal use, or in a manner not permitted by the Terms and Conditions.

Enquiries and Messaging

By making an enquiry or sending a message through the Website, you will be added to our email list. If you do not want to remain on our database, you can simply follow the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications or email at any time at admin@bondivixen.com.

You agree that all information you provide to us through the Website will be true, accurate, current, and complete. You agree that you are responsible for all information that you submit to us, and you acknowledge that if we believe that the information provided to us by you is false, inaccurate or misleading, we may, at our sole discretion, suspend or terminate your access to the Website and Services. For more information regarding email communications and subscription please refer to our Privacy Policy.

Subject to these Terms and Conditions, you will be given lifetime access to the Website. You may also be entitled to exclusive offers, benefits, Services or items of interest, sent to you via email notifications from time to time.

Account Registration

By using the Website, you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted by any forms featured on or off the Website (the ‘Registration Information’); and
  • Maintain and promptly update the Registration Information to keep it true, accurate, current and complete.

 

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the Website.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security.

Bondi Vixen keeps your Registration Information on a secure server. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our Website and Services to you, to administer our Website, and to notify you of products or special offers that may be of interest to you. For more information, please refer to our Privacy Policy.

Membership Terms

In order to enjoy the full extent of the Services, you must become a Member via purchasing Casual Options, the Flexi Plan, 3 Month Plan or the 6 Month Plan.

Casual Options

The following apply to single use classes, 5 Class Packs and 10 Class packs:

  • A fee of $35 per single use class, classes are valid for 7 days.
  • $165 per 5 Class Pack, $33 credit of which will be used per class, 5 Class Packs will be valid for 8 weeks.
  • $300 per 10 Class Pack, $30 credit of which will be used per class, 10 Class Packs will be valid for 16 weeks.
  • Late Cancel Classes (cancellations under 1 hour) or No-Show Classes will result in the class being forfeited from the pack and unable to rebook.

 

Special Programs

  • Intro Offer $49.00 (introductory offer) 7 days unlimited training.
  • Zone 21 Kickstart $147 (introductory offer) 21 days unlimited training.
  • Conquer 28 Challenge $299 (seasonal challenge) 28 days unlimited training.
  • Game Changer $399 (nutritional program only).
  • Pure Strength (personal training program).

All special programs are payable in advance and strictly no refunds given for change of mind. All programs are subject to the Studio rules and regulations as outlined below. 

Flexi Plan - $74 per week

The following applies to the Flexi Plan:

  • A minimum commitment of 7 days, after which your membership will be renewed on a weekly basis, until a Cancellation Request has been processed.
  • All Cancellation Requests must be provided in writing to admin@bondivixen.com with 7 days’ notice.

 

3 Month Plan - $69 per week

The following applies to the 3 Month Plan:

  • A minimum commitment of 12 weekly payments, after which your membership will be renewed on a monthly basis, until a Cancellation Request has been processed.
  • All Cancellation Requests must be provided in writing to admin@bondivixen.com with 30 days’ notice.

 

6 Month Plan - $64 per week

The following applies to 6 Month Plan:

  • A minimum commitment of 26 weekly payments, after which your membership will be renewed on a monthly basis, until a Cancellation Request has been processed.
  • All Cancellation Requests must be provided in writing to admin@bondivixen.com with 30 days’ notice.

 

Time Freeze

Time Freeze is available to put your current membership on hold due to the following reasons:

  1. Travel
  2. Injury

 

Time Freeze is charged at $10 per week payable upfront ie $20 for 2 weeks requested, payable on day of request.

Time Freeze periods do not count towards your contractual minimum term and will extend any applicable minimum term by the number of suspended weeks.

The following apply to Time Freeze periods:

  • A Time Freeze Request must be provided in writing to admin@bondivixen.com with 7 days’ notice.
  • No backdate can be applied to Time Freeze requests.
  • A minimum of 7 days from the date of payment is required, this will not be applied on a pro rata basis.
  • A Maximum of 8 weeks per year.
  • Membership may not be frozen during the notice period of a cancellation request.
  • A Time Freeze fee is payable upfront.
  • For the time requested, your account shall then be placed on hold.
  • A confirmation email will be sent to you by admin@bondivixen.com to confirm your request has been actioned.

 

Cancellations of Membership Plans

A Plan cannot be cancelled prior to the processing of the minimum number of payments:

  • A minimum of 1 payment applies to Flexi Plans.
  • A minimum of 12 payments applies to 3 Month Plans.
  • A minimum of 26 payments applies to 6 Month Plans.

 

Your Terms and Conditions Acknowledgement indicates the Membership Type, minimum number of payments and the rollover date applicable to you.

All Cancellation Requests for the Flexi Plan must be received 7 days prior to the requested cancellation date in writing to admin@bondivixen.com.

All Cancellations for the 3 Month Plan and 6 Month Plan must be received 30 days prior to the requested cancellation date in writing to admin@bondivixen.com.

If, for any reason you need to break Your Contract i.e. unable to fulfil the minimum term or provide 30 days’ notice, you will be required to pay $250 to terminate your membership with Bondi Vixen effective immediate.

