Terms and Conditions

[last updated March 2021]

Contact us with feedback, comments or complaints

Contact person:	Emma or Carla (it will be one of us replying to you)
Mail:	PO Box 7036, Greenway ACT 2900
Email:	[email protected]

These are our Site rules.  You have to follow them.

The Merrymaker Sisters website https://themerrymakersisters.com/ is owned and managed by Get Merry Ventures Pty Ltd ABN 97 621 193 299. When we use the word ‘Site’, we are referring to our website and our social media pages, apps and ebook.

When you read the words ‘we’, ‘us’, or ‘ours’, it means The Merrymaker Sisters. The words ‘you’, ‘your’ or ‘user’ means you, the visitor of our Site or user of our services.

If you access or use this Site you agree to follow these terms and conditions, including our privacy policy [https://themerrymakersisters.com/privacy-policy/]. You do not have to sign this agreement for the terms to be binding on you. We encourage you to read and understand these terms and conditions before using our Site or our services.

We may revise these terms from time to time and the new provisions will take effect from the date they are updated and posted on our website. We have included a ‘last updated’ date at the top of this agreement to help you keep track of any changes.

Health and safety disclaimer

When you choose to use our Site or purchase products or services from our Site, you acknowledge and agree that this is your choice and remains your sole responsibility. To be clear, we are not responsible for your decision to use our Site, products or services. It is your responsibility to research the accuracy, completeness, and suitability of all information found on the Site for any purpose.

Our Site should not be used as a substitute for professional medical advice, diagnosis or treatment. Always consult your professional healthcare providers before making any health-related decisions. 

While every care is taken to ensure that our classes are designed safely and effectively to move and rejuvenate your body and mind, our activities do carry some inherent risks. In particular, physical exercise carries the risk of personal injuries. Injuries may arise from for example, your incorrect usage of techniques or equipment, or fatigue, pain, frustration and or anxiety. 

We make no guarantees that our classes are suitable for people with different levels of fitness and abilities. You remain solely responsible for your safety and wellbeing when using our classes. 

The exercise classes from our Site are not designed to suit the needs of pregnant or breastfeeding women, or people who suffer from physical injuries. If you fall under these categories, please seek approval from your doctor before commencing any of our classes. 

We may host challenges from time to time through our Site. You agree to participate in these challenges at your own risk and you understand that you can withdraw from these challenges at any time.

The recipes on our Site are not formulated to suit any nutrient deficiencies, allergies or any other food related health problems. Our recipes are also not formulated to suit the needs of pregnant or breastfeeding women. Please contact us prior to purchasing if you are unsure whether a product is suitable for you and we may require you to seek approval from your doctor before using any of our recipes. 

If you are pregnant or are breastfeeding, we recommend you visit an Accredited Practicing Dietitian to help create a specific dietary plan to you and your baby’s needs. 

Our Site

Some parts of our Site are only available to members. For example, you need to become a member to access our MerryBody Online Studio.

You do not have to be a member to purchase products through our Site. Our products include:

• The Get Merry Easy Healthy Recipes app
• The Get Merry ebook 

You can browse and access some features of our Site for free and without being a member. These features include:

• The Get Merry Podcast
• Our blogs
• Some of our recipes 

TERMS OF USE – MERRYBODY ONLINE STUDIO.

You must become a member with us to be provided access to our MerryBody Online Studio (‘Studio’). We offer a combination of Yoga, Pilates and Meditation classes in our Studio:

• Every Monday AEST, a new Yoga or Pilates class will be added.
• Every month, a new Meditation class will be added.
• Every three months, a masterclass will be added.
• You will also have access to our live video Q&As and tutorials inside our community Facebook group. 

Classes in the Studio do not expire. You will get unlimited access to everything inside the Studio for the length of your membership. 

We reserve the right to change or remove any content from our Studio at any time without notice. 

Membership

To become a member, you will need to register as a member by completing our online form.

We expect you to be honest and give us accurate and up-to-date information when you register as a member. You can choose a username which is different to your real name, but you can’t pretend to be someone else or use a vulgar or offensive username.  

Don’t tell anyone your login details. It is your responsibility to monitor who has access to your login information. If it comes to our attention that your login details are used across multiple IP addresses, we may terminate your access without providing a refund.

Payment

You must make payment for your membership prior to being provided with access to the Studio. You can make payment by credit card or PayPal. We will email you your login details once payment is made. 

You can choose whether you want to be a monthly member or annual member:

• When you join monthly, payment will be automatically deducted on the same day every month.
• When you join annually, payment will be automatically deducted on the same day every year.

You can upgrade your membership from monthly to annually at any time by emailing us. 

Your subscription will automatically renew unless you turn off auto-renew from your Account Settings (if you purchased via your App Store) OR you email us to request to cancel at least 24 hours before the end of your current period. You will be charged for renewal 24 hours prior to the end of your current period. 

