TERMS & CONDITIONS
Welcome to Movement Motivator!
When we talk about “the Company”, “we,” “our,” or “us” in these Terms, we are referring to Carenomix Pty Ltd (ACN 640 169 571), an Australian business with ABN 12 640 169 571. When we talk about the “Services” in these Terms, we are referring to our text message-based communications, our website www.movementmotivator.com (Website) and any associated services we offer.
We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.
These Terms set out the terms and conditions that apply when you use the Services.
By using the Services or otherwise engaging with the content on the Services, you represent and warrant that you:
- are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
- are the parent or legal guardian of a person under the age of 18 who intends to use the Services, and you agree to be bound by these Terms on that person’s behalf.
Please have a careful read through these Terms before using the Services. If you don’t agree to these Terms, please don’t use the Services.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the Services after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.
2. ACCOUNT REGISTRATION
In order to use the Services, you will be required to sign up for an account (Company Account).
When you register for a Company Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
- maintaining the confidentiality and security of your Company Account information and your password; and
- any activities and those of any third party that occur through your Company Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your Company Account information or your password.
We are providing FREE access to our Services as part of the Geelong pilot program that will last for a period of 6 weeks, commencing on the dates outlined on our Website and in our communications with you.
We will be offering prizes to certain participants as set out on our Website, which will be issued solely at our discretion.
5. ACCEPTABLE USE
We’ll need you to make a few promises about the way you’ll use the Services.
- not to copy, reproduce, translate, adapt, vary or modify the Services without our express consent;
- not to use the Services in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
- not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
- not to attempt to breach the security of the Services or the Company’s system security, or otherwise interfere with the normal function of the Services, including by:
- gaining unauthorised access to Company Accounts or data about other users of the Services;
- scanning, probing or testing the Services for security vulnerabilities;
- overload, flood, mailbomb, crash or submit a virus to the Services or the Company’s system; or
- instigate or participate in a denial-of-service attack against the Services or the Company’s system; and
e. to use our Services only for yourself and not on behalf of any other person or entity without our express permission.
6. YOUR CONTENT
6.1 TYPES OF CONTENT
As part of using the Services, you’ll be uploading information (including personal information, feedback, suggestions and enhancement requests) (Posted Information).
6.2 POSTED INFORMATION
By providing or posting any Posted Information, you represent and warrant that:
- you are authorised to provide the Posted Information;
- the Posted Information is free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;
- the Posted Information is not “passing off” of any product or service and does not constitute unfair competition;
- the Posted Information does not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);
- the Posted Information is accurate and true at the time they are provided;
- any Posted Information is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
- the Posted Information does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and
- the Posted Information does not breach or infringe any applicable laws, regulations or orders.
6.3 POSTED INFORMATION – IP LICENCE
By uploading any Posted Information, you grant to the Company (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Information in order for the Company to use, exploit or otherwise enjoy the benefit of such Posted Information.
6.4 REMOVAL OF POSTED INFORMATION
We don’t have any obligations to screen Posted Information in advance of them being posted and your compliance with these Terms is your responsibility. However, we may, if we choose, review and remove any Posted Information and/or your access to the Company Account at any time without giving any explanation or justification for doing so.
7. OUR CONTENT
Unless we indicate otherwise, all materials used in the Services (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the Services, except to the extent permitted by law or where you have received prior written approval from us.
8. THIRD PARTY CONTENT & LINKS
The Services may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.
The Services may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.
9. OPERATION OF THE SERVICES DEPENDENT ON THIRD PARTIES
You acknowledge that the Services are dependent on software and hardware developed by third party providers such as WhatsApp, Amazon and Google. If following an update by such third party provider, the Services can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.
10. SERVICE LIMITATIONS
The Services are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
- the Services will be free from errors or defects;
- the Services will be accessible or available at all times;
- messages sent through the Services will be delivered promptly, or delivered at all;
- information you receive or supply through the Services will be secure or confidential; or
- any information provided through the Services is accurate or true.
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Information), your computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process which you employ for accessing the Services does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.
- You acknowledge that when using the Services, it is your responsibility to comply with all applicable laws, including privacy laws.
- You acknowledge that you are required to obtain your own advice (including medical advice) and that anything suggested by us through use of our Services is appropriate and that you undertake to engage with our Service with an appropriate level of self-care and adherence to your own personal circumstances. As such, you warrant that:
- You will not use any benefit and guidelines provided by us to diagnose or treat a health problem or disease without consulting with a doctor, medical practitioner or other qualified healthcare provider;
- You will consult with your doctor, medical practitioner or other qualified healthcare provider with any questions you may have about a medical condition or treatment before starting a new exercise regime;
- If your doctor, medical practitioner or other qualified healthcare provider advises you not to exercise that you must not use our Services;
- You are wholly responsible for the way in which any exercise is undertaken if you use our Services; and
- Under no circumstances will we, our staff, agents, contractors, partners or other persons associated with us be liable or responsible for any damage, injury or loss caused through any engagement with our Services, including due to negligent acts or omissions.
13. LIMITATION OF LIABILITY DISCLAIMER
To the maximum extent permitted by applicable law, the Company limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services to $100 (AUD) in aggregate. This includes any personal injury, accident or death.
You agree to indemnify the Company and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the Services and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
For the avoidance of doubt, nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL).
To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
14.1 CANCELLATION BY YOU
You are responsible for the cancellation of your Company Account. You can cancel your Company Account at any time by using the functionality provided on our Website.
14.2 CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services or any part of the Services at any time without notice, for any reason.
We may also terminate your access to any or all of the Services at any time without notice if you breach any provision of these Terms.
16. LOCATION OF SERVICES
The Company controls the operation of the Services from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the Services will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the Services from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the Services.
- A notice or other communication to a party under this agreement must be:
- in writing and in English; and
- delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The Email address to be used is firstname.lastname@example.org. The parties may update their Email Address by notice to the other party.
- Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party’s Email Address, notice will be taken to be given:
- 24 hours after the email was sent; or
- when replied to by the other party,
- A notice or other communication to a party under this agreement must be:
whichever is earlier.
18.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in Victoria. Each party irrevocably submits to the exclusive jurisdiction of the courts of Victoria and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
18.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
18.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement.
- (singular and plural) words in the singular includes the plural (and vice versa);
- (currency) a reference to $; or “dollar” is to Australian currency;
- (gender) words indicating a gender includes the corresponding words of any other gender;
- (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
- (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
- (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
- (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
- (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
- (headings) headings and words in bold type are for convenience only and do not affect interpretation;
- (includes) the word “includes” and similar words in any form is not a word of limitation; and
- (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.