This website is operated by THEKENSTYLE.COM and THE WEB GORILLAS [ABN: 44270304291]. Throughout the site, the terms “we”, “us” and “our” refer to THEKENSTYLE.COM. THEKENSTYLE.COM offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
WE DO NOT STORE OR HAVE ACCESS TO ANY OF YOUR FINANCIAL INFORMATION.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
License to use website.
Unless otherwise stated, THEKENSTYLE.COM and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
republish material from this website (including republication on another website);
sell, rent or sub-license material from the website;
show any material from the website in public;
reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
edit or otherwise modify any material on the website; or
redistribute material from this website except for content specifically and expressly made available for redistribution.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without THEKENSTYLE.COM’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without THEKENSTYLE.COM’s express written consent.
Access to certain areas of this website is restricted. THEKENSTYLE.COM reserves the right to restrict access to other areas of this website, or indeed this entire website, at THEKENSTYLE.COM’s discretion.
If THEKENSTYLE.COM provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
THEKENSTYLE.COM may disable your user ID and password in THEKENSTYLE.COM’s sole discretion without notice or explanation.
Informational Purposes Only.
All information on this website and that information supplied to you as a part of your purchase on the THEKENSTYLE.COM is provided for informational purposes only and in no way shall be interpreted or construed to create any warranties of any kind, either express or implied, regarding the information contained on THEKENSTYLE.COM or any communication between THEKENSTYLE.COM and operatives of THEKENSTYLE.COM, including the programs we provide.
You agree that you will pay us for your access to the program services as explained during the purchase process and/or as stated in your Account Settings. All information that you provide in connection with a purchase or transaction or other monetary transaction on THEKENSTYLE.COM must be accurate, complete, and current. All Fees are due in advance of purchasing our program service products. All payments must be made via credit card and you authorize us to charge the Fees (and any other charges you may incur in connection with the program (such as taxes)) to your provided payment instrument in on a periodic basis in accordance with these Terms and Conditions, as displayed at the point of purchase. The customer is responsible for keeping its payment instrument and all associated information (such as the expiration date of a credit card) current at all times.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this website, for whatever purpose.
You grant to THEKENSTYLE.COM a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to THEKENSTYLE.COM the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or THEKENSTYLE.COM or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.
THEKENSTYLE.COM reserves the right to edit or remove any material submitted to this website, or stored on THEKENSTYLE.COM’s servers, or hosted or published upon this website.
Notwithstanding THEKENSTYLE.COM’s rights under these terms and conditions in relation to user content, THEKENSTYLE.COM does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Third-Party Links and Websites.
As a convenience only, this website may contain links to other websites belonging to or operated by third parties. By making these links available, we are not endorsing third-party websites, their content, products, services or the owners of these third-party websites.
It is your responsibility to make sure that you obtain any information which may be relevant to making a decision, and that you read the privacy and security policy on such third-party websites. We have no control over third-party websites and will not be liable for any loss or damage you suffer, whether directly or indirectly, as a result of your use of third-party websites. You agree that where you access third party websites you do so entirely at your own risk.
This website is provided “as is” without any representations or warranties, express or implied. THEKENSTYLE.COM makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, THEKENSTYLE.COM does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes or is meant to constitute advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability.
THEKENSTYLE.COM will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if THEKENSTYLE.COM has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit THEKENSTYLE.COM’s liability in respect of any: death or personal injury caused by THEKENSTYLE.COM negligence; fraud or fraudulent misrepresentation on the part of THEKENSTYLE.COM; or matter which it would be illegal or unlawful for THEKENSTYLE.COM to exclude or limit, or to attempt or purport to exclude or limit, its liability. By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, THEKENSTYLE.COM has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against THEKENSTYLE.COM’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect THEKENSTYLE.COM’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as THEKENSTYLE.COM.
If any provision of this website disclaimer is or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
By making your purchase on THEKENSTYLE.COM hereby indemnify THEKENSTYLE.COM and undertake to keep THEKENSTYLE.COM indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by THEKENSTYLE.COM to a third party in settlement of a claim or dispute on the advice of THEKENSTYLE.COM legal advisers) incurred or suffered by THEKENSTYLE.COM arising out your purchase and participation your personalized nutrition and training program.
By making your purchase on THEKENSTYLE.COM hereby take all responsibility and liability for the success of your personalized nutrition and training program, and hereby indemnify THEKENSTYLE.COM against any complaints or request for refunds.
By making your purchase on THEKENSTYLE.COM hereby accept THEKENSTYLE.COM offers no refunds in any case or situation. Refunds will not be provided for any program. THEKENSTYLE.COM does not provide credit, refunds, or prorated billing for any purchases. If you choose not to participate in your program from any point after you have made your purchase, you will not be refunded for any reason. THEKENSTYLE.COM reserves the right to offer refunds, discounts or other consideration in select circumstances at its sole discretion. Please note that each circumstance is unique and election to make such an offer in one instance does not create the obligation to do so in another.
You can cancel your subscription at any time. Please note you must cancel your Subscription before it renews for a subsequent program in order to avoid being charged for the next program. The cancellation will become effective from the end of the current subscription.
Pricing and payment.
The price of the services shall be that which are stated on the THEKENSTYLE.COM website or via legitimate THEKENSTYLE.COM promotion including social media platforms. Any pricing errors will result in your subscription being suspended until which time we can contact you via your preferred contact method. In the instance that THEKENSTYLE.COM cannot contact you, THEKENSTYLE.COM will render the order canceled and the amount received from you pertaining to the order will be refunded by the same manner in which it was paid.
All subscriptions must be paid in advance per month before any services will be delivered. All services are subject to availability and remain the property of THEKENSTYLE.COM until paid for in full.
Breaches of these Terms and Conditions.
Without prejudice to THEKENSTYLE.COM’s other rights under these terms and conditions, if you breach these terms and conditions in any way, THEKENSTYLE.COM may take such action as THEKENSTYLE.COM deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
All orders for service will be deemed an offer by you to purchase goods pursuant to these terms and conditions and are subject to acceptance by THEKENSTYLE.COM. THEKENSTYLE.COM may choose not to accept an order for any reason. By purchasing, you agree that all details provided to THEKENSTYLE.COM are correct, that the credit or debit card or PayPal account being used is owned by you, and that there are sufficient funds to cover the cost of the month of the subscription ordered in advance.
THEKENSTYLE.COM may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
THEKENSTYLE.COM may transfer, sub-contract or otherwise deal with THEKENSTYLE.COM’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction.
These terms and conditions will be governed by and construed in accordance with Australian law and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Queensland, Australia.
If you have any questions, please contact firstname.lastname@example.org