For LIFETIME Memberships:

– The offer means the lifetime of MerryBody but hey, we’re not planning on going anywhere! MerryBody has fast become our legacy.
– The Membership cannot be transferred to another person.
– The lifetime offer is in relation to the MerryBody Membership as it exists now (for example, if another level or tier was to be added into the future, you would remain on this current tier.)  

Refund, cancellation, and termination

We will provide you 100% refund if you decide to cancel your membership within the first 30 days of becoming a member and, you are dissatisfied with MerryBody.

If you wish to cancel your membership after 30 days, you can do so. You will not be charged for any future payment, and we will not provide a refund for your current month if you join monthly, or for your current year if you join annually. You will continue to have access to the Studio until the last day of your current month or year.

If we find out that you have provided us with inaccurate or untrue information when you registered for membership or if you break any of these terms, we can terminate your membership without providing a refund.

Disclaimer

Anything contained in the Studio is for educational purposes only and we take no responsibility for any use made by you of our materials.

While every care is taken, we make no representations about the suitability, reliability, availability, timeliness, completeness and accuracy of anything provided in the Studio for any purpose. Anything contained in the Studio is provided ‘as is’ without warranty or condition of any kind.

TERMS OF USE – RECIPES

From time to time, we upload recipes onto our website which you can access for free. 

If you want to have access to more of our recipes, you can purchase and download our Get Merry Recipe App from Apple Store or Google Play Store. Links to these sites are provided on our website. You will need to make a purchase through these sites who have their own payment and refund policies. 

You can also purchase and download our Get Merry ebook by completing the order form on our website. Payment to us must be made by credit card or PayPal.

We don’t have to give you a refund, except in a few cases where the law says we have to.  

TERMS OF USE – GET MERRY PODCAST

We regularly upload episodes of our Get Merry Podcast onto our website and other podcast apps such as Apple Podcast, Spotify and Overcast. You can access our podcast for free. Third party sites have their own terms and conditions. 

The only purpose of our Get Merry Podcast is to share knowledge and subjective opinions, and to offer entertainment. It does not constitute medical or other professional advice or services and is no substitute for professional care or advice by a doctor or other qualified medical professional. 

We assume no liability for your use of or reliance on our podcast including your activities or decisions in connection with our podcast.

TERMS OF USE – BLOGS

We regularly post blogs onto our website and you can access them for free.

The only purpose of these blogs is to share knowledge and subjective opinions, and to offer entertainment. Our blogs do not constitute medical or other professional advice or services and they are no substitute for professional care or advice by a doctor or other qualified medical professional. 

We assume no liability for your use of or reliance on our blogs including your activities or decisions in connection with our blogs. 

Payment terms and refund policy

If you make a direct purchase with us through our Site, your payment options are by credit card or PayPal. If any payment is dishonoured for any reason, you will be liable for dishonour fees. If money owing to us remains unpaid, you will also be liable for any costs and disbursements that we incur in pursuing the debt (including legal costs on a solicitor and own client basis) and debt collection costs to the extent permissible under relevant legislation.

If you make a purchase of our products through third-party sites, you must follow the payment and refund policies of those sites.

Other than our 30 days refund policy for members of the Studio, we will only refund your purchase price if there is a major problem with our products or services (for example, if our app does not function, or if the digital files in the Studio are damaged and cannot be played by any device). You will not be entitled to a refund if you simply change your mind. 

We want you to join in, but you have to play nice. Don’t break any laws, sell or exploit our content/products or use vulgar or offensive language or hate speech.

We encourage you to contribute to the Site by submitting comments, participating in the Site discussion forums and, where appropriate, uploading information and photos (‘Submissions’).

You must not post, display or otherwise contribute to the Site anything that belongs to someone else, any private information about someone else, or anything that is unlawful, offensive, mean, nasty (even if it’s true!), or spam. 

You warrant that you hold the necessary rights and interests to use any material in your Submissions. You retain any ownership rights you already have in your Submissions. By posting Submissions, you agree that we can reproduce, modify, publish, and distribute the Submissions. You warrant that we won’t breach anyone else’s rights if we do so, and you agree to indemnify us against any claims made for breach of third-party rights in respect of your Submissions. 

We reserve the right to review, flag, modify, refuse to post, or remove any or all Submissions from the Site, but we have no obligation to do so. We will not be responsible for anyone’s Submissions.  You understand that we have no control over the appropriateness, accuracy, or completeness of any Submissions.

You aren’t allowed to:

• use the Site for any purpose that is unlawful or prohibited by these terms;
• use the Site in a manner which could damage, disable, overburden, or impair the Site or interfere with any other person’s use and enjoyment of the Site;
• collect or store personal data about other Site users;
• hack into areas of this Site that are not intentionally made available to you;
• distribute viruses, corrupted files or anything else that might damage the operation of any computer hardware or software; or
• decompile, reverse engineer, or try to copy or imitate our Site, products, services, or any underlying content.

