TERMS AND CONDITIONS

Last Updated: September 8, 2019

TERMS OF USE

By accessing or using the Site (BEFORE5AM.COM) or any of our social media platforms, mobile applications, products or services, recommendations, information or media (including digital, mobile and physical media) shared by us or other parties, you accept the following terms of use and are granted limited and revocable access to the BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES assets. If you do not accept the terms and conditions in their entirety please leave the Site or any of our platforms or media outlets immediately.

DEFINITIONS

In our Terms and Conditions and Terms of Use BEFORE 5AM, THE JOE DUNCAN GROUP, IAMJOEDUNCAN, BEFORE 5AM LIFESTYLE, JOE DUNCAN (CEO and Founder) and all staff and company representatives is referred to as “we/us/our/the brand/the company”, BEFORE5AM.COM is referred to as the Site.

A user is defined as a non-commercial entity or individual who is a customer, consumer, follower, participant and or any individual who interacts with the BEFORE 5AM brand in any capacity including any digital or physical interaction and is referred to as “you/your/user/the user”.

The Terms and Conditions and the Terms of Use article and documentation is considered a legally binding document between BEFORE 5AM, the user and any third parties.

TERMS OF OWNERSHIP

All assets on this site (BEFORE5AM.COM) or any of our social media platforms, mobile applications, products or services, recommendations, information or media (including digital, mobile and physical media) is solely owned by BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES PTY LTD. With principle offices in North Sydney, Australia. Other than assets or media which have been licensed exclusively or non-exclusively by BEFORE 5AM or THE JOE DUNCAN GROUP OF COMPANIES. BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES are the exclusive and only rights holders to all content, information, material, products and services distributed under the BEFORE 5AM trademark and brand name. All content and media are owned and copyrighted by THE JOE DUNCAN GROUP OF COMPANIES PTY LTD.

ACCEPTANCE OF TERMS

Your use of the Site (BEFORE5AM.COM) or any of its media assets (as defined above) or products or services is deemed to be your exclusive agreement and acceptance of our terms and conditions. BEFORE5AM reserves the right to change these policy terms at any time by updating the terms of use on the Site. If you find any of these modifications unacceptable, you shall stop using the Site (BEFORE5AM.COM) and or its products, services and media assets. By continuing to use this Site or any of its media assets or products or services you will be deemed to have accepted the change.

By using this site and any of the Before 5am assets you accept the terms outlined in our terms and conditions.

ACCESS TO SITE CONTENT

The Site may be accessed and used in accordance with our Terms and Conditions by individuals for their own personal and non-commercial use. By accessing the site or any BEFORE 5AM assets you affirm that you are of legal age (18 years of age or older) and have the capacity to enter into the legally binding contract that is our Terms and Conditions and Terms of Use across all platforms, products and services.

BEFORE 5AM grants you limited access to publicly available content and information (defined below) on this Site and on all other media platforms under a limited and revocable license that can be terminated under any circumstances due to violating our Terms and Conditions or for any reason whatsoever. Under our limited license agreement with you (the user) you are only permitted to view our publicly available content, information and assets on this Site or any of our social media platforms. You are not permitted to reshare, copy, forge, imitate, transfer or on-sell our copyrighted work which is exclusively owned by BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES.

Unless specifically permitted or agreed upon by THE JOE DUNCAN GROUP PTY LTD no materials, information, graphics, illustrations, photographs, videos, articles, text, opinions, press releases, reports, guides, data, correspondence, email or any other content distributed by BEFORE 5AM may be reproduced or distributed in any form or used in any capacity without the prior written consent of BEFORE 5AM and THE JOE DUNCAN GROUP.

The Site and content are protected by copyright laws.

BREACH OF INTELLECTUAL PROPERTY AND COPYRIGHT

BEFORE 5AM and THE JOE DUNCAN GROUP PTY LTD are the exclusive and only rights holders to the BEFORE 5AM logo, name, trademark, trade names, all copyright protected content and material, intellectual property, products, services and all other forms of content and information distributed by BEFORE 5AM.