All Cancellation Requests will only be accepted via email and will not be accepted via any other channel i.e. text, Facebook message, phone call or face to face conversation.

Bondi Vixen may receive Cancellation Requests at any time. However, Bondi Vixen reserves the right to deny requests when the conditions of this clause have not been met by you. Where a Cancellation Request has been denied, your membership will continue until otherwise approved by Bondi Vixen.

Studio Rules and Regulations

Class Information

All classes must be booked via the Bondi Vixen App or Bondi Vixen Website.

Class participants are required to be ready to start class on time every time.  Participants arriving after the warm-up is complete will be refused entry as duty of care to both you, the instructor and other class members.

All Classes have a lockout window of 1 hr.  All bookings and cancellations of classes must be finalised 1 hour prior to the class.

Turning up to an un-booked class may result refusal of entry.

All Cancellations under 1 hour are considered a Late Cancel and subject to the No Show Fee (see No-Show Policy). 

To ensure the safety of members and adequate staffing, classes are capped to a particular number of clients, as indicated in the timetable.

If a class is full, you will be placed on a waitlist. If you have been added to the class from the waitlist, a notification will be sent to you via email. It is your responsibility to check your email prior to the class start time to see if you have been added, to ensure that you do not incur a no-show fee. You can cancel your place on the waitlist at any time by normal cancellation process.  

Classes will be cancelled with less than 4 bookings.  Notifications for cancelled classes will be done via email and text message to those booked in.

No classes scheduled on Public Holidays unless advised.

No-Show Policy

Please ensure that you show up for booked classes. A no-show fee of $10 applies to no-shows or late cancellations.

Refunds

Bondi Vixen reserves the right not to provide refunds for change of mind for any product or service purchased at Bondi Vixen. Strictly no refunds for any reason under any circumstances.

Contact Details

It is mandatory that you have up-to-date contact details on file, particularly your medical information, waivers and emergency contact details.

Fees and Payment

Membership Fees are payable in advance in accordance to the Membership Type selected when enrolling.

Method of Payment

Your Membership Fees will be direct debited from your nominated bank account or credit card. By nominating a debit or credit card account, you authorise Bondi Vixen to deduct from that account all fees and other charges you are responsible for under the Membership Terms. Bondi Vixen may use the services of a third-party billing company (EziDebit) to deduct Membership Fee payments.

We do not accept cash payments.

Sufficient Funds

Please ensure that you have sufficient funds in your nominated account for weekly payments to be direct debited. If there are insufficient funds in your nominated account, or there is another reason that your account was unable to be debited, you may be charged an administration fee and/or a collection fee.

Bondi Vixen reserves the right to deduct any Fees due to Bondi Vixen from your nominated bank account or credit card for any outstanding Fees owed to Bondi Vixen without notice to you. Where the use of a third-party collection agency is required to attain any outstanding fees, Bondi Vixen reserves the right to charge you for all costs incurred.

If you seek to terminate the Bondi Vixen Contract or stop the automatic debit arrangement in a manner not prescribed in the Membership Terms, then you may be liable to Bondi Vixen for damages for breach of contract.

Notice is required 7 days prior to your next direct debit, where you are transferring or closing your account or card. You must also tell Bondi Vixen about any changes to your account or credit card, such as an expiry date or number, at least 7 days prior to your next direct debit.

Bondi Vixen reviews Membership or No-Show fees periodically and may change these fees from time to time. Where Membership or No-Show fees are increased, Bondi Vixen will provide you with at least fourteen (14) days’ written notice. It is your responsibility to ensure that Bondi Vixen has up-to-date Contact Information in order to provide you with this notice. Where we have made a reasonable effort to let you know about a fee increase, you will be deemed to have authorised Bondi Vixen to increase any direct debit amount from your nominated bank account or credit card.

All Membership Fees include government taxes and rates. We reserve the right to change your Membership Fees in line with any government tax and rate changes.

Transaction Fees

Our Merchant Facility is called Ezidebit. You will see this name on your bank statements for any transaction made with Bondi Vixen.

All transactions incur transaction fees. Credit cards and debit cards (Visa & Mastercard) incur a 2.2% of the transaction fee with a minimum fee of $0.88.  Please note AMEX cards have a higher 4.4% card fee. Direct debit charges incur a fee of $0.88 where Bondi Vixen has your BSB and account number.

Every failed transaction incurs a charge of $14.90.

If you wish to change your payment method, please contact Bondi Vixen via admin@bondivixen.com and we will instruct you how to safely update your details.

Third-Party Links

The Website may contain health and fitness-related materials or discussions, including links to third-party websites or resources. You acknowledge and agree that this does not imply any endorsement by, or affiliation, with us and we are not responsible for any information, products, Services or resources of any third parties. We do not guarantee, represent or warrant that the content of any third party is accurate, legal or inoffensive, or that they will not contain viruses or otherwise impact your hardware or software. You acknowledge it is your sole responsibility to assume all risk arising from your use of any such websites, products, Services or resources.

