Terms and Conditions
Welcome to the Curves Website ("Site"). Access to this Site is subject to these Terms and Conditions of Use (‘Terms’). By using the Site, you agree to comply with these Terms. Throughout this Site, the term “Curves” or “we” refers to CJC Operations Australia Pty Ltd (ABN 92 603 179 255). “You” or “your” refers to any person accessing and/or using this Site. “Us” refers to both of us.
Changes To Terms And Conditions Of This Site
We may vary the terms and conditions of this Site at any time by notice to you or by means of a notice on http://www.curves.com.au/terms-and-conditions/
Website Privacy Notice
Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all proprietary pages, product names, design, images, photographs, videos, text, words or phrases and other material ("Content") are the property of Curves.
The name Curves is a registered trademark® of Curves International, Inc. and may not be used or reproduced without the expressed written consent of Curves International, Inc. The Curves Logo, in full or any part thereof, is a trademark and/or is copyright protected, and requires written permission from Curves International, Inc. for use. The name The Power to Amaze Yourself is a registered trademark® of Curves International, Inc. and may not be used or reproduced without the expressed written consent of Curves International, Inc.
All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on this Site should be construed as granting any license to use any trademarks displayed on this Site. Your use/ misuse of the trademarks displayed on this Site, or any other Content on this Site including making any modifications to the Content, except as provided for in the terms of this Site is strictly prohibited.
Accuracy, completeness and timeliness of information
Whilst we use all reasonable attempts to ensure the accuracy and completeness of the Content on this Site, we are not responsible if the Content that we make available is not accurate or complete. Any reliance on the Content shall be at your own risk. You agree that it is your responsibility to monitor any changes to the Content as it may change without notice.
When, at our request, on your own behalf or by use of our Site you disclose, submit, transmit or offer any non-personal communication or material including information, photos, videos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles, stories and other material to this Site ("Comments") then is and will be treated as non-confidential and non-proprietary and will become the property of Curves' and may be used for any purpose including (but not limited to) reproduction, disclosure, transmission, publication, broadcasting or posting. Furthermore, Curves is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to this website. Any such use is without compensation to the party submitting information.
By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Curves’ use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Curves is under no obligation to use the information submitted.
You further warrant that each person depicted in any form in your Comments has consented to the use of such. You may not upload Comments or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of commercial solicitation or promotion.
Links to other websites
The Site may contain links to other web sites outside of Curves. Curves is not responsible for the function, content, accuracy or opinions expressed in such third party websites. The links are provided in good faith and such websites are not investigated, monitored or checked for accuracy or completeness and Curves cannot be held responsible for any subsequent changes. The inclusion of any linked websites on the Site does not imply approval or endorsement by Curves. If you decide to leave our Site or access third-party sites, you do so at your own risk and we recommend that you make yourself aware of, and read carefully, the legal and privacy notices of all other web sites you visit.
Usage of Site
Your use of this Site is at your own risk. You must exercise judgment and responsibility with respect to your use of our Site.
You may only access the Site for lawful, personal and non-commercial use. You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the trademark notice below appears on such reproductions. No reproduction of any part of this Site may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
Payment Details Security
Our e-commerce sites use a process called Secure Sockets Layer (SSL) technology. We use industry standard 128 bit encryption. SSL locks all critical information passed from you to Curves, such as payment information, in an encrypted envelope, making it extremely difficult for this information to be intercepted. Credit Card details are not permanently stored on our transactional systems. We use 1024 bit encryption for temporary storage. The card number is stored until the order process has been finalised, it is then deleted from Curves’ system. Consequently, your credit card number must be entered by you each time you select Credit Card Payment for each new order.
Your credit card details are held securely on Curves’ accounting systems for reconciliation purposes.
You are refrained from doing any act that Curves (at its absolute discretion) may deem to be inappropriate and/ or would be deemed to be an unlawful act or is prohibited by any laws applicable to the Site including, but not limited to:
- Any act that would harm others.
- Any act which would constitute a breach of either the privacy (including uploading personal information without the concerned individual’s consent) or any other legal rights of individuals.
- Any act that would violate any law or regulation governing Curves’ business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity or spamming.
- Any act that presents a security risk or that may interfere with the operation of the Site.
- Any act that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity.
- Use the Site to libel or defame Curves, its employees or other individuals or act in such a way that brings into disrepute the good name of Curves.
- Any act that amounts to harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information.
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, racist, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to liability or otherwise violate any law.
- Introduce viruses, Trojan horses, worms, or other computer programming routines that may cause damage, interfere with, intercept, or expropriate any system, data, or personal information including through the uploading of files.
- Use the Site to gain illegal or unauthorized access to other computers or networks through hacking or other means.
- Assist or permit any person to engage in any of the activities described above.
The Site is provided “as is” and “as available” basis and consequently, Curves gives no warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, satisfactory quality or fitness for a particular purpose including warranties or representations that Content on this Site will be complete, accurate, reliable, timely, or non-infringing to third parties, that access to the Site will be uninterrupted, error free or free from viruses, that the Site will be secure and that any advice or opinion obtained from Curves through this Site will be accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
We reserve the right to restrict, suspend or terminate without notice your access to this Site or any feature of this Site or part thereof at any time. Any products appearing on this Site are only visual representations and as such are not in their real size, packaging etc.
In no event shall Curves or any of its affiliates, or the officers, directors, employees, shareholders, or agents of each of them, have any liability for damages of any kind, including without limitation any special or punitive, incidental, indirect or direct, or consequential damages including loss of profit or loss of opportunity, costs, losses or liabilities whatsoever or howsoever arising out of your access to, inability to use or change in content of this Site or arising from any other web site you access through a link on this Site or to the extent permitted by law, from any actions we take or fail to take as a result of any communication to make with Curves including whether or not advised of the possibility of such losses or damages.
Curves (and any other party involved in creating, producing or delivering this Site) shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, Curves shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this Site. If you choose to download material from this Site you do so at your own risk.
To the maximum extent permitted by applicable law, you expressly waive all claims against Curves, its affiliates and their respective officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.
This Site is intended for Australian users and customers only and contains material, offers, information and products or services not available in other locations. Please contact your local Curves to obtain more information about material, offers and products and services available in your location.
You and Curves agree that any controversy or claim arising from or pertaining to the use of this Site shall be governed by the laws of the State of Victoria, Australia and each of us hereby submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia.
Copyright ©2015, CJC Operations Australia Pty Ltd (ABN 92 603 179 255)
Last Revised February 2015