Following are the Terms and Conditions of Use for chiball.com and ChiBall™ Products.
Welcome to chiball.com. This Website (hereafter referred to as “CHIBALL.COM”) is provided by ChiBall World Pty Ltd (hereafter and elsewhere on this Website referred to as “CHIBALL WORLD PTY LTD”) as a service to our customers. Please review the following basic rules that govern your use of our Website (the “Agreement”). Please note that your use of our Website constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may “bookmark” a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to the Terms and Conditions. CHIBALL.COM reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the CHIBALL.COM Website following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.
(2) USE OF THIS WEBSITE
This Website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of CHIBALL.COM or its suppliers, and protected by Australian and international copyright laws. The content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited. CHIBALL™ is a trademark of ChiBall Education Pty Ltd which is used under licence by CHIBALL WORLD PTY LTD.
Trademark Classes 9,16 and 41.
Australia Trademark – 1665061
International Trademark (Madrid Protocol) – 1258140
US Trademark – 4894025
Canadian Trademark – TMA667218 (Registered to Monica Linford and used by Chiball Education under Licence)
(3) WEBSITE SECURITY
Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing,” or “crashing”; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. CHIBALL.COM will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from CHIBALL.COM on this Website and other than generally available third party web browsers (eg, Netscape Navigator, Internet Explorer, Firefox and Safari).
(4) ORDER ACCEPTANCE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verification or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
(5) RETURNS & EXCHANGES
We want you to be completely satisfied with every purchase you make with us. If you are not fully satisfied with a product that you have ordered or received, we’ll exchange it.
Returns Exchanges and Faulty Goods Policy
If for any reason you are unhappy with your purchase, you can return the item to us in its original condition within 14 days of the date you received it, unopened and undamaged (apart from where damage in initial transit is the reason for return), and we will issue a full refund for the price you paid for the item.
We can only accept the return of opened items if they are faulty, and we will provide you with a replacement product. Please note that we reserve the right to send items back to you that have been returned to us after 14 days unless they are faulty.
If you wish to return your purchase to ChiBall World for any reason, please contact us at firstname.lastname@example.org. We will then advise you on how to return the product to us. Any product received without prior notice will not be processed.
(6) PRICE INFORMATION
While CHIBALL.COM strives to provide accurate product and pricing information, pricing or typographical errors may occur. CHIBALL.COM cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, CHIBALL.COM reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, CHIBALL.COM may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Prices and availability are subject to change without notice.
(7) QUANTITY LIMITS & DEALER SALES
CHIBALL.COM reserves the right to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same ChiBall World account, or the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer email and/or billing address provided should such limits be applied. CHIBALL.COM also reserves the right to prohibit sales to dealers. If you are interested in purchasing multiple quantities of items for a corporation or institution, or are interested in distribution, please contact us by email at email@example.com.
This Agreement represents the complete agreement between the parties, and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and the other terms of this Agreement shall remain in full force and effect. The failure of CHIBALL.COM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit CHIBALL.COM’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under South Australian Law as such law applies to agreements between South Australian residents entered into and to be performed within South Australia. Any action or proceeding arising out of or related to this Agreement or your use of this Website must be brought in the state courts of South Australia or the federal courts of Australia.
(9) USER REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to CHIBALL.COM on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) are the property of CHIBALL.COM. Such disclosure, submission or offer of any Comments shall constitute an assignment to CHIBALL.COM of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments.
Thus, CHIBALL.COM will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. CHIBALL.COM will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
CHIBALL.COM is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or will contain libellous or otherwise unlawful, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
If and when CHIBALL.COM posts comments on its Website or any of its affiliated Websites, although it will not regularly review posted Comments, it will reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website. You grant CHIBALL.COM the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify CHIBALL.COM and its affiliates for all claims resulting from any Comments you submit.
CHIBALL.COM and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate. Each ChiBall™ is uniquely handcrafted and may vary slightly in colour.