User-Generated Content

The Website (and any of our other digital platforms, mobile applications or social media accounts) may allow you to post information, photos, content, user submissions and/or upload materials, including video, on live chat and forums (User-Generated Content), whether through external websites or otherwise. It may also allow you to see User-Generated Content submitted by others.

You agree you are responsible for your User-Generated Content, which includes but is not limited to, any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other materials that you submit, post or display on or via the Website, or that is in any way connected with Services.

You agree you may not use the Website to submit, post or display any content that

  • you do not have permission, right or license to use.
  • is objectionable, offensive, unlawful, deceptive or harmful.
  • is personal, private or confidential information belonging to others.
  • requests or displays personal information from a minor.
  • impersonates or misrepresent your affiliation with another person, or entity.
  • may be viewed as spam, including but not limited to, unsolicited or unauthorised advertising, promotional materials, or informational announcements.

 

By posting, submitting, updating, modifying, transmitting or otherwise making available any User-Generated Content on this Website:

  • you grant us a royalty-free, non-exclusive, irrevocable, perpetual, transferable, world-wide licence of the intellectual property rights in the User-Generated Content; and
  • you agree to indemnify us against all liability claims or proceedings whatsoever arising from the publication of your User-Generated Content.

 

Online Shop

Orders and Acceptance

By placing an order online, you consent to receiving emails from us to complete the ordering process e.g. to confirm your order and to provide fulfilment and delivery updates. You consent to receiving communications from us electronically including marketing and communications. You can choose to opt out of receiving communications from Bondi Vixen at any time, by following the instructions on the form to update your subscription or data preferences, unsubscribe from our email communications, or email us at admin@bondivixen.com. For more information regarding email communications and subscriptions, please refer to our Privacy Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Bondi Vixen reserves the right at any time after receipt of your order to accept or decline your order for any reason. Bondi Vixen reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verification or information before accepting your order.

Purchases & Pricing

If you are making a purchase through the Website, you acknowledge you have read and agree to be bound by these Terms and Conditions, whether for yourself or on behalf of a minor. By making a purchase you represent and warrant that you are at least 18 years old. If you are making a purchase on behalf of a minor, you warrant you are their parent or legal guardian. If a third party is making the purchase on your behalf, you warrant you have authorised the third party to do so, and you have been advised of these Terms and Conditions.

Prices for items or Services in an order are fixed once your order has been confirmed. Subsequent price changes will not be retroactively applied to confirmed orders. You agree to pay the total amount listed for each Service as set forth on the Website or otherwise provided to you, including any merchant fees.

Transactions are processed in AUD figures, fees that are paid in a foreign currency will be reconciled as at the date of payment and will be subject to the prevailing exchange rate and transfer fees.

In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Bondi Vixen shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Bondi Vixen shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your bank or credit card account charged. If your bank or credit card account has already been charged for the purchase and your order is cancelled Bondi Vixen shall immediately issue a credit to your credit card account in the amount of the incorrect price.

Gateways and Merchants

We may use a payment-processing merchant for purchases and payments, or a payment platform, for which you may be directed off-site. By purchasing the Services, you agree to comply with these terms of purchase as well as those provided by the payment-processing merchant or payment platform.

We (or our payment-processing merchant) may securely collect all information obtained during your purchase or transaction for the Services and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be securely collected. For further details on what information we collect, please see our Privacy Policy.

You agree and acknowledge that all information you provide to us through the purchasing service will be true, accurate, current, and complete, including but not limited to your title, name, age, gender, address, and telephone number. You acknowledge and agree that the Company and any relevant third party of our choosing will collect your Personal Information for the purpose of the purchasing service and any additional Services you may request. You acknowledge that if we cannot collect this Personal Information and other Personal Information as requested, we will not be able to process your purchase and may not be able to provide you with some or all of our Services. For more information, please refer to our Privacy Policy.

Bondi Vixen uses PayPal as its shopping cart and payment gateway. Payment methods include but are not limited to, credit card and bank transfer. By purchasing via Bondi Vixen, you are accepting PayPal’s Terms of Use. For more information, please visit the PayPal website.

We reserve the right to change the preferred payment gateway, from time to time and without notice.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any damage, refunds or other losses of any sort that may be incurred as the result of such dealings with a merchant.

Credit Cards, Chargebacks and Payment Security

We accept credit card payments for the Services. You agree that we will not be held liable for any loss you incur arising from your payment by credit card or use of our payment gateway, unless it is caused by fraud or negligence, we are responsible for.

To the extent that you provide us with your credit card(s) information for payment on your account, we shall be authorised to charge your credit card(s) for any unpaid charges on the dates set forth herein. You shall not make any chargebacks to our account or cancel the credit card that is provided as security without our prior written consent. You are responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. You shall not change any of the credit card information provided to us without notifying us in advance. The Company reserves the right to reject and/or report credit card payments that are suspected of fraud or any other illegal activity.

Taxes

Payments for all Services purchased are inclusive of GST. Upon receipt of payment, you will be issued a tax invoice in accordance with applicable legislative requirements relating to GST in Australia.

