1 - About Move With Us
1.1 - These terms apply to the Move With Us mobile or digital application (App), the website at https://movewithus.com.au (Website) and associated fitness and nutrition services and products provided through them (Fitness Products), which are owned by Global Fitness Pty Ltd ABN 57 611 288 834 (‘Move With Us’, ‘we’, ‘our’, or ‘us’).
1.2 - Move With Us offers a variety of Fitness Products which are promoted via the Website and App.
1.3 - Move With Us does not offer face to face personal training and does not offer individually tailored exercise, fitness or nutrition advice.
1.4 - Fitness Products purchased through the Move With Us App are subject to these Terms and Conditions, but will not receive the same promotional gifts and benefits as purchases made through the Website.
1.5 - The Move With Us programs are generic programs based on the goals for fitness or weight loss which you indicate to us via the App. They are general guides to fitness and weight loss management and we do not provide individually tailored nutrition or exercise advice. The programs do not take into consideration your medical conditions, whether you are pregnant or breastfeeding or any other health or medical issues individual to you.
1.6 - Before starting any exercise or weight loss or reduction program including those supplied by Move With Us, you should make sure that you are not underweight, that you are physically able to participate in any program part of a Fitness Product and you must seek advice from your medical practitioner before starting a program.
1.7 - If you suffer from, or may suffer from, a medical condition or health concern, or if you are pregnant or breastfeeding, then it is especially important that you consult your medical practitioner before taking part in any program.
1.8 - Move With Us does not guarantee any particular outcome as a result of your participation in or use of any Fitness Products.
2 - Validity and Duration of programs
2.1 - After purchasing a Move With Us program that is provided on the Move With Us App, the purchaser will be granted 6 months access to that program on the App commencing on the specific program start date.
2.2 - After purchasing a Move With Us challenge, the purchaser will be granted access to that challenge on the App for the duration of that challenge period. For example, if you purchase a 6-week challenge, you will be able to access the challenge via the App for 6 weeks only, unless extended by the Move With Us Team for a limited period of time for all challenge users.
2.3 - At no time will the App access be paused or extended, other than in the circumstances outlined in paragraph 7.
3.1 - By registering an Account with us, or using or accessing the App and Website you will be acknowledging and agreeing that you:
(a) have read and understood these terms and conditions and agree to be bound by them;
(b) consent to the use of your personal information for the purposes set out in these terms and use of the App generally; and
(c) consent to receiving communications from us as outlined in paragraph 8 of these terms.
3.2 - Move With Us may amend its terms and conditions from time to time and will post its amended terms on the Website and App. The date of posting the amended terms on the Website and the App will be the date the new terms come into effect and apply to you. Your continued use of the Website and the App, Fitness Products and purchase of any other goods and services from Move With Us after posting of the amended terms will indicate your acceptance of the amended terms.
4 - Registration on a program and licence
4.1 - Customers must be at least 18 years old in order to register an Account, use or access a Fitness Product.
4.2 - Purchase of a Fitness Product is for you as a single user only. You may not authorise third parties to use any Fitness Product, or other digital product or service supplied by us to you via your Account.
4.3 - Upon purchase of an e-book, meal plans or nutrition guides you are entitled to download and print one copy of the item only. You are not permitted to copy or distribute it. A breach of this term will entitle us to terminate your access to any program you have purchased without refund.
4.4 - On registration for a program, Move With Us grants you a limited non-exclusive, non-sublicensable, non-transferable and revocable licence to use the materials provided with the program in accordance with these terms and conditions and solely for your personal use and enjoyment.
5 - Payments and refunds
5.1 - Customers must pay for all Fitness Products and other goods or services ordered through the Website at the time of purchase using the credit card payment facility or via PayPal in the Website.
5.2 - Unless otherwise specified, you must pay for all Fitness Products at the time of purchase using the payment facility or any other third party payment gateway that is offered via the App (in app purchase) or through an external app store such as the Apple app store (external app purchase). In app purchases are processed securely via our third party payment gateway providers. You must refer to their terms for additional information.
5.3 - External app purchases are purchased from and billed by the respective app store, not by us. You agree that:
(a) an external app purchase is subject to the terms, conditions and other licensing arrangements specified by that app store provider;
(b) external app purchases are processed securely via the payment gateway used by the relevant app store provider; and
(c) you must take up with the app store provider directly any payment-related issues you experience with an external app purchase or return requests.