Even if you stick to the rules, from time to time, others may not (we’ll deal with them separately!).  You understand that you use the Site at your own risk.

We promise, and you promise, not to say bad things about each other.

We encourage you to provide links to this Site, but if we tell you that we object to the way you provide links to this Site, you must immediately stop providing such links.

You acknowledge and agree that:

• you are solely responsible for your access to and use of the Site;
• the Site is provided ‘as is’ and ‘as available’;
• you have relied upon your own experience, skill and judgement to evaluate the Site and you are satisfied as to the suitability of the Site to meet your requirements. We do not promise that your access to and use of the Site will meet your requirements; 
• while we make efforts to maintain the security of our Site, we aren’t responsible for any loss, corruption or interception of data sent to or from the Site that occurs outside of our computer systems (such as those which occur while data is being sent over the internet). We disclaim all liability for any virus or technological problems that are beyond our control. We encourage you to install and use up-to-date anti-virus and firewall software on your devices; and 
• we do not promise that your access to and use of the Site will be uninterrupted, timely, secure or free from error.

We own the Site and everything on it.  Please don’t use it to advertise your brand/product, give our content or products to anyone else or claim that our content is yours.  If you do, we’ll stop you from using the Site and our information. Even if you’ve paid for it.

We own all intellectual property rights in the contents of the Site or has permission to use or display the materials on the Site. Unless we specifically agree in writing, nothing you do on the Site will transfer any ownership rights to you or permit you to assert any ownership rights over our intellectual property. You must not use, communicate, copy, display, share, distribute, resell, reprint, electronically reproduce, modify, translate, reformat, incorporate into other works, promote, create derivative works, or in any way exploit or allow others to exploit our intellectual property rights in whole or in part.

You must not use any of our logos or trademarks without first getting our written approval.

You can access and use the Site only for personal purposes. If you gain access to our materials through a membership subscription or purchase of our product, you can use those materials, but you must not give them to anyone else. You agree not to change or delete any copyright or proprietary notice from materials downloaded from the Site.

Content posted on this Site by third parties are the responsibility of those third parties and may be subject to copyright. You need to seek permission from the third party before using any of their content.

You can’t promote your own products or services on the Site (or anyone else’s products or services) or create the impression that we sponsor you, anyone or anything else. You can’t tell anyone or imply that this Site belongs to anyone other than us. 

If you break these terms, we will terminate your membership and prevent you from using the Site without providing a refund, and we retain our rights to enforce these terms against you.

We are not responsible for the content on linked sites or the actions or inactions of advertisers 

Our Site may include advertising or promotional material provided by third parties and contain links to websites operated by these third parties (‘linked sites’). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are also not responsible for any form of transmission you receive from any linked site. You should contact the relevant third party directly if you have any questions. 

You need to exercise your own judgement based upon your own personal circumstances before purchasing third party products or services. When you buy something from a third-party provider that advertised on our Site (we call them ‘affiliates’), please understand that your deal is with them and not us. If you have any questions, please give them a call.

Limitation of liability and indemnity

To the maximum extent permitted by law, we exclude all express or implied representations, warranties or guarantees about the Site or the content. 

If there’s anything we aren’t allowed to exclude (‘non-excludable term’), then our liability is limited, at our choice, to one or more of the following:

For goods:

1. replace the goods;
2. repair the goods; or
3. refund the cost of the goods.

For services:

1. supply the services again; or
2. refund part of or all of the cost of those services.

To the fullest extent permitted by law, you agree that we will not be liable for any loss of profits, loss of opportunities or damages suffered by any person arising from your access to, use of, or inability to access or use our Site. You agree that our total aggregate liability for any claim(s) by you relating to our Site is limited to $100.00 AUD. This amount will be reduced if you have contributed to your loss.

You must indemnify and hold us, and anyone who works for us harmless from any claims, losses, damages, liabilities, costs or expenses arising from your breach of these terms and conditions, failure to comply with any laws, or misuse or infringement of any third-party rights.

We might change or take down the Site from time to time.

We may, from time to time, modify or discontinue, temporarily or permanently, any or all of the Site.

Any legal issues will be taken care of in court.

If a fight breaks out between us, the dispute will be controlled by the laws, and in the courts, of Queensland, Australia.  It’s a nice place. We’ll recommend some restaurants.

Relationship 

You agree that no joint venture, partnership, employment, or agency relationship exists between us as a result of this agreement or your use of our Site. 

Validity 

If any part of these terms and conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations, then the invalid or unenforceable provision will be severed, and the remainder of the terms and conditions will continue in effect.

End.