Limitation of Liability for Products Sold

Except as expressly stated herein, Bondi Vixen makes no representations or warranties, either express or implied, of any kind with respect to products sold on the site. Except as expressly stated herein, Bondi Vixen expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to Bondi Vixen arising from any product sold on the site shall be the price of the product ordered. In no event shall Bondi Vixen, its directors, officers, employees and representatives be liable for special, indirect, consequential or punitive damages related to product sold. 

Shipping & Delivery

You acknowledge and agree that Bondi Vixen is not responsible for the shipping and delivery of any Products purchased through this platform. By purchasing the Products, you agree to review, accept and comply with the shipping terms provided by the third-party supplier and that your sole recourse of action for any issues with your delivery will be between you and the relevant supplier.

Refunds

Bondi Vixen reserves the right not to provide refunds for change of mind for any product or service purchased at Bondi Vixen. Strictly no refunds for any reason under any circumstances.

We note that our Services (including, but not limited to, the information provided through this Website) come with guarantees that cannot be excluded under the Australian Consumer Law. We may offer refunds or compensation, where options to resupply or re-schedule the Services have been exhausted or (where applicable) in circumstances where there has been a major failure, where the Services fail to be of acceptable quality, and in exceptional cases, such as injury, illness, death or force majeure.

Products

The Company, at its sole discretion, may cancel your order for products at any time prior to dispatch. In the event of a cancelled order, funds paid in relation to that order will be refunded in full as soon as is reasonably practicable.

You acknowledge and agree you are unable to cancel an order for products once it has been processed. The Company is unable to offer refunds for products that have been opened, apart from exceptional cases. You acknowledge and agree all refunds will be subject to the discretion of the third-party supplier, and that Bondi Vixen does not have the right to grant or refuse refunds on behalf of that provider. Any requests for refunds require you to send the product back to the Company where we will then pass the product onto the relevant supplier to determine whether to grant or refuse your refund.

Intellectual Property

These Terms and Conditions do not transfer from us to you or any third parties any of our or third-party intellectual property. All rights, titles, and interests, including without limitation, Intellectual Property Rights, in the Website and Services will remain (as between the parties) solely with the Company. Unless stated otherwise, your use of our Services grants you no right or license to reproduce or otherwise use any of our or third-party intellectual property. For details on copyright protections, please see our Copyright Policy, which forms part of these Terms and Conditions.

Access from Outside Australia

Bondi Vixen is based in Australia. If you access the Website or Services from outside of Australia, you do so at your own risk and are responsible for compliance with laws of that jurisdiction. Bondi Vixen makes no representation or warranty as to whether the Website, the Content or the Services are appropriate, legal or applicable to countries outside of Australia, or whether the information, products or Services are appropriate or available for use in countries outside of Australia, or comply with the laws thereof.

Privacy

For details on how we how we collect, store, and protect personal information, please refer to our Privacy Policy, which forms part of these Terms and Conditions.

Security of Information

While we will take precautions to ensure the Website is secure, no data transmission over the Internet can be guaranteed as totally secure. We do not warrant and cannot ensure the security of any information transmitted to, from or by us via the Website or Services, and any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take all necessary and reasonable steps to preserve the security of such information. For information on data breaches and data security, please review our Privacy Policy.

Maintenance

The Company is responsible for the support and maintenance of its Website and Services only. We may at any time and without notice modify, suspend or terminate the operation of, or access to, the Website or any part of for any reason, as necessary to perform maintenance, error correction or other changes. You acknowledge that we may also make changes to the Website or Services provided through the Website. Access to the Website depends on telecommunications, service providers and other external factors, we therefore cannot guarantee the availability of the Website at all times or at any specific times.

Termination

We, at our sole and absolute discretion, may suspend or terminate your access or future access to the Website or Services effective immediately, with no liability to you or any third party for the following reasons:

  • Where you are in breach of any of these Terms and Conditions or any related policies.
  • Where at any time you have committed any act of wilful or serious misconduct.
  • Where you have created a risk or possible exposure for us.
  • Where there are unexpected technical issues or problems.
  • At the request of a law enforcement or government authority; or
  • Upon a request by you.

 

Breach

Where you are in breach of any of these Terms and Conditions or any related policies, Bondi Vixen may suspend or terminate your access in accordance with clause 16 above, or may, where it considers fair and reasonable:

  • Issue a written warning to you; or
  • Suspend or cancel your Membership.

 

In addition, you agree to indemnify Bondi Vixen for any losses or damages in accordance with clause 20.

Assumption of Risk

Bondi Vixen provides customised facilities, guided workouts, which may include the use of outdoor and public spaces, and advice provides assistance to individuals seeking to improve their physical health and fitness.

By using the Website and/or our Services, you acknowledge you are aware of the inherent dangers associated with indoor and outdoor physical exercises, engaging in any other activity that involves physical strain or using exercise equipment or facilities, including but not limited to, physical injury, weight loss, and death.