You acknowledge that BEFORE 5AM and THE JOE DUNCAN GROUP PTY LTD own and shall retain the exclusive right, title and ownership to all content, products, services, copyrights, trademarks, intellectual property on the site and across all social media platforms and all forms of digital and physical media. You agree to not use any BEFORE 5AM owned or created assets whether physical or digital in any country or region regardless of local law or provisions without the express written permission of BEFORE 5AM or THE JOE DUNCAN GROUP.

Failure to comply with these terms and regulations set out by BEFORE 5AM will be deemed a breach of intellectual property, copyright and ownership rights. In any event that our material, content or intellectual property has been used or used to imitate BEFORE 5AM we reserve the right to pursue, investigate and apply fines of up to $250,000 (USD) above and beyond local copyright infringement laws for illegally sharing, distributing, reproducing or copying BEFORE 5AM assets in either a digital or physical format. Compliance with these terms is mandatory as part of our user agreement and if you choose to share, distribute, reproduce or copy any BEFORE 5AM material or content illegally you do so at your own risk and at the full understanding of the legal implications. BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES has the right to seek full damages and costs including legal fees above and beyond $250,000 (USD) for breaking the Terms of Use.

PROHIBITED CONDUCT

You may use this Site only under the strict limitations set out by our Terms and Conditions and Terms of Use. These Terms and Conditions apply to all digital and non-digital activities or interactions with BEFORE 5AM and any violation of our Terms of Use is deemed prohibited conduct.

You may not upload to, distribute or otherwise publish through the Site or any of our social media platforms any content that is any of the following:

Is offensive, defamatory, obscene, libellous, pornographic, threating or harassing, abusive or otherwise objectionable to BEFORE 5AM or THE JOE DUNCAN GROUP OF COMPANIES.

Contains computer viruses, moles, worms or other destructive or malicious elements designed to interfere with or disrupt the operation of this website or any service provided.

Contains any false, inaccurate or misleading statements.

Violates the rights of others, such as content that infringes any trademark, copyright, trade secret or anything that violates any right of publicity or privacy.  Including and not limited to other users and their private information.

You may not collect or harvest any information from the BEFORE 5AM Site or any of the BEFORE 5AM social media channels and or products and services.

You may not modify or create variant versions of the BEFORE 5AM logo, name, trademark, products, social media accounts, services and published content in both digital and physical formats including written text.

You may not use the Site for any commercial purpose and you may not distribute over the Site any solicitations of funds, goods or services. In addition, you may not use the Site or social media platforms to solicit subscribers to join other information, corporate or commercial based services.

BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES reserves the right to investigate any violation of our Terms of Use or any action taken against us that may constitute a violation of local, national or international law.

PRIVACY

BEFORE 5AM and its third parties may collect certain data and information from you or about you as part of your access to the Site, social media platforms or through the purchase of products and services. Please refer to BEFORE 5AM’s Privacy Policy for information regarding the collection, use and storage of users’ data. BEFORE 5AM reserves the right to modify or revise their Privacy Policy at any time. You agree to the terms of our Privacy Policy as part of the Terms and Conditions to access the Site, all social media platforms and products or services.

USER GENERATED CONTENT

BEFORE 5AM allows users to generate and share user-based content from time to time on this Site, social media platforms and across the internet including the use of the BEFORE 5AM hashtag (#before5am) on any social media platform. User generated content is defined as photographs, videos, graphics, text, tags, posts, mentions, comments and other digital and physical based activity.

A user is defined as a non-commercial entity or individual who is a customer, consumer, follower, participant and or any individual who interacts with the BEFORE 5AM brand in any capacity including any digital or physical interaction.