(d) The price of external app purchase may vary based on your country of residence (as determined by the device location used to access the Application) and you will be charged for the amount of the purchase in the exchange rate calculated by the external app provider at the time of purchase - this includes any applicable charges, transaction fees and taxes billed by the respective app store. You are responsible for paying such fees.
5.4 - We offer new Customers a 7-day free trial of all programs (Free Trial). At the end of the Free Trial, you will be asked to purchase a Program, using the payment facility provided, in order to continue accessing the App. If you do not purchase a program, you will be unable to continue using the App. The Free Trial is limited to one Free Trial per Customer and cannot be transferred, repeated or extended.
5.5 - After purchasing a program, you will be granted a limited period of access to that program on the App, which commences on the Program start date or your date of purchase (whichever is earlier) and ends on the end date that is selected by you at the time of your purchase (Access Period). We offer Access Periods of varying durations so you may choose the Access Period that is best suited to your needs. To give you more flexibility, we allow you to continue accessing a program for the entire Access Period, notwithstanding that the program may have finished (for example, if you select a 4 week program with a 3 month Access Period, you could complete the program three times).
5.6 - At no time will the Access Period be extended unless you purchase extended access, or after purchasing the program, you discover a physical or medical condition (including pregnancy) that prevents your participation in that program.
5.7 - In the event that you are diagnosed with a medical condition (including pregnancy) and can no longer participate in a program, you must submit evidence of that condition to us at firstname.lastname@example.org. We will provide you with either (at our election) an extension to your program access dates, or a refund or a credit for the portion you are unable to complete. We reserve our rights to refuse any changes, refunds or credits unless you have submitted evidence of your condition to us as soon as you find out that you are unable to
5.8 - No other refunds are available in respect of Fitness Products, including accidental purchases, unused program periods, or any similar reason or event, unless a refund is required under the CCA.
6 - Exchanges
6.1 - We offer quick and simple returns so if you aren’t 100% happy with your online order, we are more than happy to offer an exchange. You will be required to return your purchase up to 30 days from the day you purchased it in order to receive an exchange. Simply email Move With Us to organise a return, at email@example.com.
6.2 - Please note that the Customer is responsible for any postage fees for returns except in cases where the item is confirmed to be faulty by our team.
7 - Faulty Equipment/Merchandise
7.1 - Move With Us has the right to assess the age and condition of returned merchandise that has been used prior to processing a refund or exchange. Unless the merchandise is deemed a genuine manufacturers fault or some other issue for which you are entitled to a refund under the ACL, exchanges and refunds will not be provided outside of the 30-day return period in paragraph 1, or after use.
7.2 - For online orders, simply email Move With Us to organise a return, at firstname.lastname@example.org.
8 - Privacy
8.1 - Move With Us is committed to protecting your privacy.
8.3 - Any personal information you provide to us will be collected for the primary purpose of providing you with access to and use of the Website and App and participation in and use of Fitness Products.
8.5 - If we are required by law, or if necessary for debt collection reasons or other Purposes, or where you consent, your personal information may be disclosed to a third party.
8.6 - Customers consent to the disclosure of their personal information for the Purposes including to overseas recipients.
8.7 - Overseas recipients may include entities providing services to us (including computer servers), such as cloud storage or data hosting, based in India or worldwide.
8.8 - We may use SMS and/or email to communicate with you. From time to time, we may send you information about Move With Us by post, email, telephone call or SMS.
8.9 - We may need to contact you to:
(a) administer accounts and process payments;
(b) communicate with you regarding any issues affecting your registration on a program or use of the App or other Fitness Product;
(c) provide information on services and benefits available to you through the App;
(d) provide reminders of program key dates;
(e) provide you with our periodic newsletters and updates about our services or special offers available to you; and
(f) conduct market research or surveys to improve the services provided by Move With Us.
8.10 - If you do not wish to receive any communications or SMS reminders from us, please advise us or alternatively follow the ‘unsubscribe’ instructions provided in the communication. You acknowledge that if you opt out of receiving SMS or other communications from us, this may adversely affect your use of the App or participation in a Fitness Product.
8.11 - Move With Us may disclose your personal information (including your contact details) to its professional advisers, a claims processor or an insurer if there is a Claim, a dispute, an investigation by any police authority or any governmental body or similar agency.
8.12 - MOBILE MESSAGING SERVICE
(a) The Move With Us mobile message service (the "Service") is operated by Global Fitness Pty Ltd ABN 57 611 288 834.
(b) Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice.
