Terms of Service - MoveMedics
The website accessible at www.movemedics.com.au and its related services, products, websites, social media pages, tools and applications (“Website”) is owned and operated by Fitness Wonderland Pty Ltd ACN 143 087 307 as trustee for the Fitness Wonderland Trust trading as MoveMedics ("MoveMedics").
Before using the Website, you must read these terms of service (“Terms of Service”) and all other policies. All of our other policies are available on the Website.
These Terms of Service may be updated by us from time to time, and the updated Terms of Service will apply from the date they are published on the Website. Each time you use our Website you should revisit these Terms of Service. These Terms of Service are effective as of August 2019.
1. DEFINITIONS & INTERPRETATION
In these Terms of Service unless inconsistent with the context or subject matter:
(a) “Account” means a User’s online account to use our Services;
(b) “Applicable Laws” means any applicable laws (including orders, by-laws and regulations) in the jurisdiction in which you and any User you are interacting with are located or which in any way govern or affect your use of the Services;
(c) “Content” includes any material, text, pictures, sound, graphics, video, Courses and other data whether in written form or otherwise;
(d) “Courses” means any courses we provide to you on the Services from time to time;
(e) “Information” means any information, Content, documents, links or attachments;
(f) "Intellectual Property" includes without limitation copyright, trade marks, patents, processes, know-how, designs and other like rights whether recorded in writing or otherwise and includes any of the following:
(i) the Website, including the Courses;
(ii) data, source codes and other information technology relating to or connected with the Website;
(iii) books and records relating to or connected with MoveMedics;
(iv) advices (including without limitation verbal advices) relating to or connected with MoveMedics;
(v) technical information, including trade secrets, drawings, plans, encryptions, codes and product descriptions and information relating to or connected with MoveMedics;
(vi) agreements relating to or connected with MoveMedics; and
(vii) ideas or models relating to or connected with MoveMedics, even if not reduced to material form;
(g) “Loss” means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including lost profits, loss of goodwill, loss of business, loss of production and any other special, incidental, exemplary, compensatory or consequential damages, losses, expenses, or lost or stolen programs or other data (howsoever arising or caused, including, without limitation, negligence;
(i) “our”, “us” and “we” means MoveMedics;
(j) “Services” means any services we provide to you, including the Website;
(k) “Subscription” means a subscription plan for the purchase of Courses through the Website;
(l) “User” means any person who uses the Website;
(m) “you” and “your” means a User.
In these Terms of Service, unless inconsistent with the context or subject matter:
(a) a reference to a person includes any other legal entity and vice versa;
(b) words importing the singular number include the plural number and vice versa;
(c) a reference to a party includes the party's heirs, executors, successors and permitted assigns;
(d) headings are for reference purposes only;
(e) where any word or phrase is given a defined meaning any other part of speech or other grammatical form concerning the word or phrase has a corresponding meaning;
(f) references to writing include any mode of representing or reproducing words in tangible and permanently visible form, and includes e-mail;
(g) unless otherwise stated, a reference to a monetary amount is a reference to an Australian dollar currency amount; and
(h) an obligation of two or more parties binds them jointly and each of them severally.
2. USING THE WEBSITE
2.1 This Website provides you with access to purchase and view online Courses as well as general health information.
2.2 Our Services are available only to, and may only be used by, persons who can form legally binding contracts under Applicable Laws. Without limiting the foregoing, our Services are not available to persons under 18 years of age. If you do not qualify, please do not use our Services.
2.3 As a condition of your use of this Website, you warrant that you will not use this Website for any purpose other than the purpose it was created for, or for any purpose that is unlawful or prohibited by these Terms of Service.
2.4 You may not use this Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of this Website.
2.5 Your use of the Website and our Services, and Information you provide us, must not:
(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any Applicable Laws (including those governing consumer protection, unfair competition, criminal law, antidiscrimination or trade practices law);
(e) be defamatory, trade libellous, unlawfully discriminatory, threatening or harassing;
(f) be obscene;
(g) contain comments of a religious, political or social nature;
(h) contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of this Website;
(i) create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other Users or other suppliers;
(j) damage the credibility or integrity of the Website or MoveMedics, or dilute, tarnish, or otherwise harm our brand in any way;
(k) breach or violate any of our policies;
(l) link directly or indirectly to or include anything that:
(i) you do not have a right to link to or include, or
(ii) could cause us to violate any Applicable Laws;
(m) copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms of Service;
(n) use the Website for any purposes that are not permitted by these Terms of Service or in any way that is inconsistent with the purpose of the Website, or in a manner that falsely implies MoveMedics endorsement, partnership or otherwise misleads others as to your affiliation with MoveMedics;
(o) use our Website in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
(p) "stalk" or harass any other User, or collect or store any personally identifiable information about any other User other than for the sole purpose of transacting through the Website in compliance with these Terms of Service.