All content provided by Bondi Vixen is for informational purposes only. You agree it is your responsibility to seek appropriate medical advice from a doctor or other qualified health provider before engaging in any of our training programs, activities, diets or the consumption of supplements.

You expressly assume, without any limitation, full responsibility for any and all risks and agree to release and hold harmless our employees, owners, affiliates, agents, officers, directors, from any and all liability for injury, death, property loss and damage which results from any or all of the above risks.

Warranties and Liability

CERTAIN LEGISLATION, INCLUDING THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH), MAY LIMIT THE ABILITY TO EXCLUDE LIABILITY OR MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THESE TERMS MUST IN ALL CASES BE READ SUBJECT TO THESE STATUTORY PROVISIONS. IF WE ARE LIABLE TO YOU UNDER THE AUSTRALIAN COMPETITION AND CONSUMER ACT 2010 (CTH) OR SIMILAR LEGISLATION, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM UNDER THOSE PROVISIONS TO: IN THE CASE OF GOODS, AT OUR OPTION: THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS; THE REPAIR OF THE GOODS; THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR THE PAYMENT OF THE COST OF HAVING THE GOODS REPAIRED; AND, IN THE CASE OF SERVICES, AT OUR OPTION: THE SUPPLYING OF THE SERVICES AGAIN; OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.

WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU, WHERE REASONABLY NECESSARY TO PROTECT OUR LEGITIMATE INTERESTS.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL CONTENT DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY WE) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. IN ADDITION, UNDER THE AUSTRALIAN CONSUMER LAW, THERE ARE CERTAIN CONSUMER GUARANTEES WHICH CANNOT BE EXCLUDED, INCLUDING GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR PURPOSE, SUPPLY BY DESCRIPTION, REPAIRS AND TITLE.

IN NO CASE SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. UNDER NO CIRCUMSTANCES SHALL WE AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE LAST 12 MONTHS.

BECAUSE SOME COUNTRIES, STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IN SUCH COUNTRIES, STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT SUCH LIMITATION IS PERMITTED BY LAW.

WE SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

WE DO NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND YOU HEREBY RELEASE WE FROM ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY CONTENT ACQUIRED OR RENTED THROUGH THE SERVICES. WE ARE NOT RESPONSIBLE FOR DATA CHARGES YOU MAY INCUR FOR DOWNLOADING OR STREAMING OVER A DATA CONNECTION.

Waivers and Indemnity

BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW,  INDEMNIFY AND HOLD US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR MISUSE OF THE SERVICES, OR, TO THE EXTENT PERMITTED BY LAW, ANY ACTION TAKEN BY US AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OUR REASONABLE CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Miscellaneous

These Terms and Conditions (and all related documents, policies and legal notices) constitute the entire agreement between the Company and you concerning your use of this Website and supersede all previous agreements or understandings, whether written or oral, in relation to your use of this website.

No amendment or variation of the Terms and Conditions will have any legal effect unless such amendment or variation is documented, and the parties agree and sign such a document.

If any part of these Terms and Conditions is held invalid or unenforceable, that part may be severed from these Terms and Conditions, and the remaining portions of these Terms and Conditions will remain in full force and effect.

The failure of a party at any time to require performance of any obligation under the Terms and Conditions is not a waiver of that party’s right:

  • to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
  • at any other time to require performance of that or any other obligation under the Terms and Conditions.

 

These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Governing law

The laws of the state of New South Wales, Australia govern this Agreement and any access to or use of our Services. The parties submit irrevocably and unconditionally to the non-exclusive jurisdiction of the courts of New South Wales, Australia to resolve any dispute or claim between the parties arising from or in relation to these Terms and Conditions.

PRIVACY POLICY

Please read this Privacy Policy carefully. This Privacy Policy may be amended from time to time with changes, additions, and deletions, at our sole discretion. You should check this page regularly to ensure that you are aware of any changes. Your continued use of the Website and following any amendments indicates that you accept the amendments. In the event of a material change, we will let you know via email and/or a prominent notice on our Website. By using our Website or its content, you consent to this Privacy Policy as at June 2019, whether or not you have read it.

GENERAL

Who we are

The website and its content is owned by Vicious Vixen Pty Ltd trading as Bondi Vixen ABN 21 155 877 982 (‘Company’, ‘we’, ‘us’, ‘our’). The term ‘you’ refers to the user or viewer of https://www.bondivixen.com/ (‘Website’). If you want to know more about what we do, you can visit the “About” page on our Website.

Our principles of data protection

Transparency: We are committed to being open, honest and transparent about Personal Data.

Trust: We agree to only use Personal Data for the purposes we say we will, and for improving the effectiveness and efficiency of our Services.

Safety: We are committed to keeping Personal Data provided to us secure.

Responsibility: We accept the responsibility of handling Personal Data.

What information we collect

When you visit our Website or use our Services, we collect Personal Data. The type of personal information we collect will depend on the circumstances of its collection and the nature of your dealing with us. This information may include, but is not limited to, your name, contact details, date of birth, credit and financial details, bank account details, personal and lifestyle information you provide to us, your health information and medical history (including medication history), exercise history, and preferences or opinions about our Services.