(c) To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
(d) By consenting to our SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
(e) Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g. cart reminders).
(f) You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with us. Your participation in this program is completely voluntary.
(g) We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
(h) You may opt-out of the Service at any time. If you are a receiving a message in the US or Canada, text the single keyword command STOP to opt out of receiving. If you are a receiving a message in Australia or the UK, click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you.
(i) If you have subscribed to other Move With Us mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For support or assistance in opting out of messaging from us, please email us at email@example.com.
(j) We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.
(k) The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
(l) To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
9 - Move With Us Rules including for use of social media
9.1 - Customers must:
(a) ensure that their login details for the Website and the App (including usernames and passwords) are kept confidential and not disclosed to any other party;
(b) notify Move With Us immediately if you suspect or know that your Account has been accessed without your authority;
(c) accept responsibility for all activity on your Account or a program which takes place using your login or password;
(d) not use the App, a Fitness Product or the Website for any illegal purpose;
(e) not undertake any activity which uses, exploits or affects the Brand or the Move With Us Intellectual Property except for the purposes of your personal participation in a program or personal use of Fitness Products purchased through the Website or App;
(f) not interfere with the enjoyment of another Customer;
(g) not perform any fraudulent activity in connection with the App, a Fitness Product or the Website;
(h) not knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or potentially damaging to our technology
9.2 - Some programs offer participation in private Facebook forums. Customers agree that at all times when participating in such forums or when posting about Move With Us on any social media platform they will:
(a) treat other Customers and Move With Us (and its staff and contractors) with dignity, support and respect;
(b) not display or engage in activity that facilitates illegal activity;
(c) not post, publish, distribute or display sexually explicit images or words;
(d) not promote violence; and
(e) not post, publish, distribute or display disparaging, humiliating, threatening, defamatory, harassing, abusive or discriminatory content.
9.3 - Move With Us reserves the right, in its absolute discretion, to remove any social media content and any information posted on any App or website or social media forum which Move With Us considers breaches the rules set out in this agreement.
9.4 - Customers are responsible for obtaining and maintaining the data network access to use the App, Website and Fitness Products. Customers are also responsible for updating their devices to enable use of the Website and Fitness Products and App and any updates to the App or the Website.
9.5 - Customers are responsible for ensuring that the premises at which exercise programs are undertaken are safe, clean and suitable for the purpose of undertaking or use of a Fitness Product.
10 - Suspension or termination of your Account or use of the App and Website
10.1 - Move With Us may suspend or terminate your Account or registration on a program or challenge at any time should it consider that you have breached these terms and conditions or it is otherwise appropriate to do so.
10.2 - Move With Us will suspend or terminate the Account by written notice to the Customer (which will include notice by email). This may include but is not limited to when a Customer is being investigated by Move With Us or where the Customer is believed to be displaying, or engaging in activity that facilitates illegal activity, depicts sexually explicit images, promotes violence, threatening, defamatory, harassing, abusive or discriminatory content.
10.3 - Move With Us may amend or remove your membership of any Facebook or other social media groups associated with a program, or any posts you place on such social media platforms at any time at its absolute discretion.
10.4 - Customers may stop using a Fitness Product, the App and the Website at any time.
11 - Complaints
11.1 - Customers may make a complaint by email to firstname.lastname@example.org.
11.2 - Customers must use the subject line ‘Complaint’ on the email and must outline the complaint in detail including the nature of the complaint, and attach copies of any documentation which supports the complaint.
11.3 - Move With Us will investigate the complaint and endeavour to respond within 14 Business Days.
12 - Risk Warnings and Disclaimers
12.1 - You acknowledge and agree that there are patent and obvious risks in undertaking fitness and exercise routines and programs and that whilst taking part in, accessing or using any Fitness Products, including participating in any seminar or personal or group fitness activity. You may be at risk of death or personal injury including broken bones, soft tissue injuries (including injuries to muscles, tendons, ligaments, fascia (connective tissue), nerves, fibrous tissue and blood vessels), joint injuries, heart, lung and breathing problems (and aggravating a pre-existing condition or injury) due to:
(a) known or unknown health problems or previous injuries;
(c) engaging in activity which is too strenuous for your level of fitness and health;
(d) tripping or slipping – including over fitness equipment both at home and in a gym; and
(e) attempting an activity which is beyond your exercise capability.
12.2 - We are not a medical organisation and we do not and cannot provide medical advice or assistance in whatever form. You understand that any exercise and nutrition guides we offer should not be taken as medical advice, and are for information purposes only.