3. YOUR ACCOUNT
3.1 To access and use the Website, you may need to register with us and set up an Account with your email address and a password. You are solely responsible for maintaining the confidentiality of your password and you are liable for all activities that happen under your Account, even if you do not authorise such activities.
4. ENROLMENT IN COURSES
4.1 You may access the Website and view the Courses without registering for an Account. However, if you wish to purchase and enrol in a Course you will need to register for an Account and submit a course registration application (Application).
4.2 Any Application through the Website for a Course is an offer by you to enrol in the particular Course for the price at the time you submit your Application. Any Application you submit is subject to any terms or limitations shown on the Website for the Course.
4.3 We reserve the right to accept or reject your Application for any reason and at any time, including without limitation if the requested Courses are not available, if there is a pricing error or if there is an issue with the Website.
4.4 The prices for the Courses are displayed on the Website at the time you submit your Application. We may offer free courses from time to time which do not require payment details to be provided. However, if the Course is a paid course you must provide a payment method as specified on the Website. We will charge you and you agree to pay the purchase price and any other fees shown to you on the Website for the Course at the time you submit your Application, except for free Courses or where otherwise specified. We reserve the right to change prices any time before we accept an Application.
4.5 We may offer Subscription for certain Courses through the Website from time to time. Where a Subscription is available payment of the price for the relevant Course is to be made in instalments via direct debit or as otherwise specified on the Website at the time you submit your Application. You must provide us with current credit or debit card details and you irrevocably authorise us to debit the then stated fee on the Website from your nominated bank account/card at the time you submit your Application, and on a recurring basis for the period as specified on the Website. You may also choose to make payment by other payment methods specified on the Website. If payment under a Subscription is not made when due we reserve the right to cancel your Account, or stop providing the Courses. We may also charge you a late payment fee.
4.6 You authorise us, directly or through third parties, to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
4.7 Our payment provider may charge you a fee depending on the payment method used by you (for example, payments made by credit card). You agree to pay such payment fees to us at the same time as paying our fees.
4.8 Please note that we may impose or deduct foreign currency processing costs on or from any payments or payouts made in currencies other than Australian dollars.
4.9 To the extent permitted by law, all cancellations outside the conditions of clause 6, will be non-refundable under any circumstances.
4.10 All fees are exclusive of GST (unless otherwise indicated).
5. ACCESS TO THE COURSES
5.1 Once we have accepted your Application and received valid payment of all required fees in full for the Course we will give you access to the Course which you have enrolled for.
5.2 When you enrol in a Course from us (whether it is a free or paid Course) you are getting from us a licence to view the Course within the Services. Courses are licensed to you only. The licence does not grant you the right to resell the Course in any manner (including sharing of Account details so that others can view the Courses).
5.3 We grant you a limited, non-exclusive, non-transferable licence to access and view the Courses and associated content for which you have paid all required fees, solely for your personal and educational use through the Services in accordance with these Terms of Service.
5.4 Except where otherwise specified on the Website, we will generally grant you a lifetime access licence to the Course you are enrolled in, however we reserve the right to revoke your licence to the Courses at any time for any reason, including without limitation if you cancel your Application or where we decide to remove the Course from the Services.
6. CANCELLATION (BY YOU)
6.1 If you place an order for a Course that is not what you expected, you can cancel your order at any time for a full refund on providing us with 30 days written notice. If your order is on a Subscription you will be refunded any payments made and all future debits/payments will cease.
6.2 If we believe you are abusing our cancellation policy we reserve the right to withhold your refund and suspend your Account.
7. CANCELLATION AND VARIATION (BY US)
7.1 We reserve the right to cancel or vary any Course (including the Content and pricing) at any time where we deem it necessary to do so at our sole discretion. This may be for example where new evidence is released on a subject. Where we do so, we will make every reasonable effort to notify you.