You agree to defend, indemnify and hold CHIBALL.COM harmless from and against any and all claims, damages, costs and expenses, including lawyers’ fees, arising from or related to your use of the Website and any products sold via this Website. Please also see sections 13 and 14 of these Terms and Conditions.
This Website is provided by CHIBALL.COM on an “as is” and “as available” basis. CHIBALL.COM makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on this Website. To the full extent permissible by applicable law, CHIBALL.COM disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Without limiting the foregoing, CHIBALL.COM disclaims any and all warranties, express or implied, for any merchandise offered on this Website. You acknowledge, by your use of the CHIBALL.COM Website, that your use of the Website is at your sole risk. This disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an essential part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.
(14) LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall CHIBALL.COM or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the CHIBALL.COM Website, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorised representative of CHIBALL.COM has been advised of or should have known of the possibility of such damages. In no event will CHIBALL.COM be liable for any damages in excess of the fees paid by you in connection with your use of the Website during any period preceding the date on which the claim arose.
The information (including, without limitation, advice and recommendations) and services on the CHIBALL.COM Website is intended solely as a general educational aid and is neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment. Nothing contained in the CHIBALL.COM Website is intended to be used for medical diagnosis or treatment. The information and services are provided with the understanding that neither CHIBALL.COM nor its affiliates, suppliers or users are engaged in rendering legal, medical, counselling, or other professional services or advice. Your use of the CHIBALL.COM Website is subject to the additional disclaimers and caveats that may appear throughout the Website. CHIBALL.COM and its affiliates and agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the CHIBALL.COM Website. While CHIBALL.COM strives to keep the information on the CHIBALL.COM Website accurate, complete and up-to-date, CHIBALL.COM and its affiliates and suppliers cannot guarantee, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information.
You further agree that you understand and accept the following warnings and cautions as they relate to (a) CHIBALL METHOD ™ video and DVD exercise programmes and (b) CHIBALL™ exercise products:
(a) The CHIBALL METHOD™ DVD Exercise Programmes
CHIBALL METHOD™ video programmes are fully protected under the laws of copyright and trademark. Any unauthorised duplication, exhibition, distribution or other use of these programmes, or any part thereof, without prior written consent is strictly forbidden by law, including Australian Federal Law. Violators will be prosecuted to the maximum extent of the law. Please note the following important cautions before using any CHIBALL METHOD™ exercise programme or product: Not all exercises are suitable for everyone, and the CHIBALL METHOD™ exercises and any exercise programme may result in injury. Consult with your doctor before embarking on a CHIBALL METHOD™ exercise programme or any other exercise programme. To reduce the risk of injury, never force or strain during exercise. If you experience pain or discomfort during exercise, stop immediately and consult your doctor. Certain special cautions apply to this or any other exercise programme. For example, women who are menstruating should not practise inverted poses, back bends, or vigorous standing poses. Pregnant women should not practise twists or any abdominal tightening poses. Other special cautions may apply to individuals with specific health issues. For that reason, you should consult your doctor to find out if special restrictions apply to you. The creators, producers, performers, participants and distributors of the CHIBALL METHOD™ programmes cannot guarantee that the programmes are safe and proper for every individual. For that reason, all CHIBALL METHOD™ programmes are sold without warranties or guarantees of any kind. Any liability, loss or damage in connection with CHIBALL METHOD™ programmes, including but not limited to any liability, loss or damage resulting from the performance of the exercises demonstrated here, or the advice and information given here, is expressly disclaimed.
(b) CHIBALL™ Exercise Products
Please note the following important warning regarding the use of CHIBALL WORLD PTY LTD exercise equipment, and exercise equipment in general:
Warning: Improper use of exercise equipment may cause serious bodily injury. To reduce risk of injury, please read the following:
• Before starting any exercise programme, consult a physician.
• Before using the equipment, read and follow relevant safety instructions and obtain thorough instruction from a qualified trainer.