A user is not an imposter, imitator or an individual or commercial entity who illegally uses the BEFORE 5AM trade name, logo, trademark, copyright protected work, intellectual property or otherwise aims to use the BEFORE 5AM equity or goodwill to falsely represent the BEFORE 5AM brand. This includes the use of social media accounts, websites, applications, groups, forums and any form of media that attempts to imitate BEFORE 5AM in any capacity. BEFORE 5AM reserves the right to prosecute and impose fines, restrictions and possess property for any breach of our Terms of Use and or Terms and Conditions.

You agree to behave in accordance with our Terms and Conditions and may not upload, distribute or publish any content that is offensive, discriminatory, obscene, pornographic, abusive, threatening, harassing or otherwise objectionable to BEFORE 5AM and its community.

Once content is generated or created BEFORE 5AM has the right to share it on its Site, social media platforms or other forms of media for the use of highlighting the user to the broader BEFORE 5AM community in a way that is deemed positive by BEFORE 5AM. BEFORE 5AM reserves the right to use user generated content as part of its archives, data, records and information for any reason whatsoever.

You the user are responsible for what you say, comment, post, reply, upload or share on the Site, social media platforms or through any digital platform or form of media. You take sole ownership and responsibility for your actions and you agree to indemnify BEFORE 5AM and THE JOE DUNCAN GROUP from any claims resulting from user generated content and any other interactions with BEFORE 5AM. By interacting with BEFORE 5AM on any platform or in any way you accept our Terms of Use and Terms and Conditions and take full responsibility for your own personal and public interactions with BEFORE 5AM.

Submitting user generated or user-based content constitutes your agreement with our Terms of Use and Terms and Conditions and BEFORE 5AM reserves the right to remove, delete and seek to take legal action against content which is deemed to be harmful or objectionable to BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES.

CHANGES TO THE SITE, PRODUCTS OR SERVICES

BEFORE 5AM reserves the right to modify, update or remove any section of the site at any time and under any circumstances without any prior consent to the user (you) or any third parties. You agree to any and all changes and accept that BEFORE 5AM is not liable to you or any third party for any modification, update, change, removal or withdrawal of or to the Site.

The Terms and Conditions and the Terms of Use will remain valid under any and all changes, modifications, updates, removal or withdrawal or part thereof made to the Site, products and services.

BEFORE 5AM reserves the right to modify, update, change or remove any product or service offered at any time and under any circumstances without any prior consent to the user (you) or any third parties. You agree to these terms upon purchasing any BEFORE 5AM product or service and accept that there will be no refunds, credits, returns and no agreement with you in any way to continue servicing any product or service. Under no circumstances will BEFORE 5AM be held liable for any product update, modification, removal or change to the overall product or service provided. The Terms of Use and the Terms and Conditions referred to in this document supersede any and all prior agreements we might have had between the User and BEFORE 5AM regarding the Site, products and services.

By continuing to use this Site (BEFORE5AM.COM) or accessing any product or service you agree and accept the Terms of Use and the Terms and Conditions without any exceptions.

DISCLAIMER OF PRODUCTS, SERVICES AND INFORMATION

BEFORE 5AM provides products, services, professional advice, non-professional advice, articles, information, data and strategies that are general in nature and are not specific to any one person, situation or circumstance. The user is entirely responsible for their interpretation and understanding of the information and content that BEFORE 5AM provides on any of its platforms, products or services. This includes all forms of communication including, email, replies, comments, phone calls, video conferences, direct messages and any other form of communication with BEFORE 5AM and THE JOE DUNCAN GROUP.

All advice written, spoken and shared from BEFORE 5AM is designed to be part of a healthy and well-balanced lifestyle. All strategies, data and information provided by BEFORE 5AM is sourced from THE JOE DUNCAN GROUP and referenced by our own data and understanding of human performance, wellbeing and societal issues. BEFORE 5AM seeks to only promote a healthy and wellbeing based lifestyle that is sustainable. Specific lifestyle, health and medical information should be referred by your health professional or general practitioner with regard to the implementation of the information provided based on your (the user) specific circumstances.

BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES is not liable for the interpretation or use of any information provided under any circumstances. The information provided is a general guideline for one to potentially base their lifestyle on or part thereof.

BEFORE 5AM does not offer any warranties or guarantees on the specific results of the information provided or contained within its site, products, services, recommendations, articles, media (including digital, mobile and physical media), reports, data and social media platforms. BEFORE 5AM has no control over how the user chooses to implement the information into their life therefore foregoing any responsibility or liability based on overall personal results. BEFORE 5AM and the information provided is designed for a broad spectrum of users ranging in age and lifestyle circumstances.

By using this site (BEFORE5AM.COM) and any of the BEFORE 5AM products, services, and media assets you accept the terms outlined in our Terms and Conditions. You accept that all information provided is general in nature and designed to be part of a healthy and wellbeing based lifestyle. BEFORE 5AM and THE JOE DUNCAN GROUP takes no responsibility for how you choose to implement the information into your life. By following the information provided by BEFORE 5AM you assume the entire risk and waiver your right to seek damages or take legal action against BEFORE 5AM in any event or circumstance.   

PRODUCT WARRANTY AND REFUND POLICY

BEFORE 5AM offers no refunds on its products or services. We stand by the quality of our products and have tested them rigorously in the real world and in a range of situations and circumstances. Any previews of our products can be seen on the Site (BEFORE5AM.COM) or viewed on various different social media outlets in a range of formats (photos, graphics, videos, challenges, descriptions, user-generated content, tutorials).

BEFORE 5AM products and services are designed to work in your life over a long period of time and any results, outcomes or changes that occur is based on the user’s ability to follow and implement the advice and strategies given in a practical sense relative to your circumstances. BEFORE 5AM provides a framework in which one can build upon and modify to fit their specific needs and requirements.

BEFORE 5AM offers no refunds on products or services including consultation, coaching, events, professional advice, meetings, training, corporate programs and any other service provided by BEFORE 5AM or THE JOE DUNCAN GROUP.

BEFORE 5AM and THE JOE DUNCAN GROUP OF COMPANIES is not liable for the interpretation or use of any information provided under any circumstances. The information provided is a general guideline for one to potentially base their lifestyle on or part thereof.

BEFORE 5AM does not offer any warranties or guarantees on the specific results of the information provided or contained within its site, products, services, recommendations, articles, media (including digital, mobile and physical media), reports, data and social media platforms. BEFORE 5AM has no control over how the user chooses to implement the information into their life therefore foregoing any responsibility or liability based on overall personal results. BEFORE 5AM and the information provided is designed for a broad spectrum of users ranging in age and lifestyle circumstances.

By purchasing any BEFORE 5AM product or service you accept our Terms and Conditions including Refund Policy and Warranty Policy and acknowledge that you have carefully read our Terms of Use and Terms and Conditions and accept that you release BEFORE 5AM and THE JOE DUNCAN GROUP of any liability. You waive and release any right you may have to bring legal action against BEFORE 5AM and THE JOE DUNCAN GROUP for any reason whatsoever including personal injury, loss of income or property damage.

Under no circumstances shall BEFORE 5AM or THE JOE DUNCAN GROUP be liable for any failure in performance relating to its products or services including any event that is directly or indirectly within our control or from any event or cause beyond our control or the users control including technical failures, equipment failure, software failure, hardware failure, electrical power failure, natural disasters, international and national governmental actions and any other unforeseen situations and circumstances that may impact the user experience.

BEFORE 5AM reserves the right to advertise, market, declare and state the features and benefits of its products and services in a way that may not always be accurate for every user, customer or client or their unique interpretation or understanding of the products or services capabilities and uses.

BEFORE 5AM makes no false claims about its products or services under any circumstances and the results and outcomes are based on the data of one or more persons or people achieving the results we have claimed or stated. Specific users may experience varying results based on how they choose to implement our products and services into their life. Our advertising is to be understood in a metaphorical or figurative sense.