Sensitive information:

Sensitive information includes information about an individual’s physical or mental health, disability, racial or ethnic origin, criminal convictions, religious affiliation and political affiliation. We will only collect, use or disclose your sensitive information if it is reasonably necessary to carry out our functions or activities and we have your explicit consent.

For the purpose of providing the Services, we ask may you provide us with sensitive data about you. We may also collect sensitive data from you if you join our membership platform and for our booking service. We require your explicit consent for processing sensitive data.

The ways we collect your data

Information you provide to us directly: When you visit or use some parts of our Website and/or Services we might ask you to provide Personal Data to us when you complete an enquiry form, respond to an email offer or to receive a newsletter, participate with us on social media forums, register on our site as a member, or when making a booking. Where appropriate, you will be asked to enter your name, email address, mailing address and/or phone number (when making bookings).

By doing so you are giving this information to us voluntarily, and by providing us with this information you are giving us consent to use, collect and process this Personal Data.

Information you provide to us through orders:

By making an order through our Website, you are consenting to provide us with your Personal Data for the purpose of processing and fulfilling your order as requested by you.

You warrant you are giving this information to us voluntarily, and by providing us with this information you are giving us consent to use, collect and process this Personal Data for the purpose of completing the order and/or pursuant to our legal obligations.

You acknowledge that if we cannot collect this and other Personal Data, we will not be able to process your order and may not be able to provide you with all or some of our Services.

Collection of health and other sensitive information:

We may collect information about you, considered sensitive (under applicable privacy and data protection laws), which may include personal and health information that is necessary to provide you with the products you have ordered and any Services you require.

By using our Website and our Services, or by providing any personal or health information to us, you consent to the collection, use and disclosure of personal and health information as set out in this Privacy Policy.

We may also handle your health or other sensitive information in other ways to comply with our legal obligations, to protect your interests (where you are not capable of giving your consent), where it is in the public interest or in relation to legal claims.

How long we retain your personal information

We will only retain your Personal Data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data-retention policies and practices. Following that period, we’ll make sure such information is deleted or is converted to aggregate data. If at any time you wish to opt out or request us to delete your Personal Data you can contact us at admin@bondivixen.com. However, you acknowledge we will not be able to process your order if you do so at any time prior to the completion of the order.

Overseas disclosure of your personal information

We are based in Australia, so all bookings are processed in Australia. For European Union citizens who are booking through us, you acknowledge and consent your Personal Data to be transferred outside of the EU.

Information we collect automatically

We collect some information about you automatically when you visit our Website or use our Services, like your IP address, device ID, computer and connection information, geo-location information and device type. We also collect information when you navigate through our Website and Services, including what pages you looked at and what links you clicked on. This information gives us get a better understanding of how you are using our Website and Services so that we can continue to provide the best experience possible, for example, by personalising the content you see

Cookies

Some of this information is collected using standard cookies and similar tracking technologies. Cookies are small files that a website or its service provider transfers to your computer’s hard drive through your web browser (if you allow) that enables the websites or service providers systems to recognise your browser and capture and remember certain information. We use cookies to keep track of advertisements and compile aggregate data about website traffic and interaction so that we can offer better website experiences and tools in the future.

We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. If you prefer, you can choose to disable cookies through your own web browser’s settings or have your computer warn you each time a cookie being sent. Please note disabling this function may cause some of the features on this Website not to work as well as intended, however, you can still place orders for our programs or Services over the telephone.

Information we get from third parties

At times we might collect Personal Data about you from other sources, such as publicly available materials or trusted third parties like our marketing and research partners. We use this information to supplement the Personal Data we already hold about you, in order to better inform, personalise, and improve our Services, and to validate the personal data you provide.

Where we collect Personal Data, we will only process it to perform a contract with you, make a booking, or where we have legitimate interests to process the Personal Data and they are not overridden by your rights, or in accordance with a legal obligation, or where we have provided your consent. If we do not collect your Personal Data, we may be unable to provide you with all our Services, and some functions and features on our Website may not be available to you.

How we hold your personal information

We hold your personal information in encrypted electronic forms, and in secure databases or cloud-based platforms that we own and operate or that are owned and operated by our service providers. While we take reasonable steps to protect the security of your personal information, data protection and security measures can never be guaranteed. We therefore cannot guarantee the security of your personal information.

What we use your information for

We mostly use your Personal Data to operate our Website and provide you with any Services you have requested, and to manage our relationship with you. We also use your Personal Data in the following ways:

To communicate with you: We may provide you with information you have requested from us or information we are required to send to you and to respond to your enquiries, comments, and applications.

We may communicate with you about changes to our Website and Services, security updates, or for assistance with using our Website and Services.

We may communicate about and administer our products, Services, events, online webinars, podcasts, programs and promotions (such as by sending transactional emails about your purchases).

We may send you marketing materials we think you may be legitimately interested in or ask you for feedback or to take part in any research we are conducting (which we may engage a third party to assist with).