• Use equipment only for intended exercises.
• Stop exercising if you experience chest pain, feel faint, have difficulty breathing or experience musculoskeletal discomfort.
• Keep body, hair and clothing free from all moving parts.
• Do not allow children to use or be around equipment without adult supervision.
(15) TRADEMARKS AND COPYRIGHT
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programmes, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by CHIBALL WORLD PTY LTD, one of its affiliates or by third parties who have licensed their materials to CHIBALL WORLD PTY LTD and are protected by Australian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of CHIBALL WORLD PTY LTD and is also protected by Australian and international copyright laws.
CHIBALL METHOD™ DVD programmes are fully protected under the laws of copyright and trademark. Any unauthorised duplication, exhibition, distribution or other use of these programmes, or any part thereof, without the prior written consent of CHIBALL WORLD PTY LTD is strictly forbidden by the laws of the Australia and other countries. Violators will be prosecuted to the maximum extent of the law.
Copyright © 2008-2017 CHIBALL WORLD PTY LTD. All Rights Reserved.
ChiBall Education Pty Ltd owns all rights (mechanical, performing, publishing and copyrights) for ChiBall Music and has licensed CHIBALL WORLD PTY LTD and its affiliates to provide music for sale under a Royalty Free Licence Agreement.
ROYALTY-FREE LICENSE AGREEMENT
This license agreement (hereafter referred to as the “AGREEMENT”) is made between the purchaser (hereafter referred to as the “LICENSEE”) and the publisher (hereafter referred to as the “LICENSOR”), in regards to the music file(s) purchased by the LICENSEE set forth below.
LICENSEE guarantees that it owns and controls the rights represented herein with respect to the recordings and the musical compositions in each of the REPRESENTED TRACKS and has and will hold throughout the TERRITORY and during the DURATION the above listed rights to exploit the REPRESENTED TRACKS as contemplated herein. LICENSOR shall indemnify and hold the LICENSEE harmless from any and all claims, liabilities and costs, losses, damages or expenses (including attorney’s fees) arising out of any breach or failure of any covenants or warranties made by the LICENSOR herein.
The mechanical, synchronization, and performance rights granted to the LICENSEE within the AGREEMENT include (1) right to re-record, duplicate and release the REPRESENTED TRACKS as part of a production in whatever medium(s) necessary (i.e. video tape, film, CD-ROM, DVD). If the music is used in software such as a video game application or other software product, the music must be “embedded” so that the end user of the software or video game is unable to extract or use the music on its own; (2) right to use the music as a soundtrack “synced” with visual images as part of a production; and (3) right to use the music as part of the public viewing or broadcast of a production (including but not limited to TV shows, videos, DVDs, Web Sites, podcasts, multimedia presentations, and films).
RIGHTS NOT INCLUDED IN THIS AGREEMENT
The rights granted to the LICENSEE do not permit the LICENSEE to (1) claim ownership or authorship of the music represented under this AGREEMENT; (2) transfer, share or sub-lease this license agreement with any other party; (3) copy or duplicate the REPRESENTED TRACKS except for use in the LICENSEE’S productions; (4) permit any other individual or third party the right to use the REPRESENTED TRACKS in place of the LICENSEE; (5) resell, trade, or exploit for profit the REPRESENTED TRACKS contained herein outright or as part of other music and/or audio-related collections, in part or in whole, to any other individual or party (although the music can be sold as part of the production, which is a clear and distinct product from REPRESENTED TRACKS themselves.) The LICENSOR maintains all intellectual property rights with regard to the marketing and sales of all tracks and any infringement thereof is punishable by law.
The territory of this contract is the world.