BEFORE 5AM and THE JOE DUNCAN GROUP is not liable for any misrepresentation of our products or services and disclaim any responsibility for the accuracy and information provided about our products and services. 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless BEFORE 5AM and THE JOE DUNCAN GROUP, its subsidiaries, affiliates, related parties, officers, directors, managers, employees, members, agents, independent contractors, partners and representatives from and against any and all claims, damages, obligations, losses, liabilities, cost or debt and any expenses (including but not limited to all legal fees), resulting from or arising out of a) your use and access to the Site, products, services, social media platforms, recommendations, information and all forms of media (digital, mobile and physical) by you, any person or third party, or b) any breach of our Terms and Conditions and Terms of Use, or c) your violation, breach or misappropriation of BEFORE 5AM assets including logo, name, trademark, tradenames, or copyright protected content and material, intellectual property, products, services and all other forms of content and information distributed by BEFORE 5AM, or d) your wrongful acts including without limitation defamation, misrepresentation and any act deemed inappropriate and harmful to BEFORE 5AM and its relative parties.

LIMITATION OF LIABILITY

In no event shall BEFORE 5AM and THE JOE DUNCAN GROUP nor its subsidiaries, affiliates, related parties, officers, directors, managers, employees, members, agents, independent contractors, partners and representatives be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of personal or business profits, business interruption, loss of personal or business information, personal injury, loss of life or death, data, goodwill or other tangible or intangible losses resulting from a) your access to or use of or inability to access or use the site, products, services, social media content, recommendations, information, digital assets, mobile applications, direct or indirect communication (including email, replies, comments, phone calls, video conferences, direct messages) or any service or form of digital or physical media; b) any content obtained from BEFORE 5AM and THE JOE DUNCAN GROUP including and not limited to all media, communication, physical or digital assets or products or services; c) unauthorised access, use or alteration of your transmission or content, whether based on warranty, contract, tort (including negligence) or any other legal theory whether or not we have been informed of the possibility of such damage, and even if a remedy set forth is found to have failed of its essential purpose; d) any conduct or content of any third party service or provider (including payment services, product distributors, email services, data services, collection of information services, web and hosting providers, social media platforms, event and booking services, course providers) and or any damage or harm caused through their own negligence, breach or technical issue.

Your use of the site or any BEFORE 5AM product or service including all assets and media on any platform including social media is at your own risk. You understand that you are solely responsible for any action or physical or non-physical damage arising from your use of any and all BEFORE 5AM or JOE DUNCAN GROUP assets, media, communication, products and services. At no point is BEFORE 5AM or the JOE DUNCAN GROUP to be found liable or be liable to you for any damage or loss which arises out of your interaction or connection to BEFORE 5AM assets and information including all content (including BEFORE5AM.COM), products and services. The aggregate liability of the BEFORE 5AM and JOE DUNCAN GROUP parties shall in no event exceed $100USD. You agree to these terms as part of your terms of use and access to the BEFORE 5AM Site or its content, services or products. You accept and agree to use your best efforts to mitigate any damages or losses you may suffer in connection with your access to and use of the Site and all content.

THIRD PARTY LINKS, PROVIDERS AND SERVICES

BEFORE 5AM and THE JOE DUNCAN GROUP including its Site (BEFORE5AM.COM) may contain links and access to third party websites and services. These services are not under the control of BEFORE 5AM and THE JOE DUNCAN GROUP and we are not responsible for any third party link, provider or service and their conduct. These third party services are used mostly as a convenience to the user and enables BEFORE 5AM to facilitate certain business and non-business related services in a fair and affordable way. BEFORE 5AM as part of its corporate policy ensures due diligence when seeking to use and share a third party link, provider or service to you the user, however BEFORE 5AM does not review, approve, warrant or make any representation with respect to third party providers. Your interaction with all third party links is at your own risk. Any transfer or access through to any third party link, provider or service requires you to accept and understand the third parties terms, conditions and policies. BEFORE 5AM is not liable for the actions of third party providers in any way shape or form including but not limited to loss, damage and breach of privacy and data.