12.3 - You understand that any exercise and nutrition guides offered, conducted or promoted by Move With Us are not individually tailored to your personal circumstances and you must seek advice from your medical practitioner before following any particular advice or plan or participating in a Fitness Product.
12.4 - Within the Programs, nutritional recommendations are computed based on the Institute of Medicine equation, with professional discretion applied by in-house Dietitians where necessary, based on personal data provided. Within the nutritional plans, nutritional values have been sourced directly from manufacturers’ reference data, as well as the Australian Food Composition Database, at the time of creation. Provided nutritional guides are intended for informational purposes only, must not be taken as medical advice, and should be regarded as generalised recommendations.
12.5 - Move With Us does not guarantee that the Website and App will function on any particular device and Customers acknowledge and agree that the Website and App may suffer from malfunction, interruption or unavailability from time to time and that this is an inherent risk of such internet and electronic based systems.
13 - Our liability to Customers
13.1 - Consumer Guarantees): The Australian Consumer Law (ACL) contained in the Competition and Consumer Act 2010(Cth) (CCA) provides certain guarantees in sections 60 to 62 (consumer guarantees) which generally require that the products and services supplied to you:
(a) are rendered with due care and skill;
(b) are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier and might reasonably be expected to achieve any result you have made known to the supplier; and
(c) are supplied within a reasonable time (when no time is set).
13.2 - (Permitted exclusion): However, the CCA permits a supplier of recreational services to ask you to accept some limitations on those consumer guarantees. Accordingly, to the extent permitted by section 139A of the CCA, you acknowledge and agree that we exclude all liability to you for death or injury resulting from a failure by us to comply with any consumer guarantee. In the previous sentence, “injury” means:
(a) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);\
(b) the contraction, aggravation or acceleration of a disease; or
(c) the coming into existence, the aggravation, acceleration or recurrence of any condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to you that is or may be harmful or disadvantageous to you or the community, or that may result in harm or disadvantage to you or the community.
13.3 - (Reckless conduct): The exclusion of liability does not apply if you have suffered any significant personal injury that is caused by our reckless conduct (within the meaning given to those terms by the CCA).
13.4 - Please note that nothing in this agreement excludes, restricts or modifies any term, condition, warranty, guarantee, right or remedy (including under a consumer guarantee) which cannot be lawfully excluded, restricted or modified.
13.5 - Otherwise, and except as expressly included in this agreement, all implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, but subject to the preceding paragraph, we are not liable for
(b) breach of terms implied that services will be provided with reasonable care and skill at common law that in either case results in your death or injury in connection with or under this agreement, but to avoid doubt we do not exclude liability for our reckless conduct.
13.6 - Move With Us will not be liable for any loss or injury attributable to:
(a) your fault;
(b) a third party unconnected with the provision of goods and services provided by us (such as the owner or premises where you undertake a program);
(c) any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, device, programs, data or other material due to your use of the Website, any App or your downloading any material such as e-books or other material on the Website, or any website linked to it;
(d) the conduct or actions of Customers online or offline or their use of the Website or App;
(e) the suitability of a Fitness Product purchased by you;
(f) unauthorised access or use of your Account by third parties;
(g) any website links contained on the Website or an App to external organisations or advertisements or the use of such an external organisation’s website or App; or
(h) events which neither we, nor our suppliers or agents could have foreseen or forestalled, even if we had taken reasonable care.
13.7 - We are not liable if you ignore our requirement set out in these terms, or at any other time, to seek medical or other professional advice.
14 - Warranties (by Customers)
14.1 - You represent and warrant to Move With Us that:
(a) you are 18 years old or over;
(b) you have sought and obtained advice from your medical practitioner before commencing any program or following any meal plan or nutrition guide supplied by us;
(c) all information and documentation provided to Move With Us from time to time is true and accurate and not misleading in any respect;
(d) you will exercise in a place which is safe and suitable for the program; and
(e) you will abide by these terms and conditions at all times.
(f) you will be responsible for the management of any food allergies or intolerances.'
15 - Limitation/exclusion of liability
15.1 - Customers acknowledge and agree that Move With Us excludes all liability to Customers to the maximum extent permitted by law including the ACL contained in the CCA.