To personalise your experience: Your information helps us to better respond to your individual needs.

To enhance our Website and Services and develop new ones:  By carrying out technical analysis or the tracking and monitoring of the use of our Website and Services, we can improve and optimise your user experience.

To support you and improve customer service: Your information helps us to more effectively respond to your customer service requests and support needs.

To administer a contest, promotion, survey or other site feature

To protect you: So that we can make sure everyone is using our Website in accordance with our permitted uses, and so we can detect and prevent any fraudulent or malicious activity.

To market to you: In addition to marketing communications, we may also use your Personal Data to display targeted advertising to you online. Through our own Website, through third-party websites or through social media platforms, we carry out profiling activities in order to learn more about you and offer you tailored advertising based on your behaviour on our platforms. You can opt out of Google Analytics at any time. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

To analyse, aggregate and report: We may use the Personal Data we collect about you and other users of our Website and Services (whether obtained directly by us or from third parties) to produce aggregated and anonymised analytics and reports, which we may share publicly or with third parties.

To send periodic emails: The email address you provide for order processing may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.

The legal basis for processing your Personal Data as described above will typically be one of the following:

  • Your consent.
  • Performance of a contract by you or a relevant party.
  • Our legitimate business interests or compliance with our legal obligations.

 

Security: How we protect your information

Security is a priority when it comes to your Personal Data. We are committed to protecting the information you provide us. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of the information, we have put in place appropriate physical and managerial procedures to safeguard the information we collect.

We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see either the symbol of an unbroken key or closed lock (depending on your browser) on the bottom of your browser window.

However, we cannot guarantee that your Personal Data will always be secure due to technology or security breaches. If we become aware of a high-risk data breach, we will notify you (and the appropriate authority) within seventy-two (72) hours.

Access to information by Bondi Vixen staff can only be performed by staff members with a secure password, with access only performed when required. Access to this information is recorded by log files to track unauthorised access and modifications.

Bondi Vixen also uses PayPal Gateway Service. This system uses the industry’s best security methods and practises. All credit card numbers are housed within the secure environment of PayPal. We do not record a copy of your credit card details using this payment gateway.

How we can share your data

We may share your Personal Data with third parties who we trust, who we are affiliated with and whom we are required to provide it to for the purpose of fulfilling the Services. We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. Trusted third parties include those who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. For example, third-party service providers and partners who assist us with the functionality of the Website or Services, or to deliver, market or promote our goods and Services to you.

We use third-party browsers and mobile analytics Services like Google Analytics® on the Website. These Services use tools to help us analyse your use of our Website including information like the third-party website you arrive from, how often you visit, events within the platforms, usage and performance data, and purchasing behaviour. We use this data to improve the Website and provide information, products and Services that may be of interest to you.

We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

We may be required to provide your Personal Data to regulators, law enforcement bodies, government agencies, courts or other third parties where it is necessary to comply with applicable laws or regulations, or to exercise, establish or defend our legal rights. Where possible and appropriate, we will notify you of this type of disclosure.

Your Personal Data may be shared with an actual or potential buyer (and its agents and advisers) in connection with an actual or proposed purchase, merger or acquisition of any part of our business.

We will only disclose your Personal Data to other third parties where we have obtained your consent.

Passwords

To use certain features of the Website or its content, you may need a username and password or login details from time to time. You are responsible for maintaining the confidentiality of the username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. We cannot and will not be liable for any loss or damage arising from your failure to protect your username, password or account information. If you share your username or password with others, they may be able to obtain access to your Personal Data at your own risk.

You agree to notify us immediately of any unauthorised or improper use of your username or password or any other breach of security. To help protect against unauthorized or improper use, make sure that you log out at the end of each session requiring your username and password.

Direct marketing

Direct marketing means using your personal information to contact you via the phone, SMS or email to promote our Services. You acknowledge that by providing us with your personal information, we, our related entities or business partners may contact you to promote and market our respective products and Services. You can opt-out from being contacted by us, our related entities or business partners for direct marketing by emailing us at admin@bondivixen.com at any time to receive a Personal Information Request or Preference Update form, or you can simply follow the unsubscribe instructions contained in the email communication.

Data Controller and Data Processors

We are data controllers as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organisational purposes, including for payments and email marketing. We make all reasonable efforts to ensure our data processors are GDPR-compliant.

International Data Transfers

In order for us to provide the products and Services to you, your Personal Data will be stored and processed in Australia. By providing us with your personal information, you consent to us disclosing your Personal Data to third parties located overseas and acknowledge Australian Privacy Principle APP 8.1 does not apply to any such disclosure. When we share data (to the extent that we do from time to time), it may be transferred to, and processed in countries other than the country you live.

Where data is shared with third-party data processors in other countries, we put reasonable safeguards in place to ensure your Personal Data remains protected, however we note that your Personal Data will be captured, transferred, stored and processed in accordance with their policies, practices and in compliance with their local regulatory laws.