ELECTRONIC COMMUNICATION, VERBAL COMMUNICATION AND RESPONSE TO ONLINE REQUESTS

Any communication including all forms of electronic communication, written communication, verbal communication, spoken, non-written, presentations, public speaking, social media broadcasts, published articles and information, correspondence, business related, non-business related (personal or general in nature), all forms of email, announcements, statements, support requests, digital marketing, text messages, direct messages, comments, replies, answers, recommendations, tutorials, phone calls, video conferencing, coaching or consulting services (whether spoken or written in person or via electronic means), meetings, events, private discussions, advice, pro bono advice (whether spoken or written in person or via electronic means) and any and all interactions with BEFORE 5AM and THE JOE DUNCAN GROUP including visiting the Site (BEFORE5AM.COM) and any and all communication (including viewing or consuming any media or content delivered by BEFORE 5AM) on BEFORE 5AM social media platforms constitutes as your formal consent to receive communication directly from BEFORE 5AM and THE JOE DUNCAN GROUP and is taken as your formal acceptance of our Terms of Use and Terms and Conditions.

You communicate with BEFORE 5AM and any of its parties at your own risk and understanding. By communicating with BEFORE 5AM in any capacity (as defined above) you forego any and all rights to prosecute, indemnify, seek damages or make public any form of communication that may be harmful, libellous, defamatory, unwarranted, misrepresented or destructive to BEFORE 5AM and THE JOE DUNCAN GROUP in any capacity. Any and all communication and information from BEFORE 5AM is considered as general in nature and in no means specific to any single user or group. Any and all action taken by you or any third party in accordance with any form of communication with BEFORE 5AM and its parties is to be considered carefully, in the understanding that BEFORE 5AM and THE JOE DUNCAN GROUP is not liable for your actions in any way whatsoever and you accept that you are solely responsible for your actions or for any damage, loss, or personal injury. BEFORE 5AM is not liable for your personal actions and interpretations of any form of communication whether direct or indirect including any information or articles whether digital or physical in nature.

Compliance with these terms is mandatory as part of our user agreement and communication agreement with you the user. By continuing to communicate and interact with BEFORE 5AM in any capacity you consent to these terms. Failure to comply with these terms and regulations set out by BEFORE 5AM will be deemed a breach of our Terms of Use and Terms and Conditions. BEFORE 5AM reserves the right to revoke access and terminate or seek full damages for any form of communication that is in breach of our Terms of Use and communication agreement.

GOVERNING LAW AND JURISDICTION

You agree that these Terms of Use and any dispute arising out of your use of this Site, products or services, social media, all forms of media (digital or physical) and any other form of communication or correspondence provided by BEFORE 5AM or THE JOE DUNCAN GROUP OF COMPANIES PTY LTD will be governed by and construed in accordance with the laws of New South Wales, Australia without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between the user (you) and BEFORE 5AM regarding our Service, and supersede and replace any prior agreements we might have had between the user (you) and BEFORE 5AM regarding the Service.

ENTIRE AGREEMENT

The Terms and Conditions and the Terms of Use referred to in this document constitute the entire agreement between the user (you), any third party and BEFORE 5AM relating to the Site, products or services, social media, all forms of media (physical and digital) or all forms of communication, correspondence and any matter covered, and supersede all previous written or oral agreements between the parties. No oral or spoken communication including information, explanation, advice (professional or non-professional), presentation, meeting or conversation between the user and BEFORE 5AM and its parties shall constitute an agreement or supersede our Terms and Conditions and Terms of Use.

BEFORE 5AM reserves the right to make amendments to our Terms and Conditions and Terms of Use at any time.

Each provision of the Terms and Conditions shall be construed separately and independently of each other. If any provision of these Terms is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of the Terms and Conditions.