7.2 If you do not pay any amount you owe to us by the due date for payment, or if you are in breach of these Terms of Service, we reserve the right to:
(a) restrict your access to the Services;
(b) withdraw you from any enrolled Courses; and
(c) retain any amount paid by you.
8. YOUR LEGAL RIGHTS
8.1 Your purchase of Courses will be subject to certain laws including, without limitation, the Australian Consumer Law. Our Courses come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Courses repaired or replaced if the Courses fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms of Service shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
9. ACCESS AND TERMINATION
9.1 We reserve the right, in our sole discretion, to terminate your access to this Website or any part of it at any time, without notice.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 You acknowledge our title (or the rights granted by a licensor) to the Intellectual Property and undertake not to do anything or permit or omit any action which would or might:
(a) invalidate or put in dispute our right or title to the Intellectual Property or any part of it;
(b) oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it;
(c) support any application to remove or undo the title in the Intellectual Property or any part of it; or
(d) assist any other person directly or indirectly in any of the above.
10.2 When you provide us with or post any Information to our Services you:
(a) grant us and represent that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property right to that Information, in any media;
(b) waive all moral rights you have in the Information to the fullest extent permitted by law; and
(c) represent and warrant that you are authorised to provide that Information to us and that it does not infringe any intellectual property rights of any third person.
10.3 You agree that:
(a) you will not copy, reproduce, alter, modify, create derivative works, or publicly display (other than on the Website) any Intellectual Property except with our prior written permission or the appropriate third party authorised to grant such permission;
(b) you must not attempt to disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in the Website;
(c) no right, title or interest in any of the Intellectual Property is transferred or granted to you, except so far as expressly stated in these Terms of Service; and
(d) we are not liable or responsible for any Loss that you may experience in submitting Information to us or for our use of your Information in accordance with the licence granted.
10.4 We may in our sole and absolute discretion refuse or remove any Information from the Website.
11. THIRD PARTY SERVICES
11.1 Our Courses and the Website may be provided through third party service providers. Where the Courses or Website require a third party service to operate, we shall not be liable to you for any loss, claims or damages however arising in connection with that third party including where they arise from causes beyond our reasonable control, including but not limited to the third party service malfunctioning, internet malfunctioning, the third party terminating our access or your access, natural disasters, hacking, or any other factors that may impact the functioning of our Services which are beyond our control.
11.2 You acknowledge and agree that by utilising any third party services through our Website you are bound by the terms and conditions of that third party. Where data is stored on a third party service provider, they will be stored in accordance with that third party’s terms.
11.3 In the event we provide linking services with third parties, you authorise us to undertake to provide details as necessary to that third party.
12.1 You acknowledge and agree that your use of this Website is at your own risk. We provide our Services on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in this Website for any purpose, to the maximum extent permitted by applicable law, anything contained in this Website is without warranty of any kind. For the avoidance of doubt we give no warranty that the Website and health information contained therein (whether from third party sources or otherwise) is free from error, suitable for your purposes, or will deliver any particular result.
12.2 No Medical or Health Advice
(a) The Content contained on the Website and in any linked or referred to materials or websites is not and should not be construed as medical or health advice. The Content is provided as a convenience to you and is to be taken as general information only.
(b) This Website is not intended to establish a doctor/health practitioner-patient relationship between us and you, nor is it intended to replace the services of a health care professional. The Website is not a clinical tool and should not be relied on as a substitute for any professional medical or health advice, diagnosis or treatment. We cannot and will not, assume the role of your doctor or nutritionist.
(c) If you think you may be suffering from any medical condition, you should seek immediate medical attention from an appropriately qualified medical practitioner. You should always speak with your doctor or other healthcare professional before adopting any treatment for a health problem or before relying on any Information on the Website. You should not rely on any information contained in the Website or linked or referred to materials or websites in making medical, health-related or any other decisions of any kind.
(d) While every effort is taken to ensure the Content is accurate, we make no representations and give no warranties that the Content is correct, current, complete, reliable or suitable for any purpose, or that the Website is free from viruses. We disclaim all liability for any direct or indirect loss, damage, cost or expense suffered by you arising in connection with your use of, or reliance upon, the Content or the Website.
(e) You acknowledge that you are solely responsible for following, or not following, or making an assessment of any advice and/or use any Courses that we provide or recommend via the Website and that we are not responsible for any loss that you may suffer as a result of use of the Website, or Services.