The LICENSEE is not required to credit the REPRESENTED TRACKS to the composer, publisher, or LICENSOR in the LICENSEE’s productions (in liner notes, rolling credits, verbal acknowledgment, etc.) But if the LICENSEE chooses to do so, LICENSOR requests but does not require that the LICENSEE use the verbiage “Music from ChiBall”. DATES The term of the contract is effective from the date of purchase pending that the payment of FEES and delivery of REPRESENTED TRACKS have occurred. The duration of the AGREEMENT shall continue throughout duration of the lifetime of the LICENSEE. FEES The LICENSEE agrees to pay the LICENSOR a one-time fee of the purchase price as advertised. The LICENSEE will not owe any future additional royalties or fees to the LICENSOR for future use of the REPRESENTED TRACKS within the terms of this AGREEMENT.
End of Royalty Free Licence.
CHIBALL.COM and its suppliers and licensors expressly reserve all intellectual property rights in all text, programmes, products, processes, technology, content and other materials which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any licence under any of CHIBALL.COM’s or any third party’s intellectual property rights.
The CHIBALL METHOD™ names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of CHIBALL WORLD PTY LTD, used under license. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorise anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply CHIBALL.COM’s endorsement, sponsorship or recommendation of the third party, information, product or service. CHIBALL.COM is not responsible for the content of any third party websites, and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk.
(16) HEALTH & SAFETY CAUTION
Consult a physician before starting any exercise programme. Discontinue exercise immediately if you experience pain or discomfort. Improper use of exercise equipment may cause serious injury.
Use CHIBALL WORLD PTY LTD equipment only after “use and safety” training by certified instructors. By choosing to use CHIBALL WORLD PTY LTD equipment, you and your clients and patients assume the sole responsibility for its proper use.
You agree to release, indemnify, and hold harmless all retailers, distributors, and manufacturers for injuries resulting from your unsafe or improper use of CHIBALL WORLD PTY LTD equipment.
To prevent unsafe or improper use of CHIBALL WORLD PTY LTD equipment, please read all assembly information thoroughly and follow the directions carefully.
• CHIBALL WORLD PTY LTD equipment and its components are subject to wear and stress.
• Proper maintenance and timely replacement of your equipment or component parts is your responsibility.
• Consult your user’s manual to determine when to replace parts.
(17) SHIPPING AND FREIGHT POLICY
ChiBall World shipping policy WITHIN AUSTRALIA
Small and Midsize Items are shipped in envelopes and are sent via airmail, and should arrive in approximately ONE week.
ChiBall World shipping policy OUTSIDE AUSTRALIA
Small and Midsize Items: DVDs, manuals and light equipment, such as the ChiBall™, are sent via Australia Post express service, and should arrive in approximately seven to ten business days, depending on which country you live in.
Large Items: Our standard shipping methods are air or ocean to the nearest port unless other arrangements are made. As delivery times vary, please inquire when placing your order.
Local Customs and duties outside Australia
Outside Australia, you may be subject to import duties and taxes levied when a shipment reaches your country. Additional charges for Customs clearance are your responsibility; CHIBALL WORLD PTY LTD has no control over these charges and cannot predict what they might be. Customs policies vary widely from country to country; we recommend you contact your local Customs office for further information.
Additionally, when ordering from CHIBALL.COM, you are considered the importer, and must comply with all laws and regulations of the country in which you are receiving the goods. Generally, Customs forms for international packages will list the value of your order’s contents by product type.
Calculating shipping rates
Shipping rates are calculated by the dimensional weight or actual weight of the products being shipped (whichever is the greater of the two). Rates are also determined by the final shipping destination. If shipping destinations are outside major city centres, an additional fuel surcharge may be added.
To confirm shipping rates
Please contact us directly, at +61 8 8121 9770. Alternatively, you can also send an email to firstname.lastname@example.org.
Do you still have questions?
To enquire about our products and services, contact one of our knowledgeable Customer Service Representatives on +61 8 8121 9770.
If you have a question about our Terms & Conditions, please email us at email@example.com.
CHIBALL WORLD PTY LTD, operating under licence from ChiBall Education Pty Ltd as CHIBALL™ and CHIBALL.COM,
PO Box 581, Walkerville, South Australia, 5081