For those in the European Union (EU), this means that your data may be transferred outside of the European Economic Area (EEA). Countries outside of the European Economic Area (EEA) do not always offer the same levels of protection to your personal data so European law has prohibited transfers of personal data outside of the EEA unless the transfer meets certain criteria. Whenever we transfer your personal data out of the EEA, we do our best to ensure a similar degree of security of data.

Where your Personal Data is transferred outside the EU, it will only be transferred to countries that have been identified as providing adequate protection for EU data or to a third party where we have approved transfer mechanisms in place to protect your Personal Data. If we use US-based providers that are part of EU-US Privacy Shield, we may transfer data to them, as they have equivalent safeguards in place. If none of the above safeguards is available, we may request your explicit consent to the specific transfer. You will have the right to withdraw this consent at any time.

Anti-Spam Policy

We will always provide you with the ability to opt out of our communications by selecting the unsubscribe link at the bottom of all emails. We will not share your email address without your consent.

Third-Party Websites

We may provide links to other websites on our Website. We have no responsibility over or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.

Children’s Online Privacy Protection Act Compliance and Minors

We do not knowingly collect any personally identifiable information from anyone under 16 years of age in compliance with COPPA (Children’s Online Privacy Protection Act (USA)), the Australian Privacy Act 1988 (Cth) and the GDPR (General Data Protection Regulation of the European Union). If you are under the age of 16, you must ask your parent or guardian for permission to use this website.

Online Privacy Policy Only

This online Privacy Policy applies only to information collected through our website and not to information collected offline.

Retention

We will retain your Personal Data for as long as we have a relationship with you and for a period of time afterwards where we have an ongoing business need to retain it, in accordance with our data retention policies and practices. Following that period, we will make sure it is deleted or is converted to aggregate data.

Your Consent

By using our Website, you consent to our online Privacy Policy.

Your Rights

You have the right to ask us not to send you marketing emails at any time by emailing us at admin@bondivixen.com to receive a Personal Information Request or Preference Update form, or you can simply follow the unsubscribe instructions contained in the email communication.

You have the right to know what Personal Data we hold about you, and to make sure it’s correct and up to date.

You have the right to request a copy of your Personal Data or ask us to restrict processing your personal data or delete it.

You have the right to object to our processing of your Personal Data.

You have the right to “be forgotten” and request we erase your Personal Data.

You can exercise these rights at any time by sending an email to us at admin@bondivixen.com and we will respond within thirty (30) days.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive or refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you.

Changes to our Privacy Policy

If we decide to change our Privacy Policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this Privacy Policy, you may contact us using the information below.

If you wish to contact us about what personal data we hold about you or you have a question or feedback for us on this notice, our Website or Services, you can contact us at any time at admin@bondivixen.com.

If you wish to make a complaint, you can email us at admin@bondivixen.com. We will review and investigate your complaint and get back to you. You can also submit a complaint to the Privacy Commissioner or local authorities, which will advise you how to submit a formal complaint.

© COPYRIGHT NOTICE

You acknowledge and agree that the Website and the Services contain information, content and material that is owned by Vicious Vixen Pty Ltd trading as Bondi Vixen ABN 21 155 877 982, and is protected by all intellectual property and copyright laws recognised throughout the world, including the Copyright Act 1968 (Cth) and The Digital Millennium Copyright Act 1998 (USA) whether existing under statute, at common law or in equity, now or hereafter in force.

You are prohibited to copy, distribute, share and/or transfer information, content and material from the Website or Services (and/or their associated username/passwords) you purchased to any third party or person. In some cases, we may encrypt, force password and/or stamp license details (including customer name, address, etc.) to ensure additional safety.

No part of the Website (including any content, information or material posted on the Website) may be reproduced, copied, published, framed, or transmitted in any form or by any means without our prior written consent. No part of the Services may be used, reproduced or exploited in any form or by any means, except as expressly permitted by us.

Bondi Vixen respects the intellectual property rights of others and warrant that all information and materials provided via the Website and Services is original content of Bondi Vixen and does not violate the intellectual property rights of any third parties. Any and all references made to third parties or third-party intellectual property is by means of reference only, and we make no claims or association to it.

You acknowledge and agree to respect the intellectual property rights of others, including but not limited to our users, and third parties, by not using, reproducing or exploiting any third-party content or User Content that infringes their intellectual property rights recognised throughout the world, whether existing under statute, at common law or in equity, now or hereafter in force.

These Terms do not transfer any of our intellectual property rights to you or any third parties. You are granted no right or license with respect to our trademarks, service marks, graphics, and logos, used in connection with the Services and Website. All intellectual property displayed on the Website has been provided with consent. All names, logos and trademarks on the Website are the property of their respective owners. Nothing on the Website should be interpreted as granting any rights to commercial use or to distribute any names, logos or trademarks, without the express written agreement of the relevant owners.

We may, from time to time, monitor your use of the Website or Services to determine if you are in breach of this Policy. If you infringe our intellectual property rights or any other third party, we have the right to deny access to, or terminate your use of the Services, and to report you to the relevant authorities or take any actions as necessary.