(f) If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
(g) You acknowledge and agree that we are based in Australia and make no representation or warranty with respect to whether the Content or the Website is appropriate, legal or compliant with Applicable Laws of other jurisdictions. If you access the site from outside Australia, you do so at your own risk and are responsible for compliance with the Applicable Laws of your jurisdiction.
12.3 This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or your use of this Website.
13. LIMITATION OF LIABILITY
13.1 You hereby release us and our officers, directors, agents, related entities, related bodies corporate, employees and contractors) from all Loss suffered by you or any other person relating to or arising out of the provision of the Services or these Terms of Service or the supply of Courses by MoveMedics.
13.2 We exclude our liability to you or any other person or entity for any Loss including without limitation (any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss) whatsoever arising as a result of your use of or reliance on our Services or the Courses.
13.3 To the extent permitted by law, and without limiting any rights that you may have under the Australian Consumer Law, our liability to you is limited at our option to the repair or replacement of the Courses or the re-supply of equivalent Courses.
13.4 The limitation and exclusion of liability in this clause applies whether the liability claim is based on breach of contract, under a warranty or an indemnity, tort (including negligence), under statute, in equity or otherwise.
13.5 This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Services.
14.1 You agree to indemnify and hold us and our related entities, related bodies corporate, officers, directors, agents, and employees, harmless from and against any actions, claims, demands, proceedings, Losses of every kind and nature, known and unknown (including legal costs on a solicitor own client basis) and claims made by third parties, due to or arising out of your breach of these Terms of Service or any policy or the terms and policies they incorporate by reference, or your violation of any law or the rights of a third party, or otherwise arising directly or indirectly from your use of the Services.
15.1 We take all reasonable steps, however we do not guarantee the security of the Website, our records, or your Information. We disclaim all liability for any computer virus or technological problems that are beyond our control.
15.2 Continuous accessibility to the Services is dependent upon third party services and as a result, the Services may be inaccessible from time to time. We cannot guarantee continuous or secure access to our Services and to the extent permitted by law, we do not give any promises or warranties about the availability of our Services, or that the Services will be provided uninterrupted, delay-free or error-free.
16.1 If you are in the business of providing similar Services then you are a competitor of us. Competitors are not permitted to use or access the Website. If you breach this provision, we will hold you fully responsible for any Loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
17.1 Please be aware that any testimonials on the Site may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
18. THIRD PARTY SITES
18.1 The Website may contain links to other websites.
18.2 MoveMedics is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy, completeness or for compliance with any laws, regulations or codes of conduct by MoveMedics.
18.3 Inclusion of any linked website on the Website does not imply approval or endorsement of the linked website by MoveMedics.
18.4 By using the Website to search for or link to another site, you agree and understand that you will not make any claim against us for any damages or losses, however arising, which results from your use of the link to access another site.
19.2 By using this Website you acknowledge and agree that internet transmissions are never completely private or secure and understand that any message or information you send to the Website may be read or intercepted by others.
19.3 You authorise us to use, store or otherwise process any information including personal information which relates to and/or identifies you, to the extent reasonably necessary for the provision of any goods and services requested by you.
20.1 Accessing information from the Website is done so at your own risk and you will be responsible for compliance with the laws within your jurisdiction.
20.2 These Terms of Service are governed by the laws of Queensland, and the parties submit to the jurisdiction of the Courts of Queensland and relevant federal/Commonwealth courts competent to hear appears from them.
20.3 These Terms of Service shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
20.4 If a clause of these Terms of Service is void or unenforceable it must be severed from or read down to the extent necessary from these Terms of Service and the clauses that are not void or unenforceable shall be unaffected by the severance.
20.5 You agree that these Terms of Service and all incorporated agreements may be assigned by us in its sole discretion without notice. You may not assign these Terms of Service without obtaining our prior written consent.
20.6 Our failure to enforce a provision of these Terms of Service or act with respect to a breach by you or others does not constitute a waiver of that provision or breach or a waiver of our right to act with respect to that breach or subsequent or similar breaches. The waiver of any such provision or breach will be effective only if in writing and signed by a duly authorised representative of MoveMedics.
20.7 These Terms of Service and our policies comprise the entire understanding and agreement between you and us with respect to the subject matter hereof.
20.8 Nothing in these Terms of Service or your use of the Website establishes or creates a joint venture, partnership, consortium, franchise, employment or agency relationship between MoveMedics and Users.