15.2 - All implied terms, conditions, warranties, rights or other additional obligations that can be lawfully excluded are excluded from this agreement. In particular, we are not liable for:
(a) negligence or fault of Customers;
(b) the acts or omissions of a third party unconnected with the provision of goods or services by Move With Us;
(c) any defect in or complaint about the availability of a Fitness Product;
(d) delays in the functionality of, or inability to access the Website or an App (and to this end Move With Us does not guarantee or warrant that the Website or the App will be uninterrupted or error fee); and
(e) any behaviour by a Customer towards another Customer or third parties which is defamatory, libellous, unlawful or offensive way towards other Customers or third parties.
15.3 -We are not liable for your failure to observe any dietary restrictions connected with a food allergy or intolerance, whether known or unknown.
15.4 -Customers agree and accept that the entire risk arising out of your use of the Website and participation in Programs and use of goods and any other services purchased through the Website remains solely with Customers to the maximum extent permitted by law.
15.5 - Move With Us will not be liable for an indirect, incidental or consequential damage including loss of profits, lost data or lost Customer Content, personal injury, death or property damage in connection with or referable to a Customer’s use of the Website or App or other goods or services provided in connection with or referable to the Website and any Fitness Product.
16.1 - Customers agree to indemnify and hold Move With Us and its officers, directors, employees and agents harmless from any and all Claims arising out of or in connection with:
(a) a Customer’s use of the App or participation in programs or challenges;
(b) use of products purchased through the Website or App;
(c) a Customer’s breach of these terms and conditions;
(d) our use of your Customer Content;
(e) a Customer’s breach of duty of care, or negligence towards another Customer; or
(f) a Customer behaving in a defamatory, libellous, hateful, aggressive, violent, obscene, unlawful or offensive way towards other Customers or third parties.
17 - Notice
17.1 -We may give notice to you by email to your email address in your Account or by written communication to your address as set out in your Account, Customers may give notice to us by email to email@example.com.
18 - Assignment
18.1 - Move With Us may assign or transfer the rights and benefits under this agreement and sub-contract our obligations under this agreement to a third party in whole or in part at any time without the approval of the Customer.
18.2 - Move With Us may transfer ownership of the Fitness Products, App, and the Website at any time without the consent of the Customer and the Customer hereby consents to the transfer and disclosure of his or her personal and sensitive information (including health and financial information) to any purchaser of Move With Us or its business and assets.
19 - Severance
19.1 - If any provision of these terms is found to be illegal, invalid or unenforceable, in whole or in part, under any law, then such provision or part of it will be deemed not to form part of these terms and the legality and enforceability of the other provisions of these terms will remain unaffected and enforceable.
20 - Entire Agreement
20.1 -These terms constitute the entire agreement between Move With Us and Customers and replaces and supersedes all other prior agreements or undertakings between the parties.
21 - Intellectual Property and Ownership
21.1 -The App, the Move With Us logo and trade marks, the Brand and these terms and conditions, the content of Website, Fitness Products, nutrition guides and e-books and any materials we provide to you in connection with the App or a program (Move With Us Intellectual Property), will at all times remain our property and are subject to copyright and other intellectual property rights under Australian law, international conventions and other laws.
21.2 -You undertake not to copy, publish or reproduce in whole or in part, the Move With Us Intellectual Property except as is expressly permitted by these terms and conditions.
22 - Governing laws
22.1 - These terms and conditions will be governed by and construed in accordance with the laws of the state of Queensland, Australia.
22.2 - All parties hereby submit to the jurisdiction of the Courts of Queensland, Australia.
23 - Your acknowledgements and consents
23.1 -By registering an Account you acknowledge and agree that:
(a) you have read and understood these terms and conditions and agree to be bound by them;
(b) you are responsible for all costs incurred by you with respect to your usage of the Fitness Products, e-books, and App’s on a mobile device including data usage fees and other telecommunications fees;
(d) you consent to receiving any communications from us as outlined in paragraph 8 above however you may opt out at any time.
24 - Definitions
24.1 -In these terms and conditions the following words have the following meanings:
Account means a Customers Account registered with us through the Website or App;
Move With Us Intellectual Property has the meaning given to it in clause 21.1above;
Brand means the distinctive appearance, image, goodwill and reputation that attaches to our Website, App and all other materials supplied through the Website and App, the Move With Us trademarks and the application of the trademarks and the Move With Us Intellectual Property to goods, services and premises and includes the distinctive image, brand positioning and customer appeal created by the appearance, layout, general ambience and presentation of the Website, the App and Fitness Products we provide (through the Website and App);
Business Days means any day (excluding Saturdays and Sundays and public holidays) on which banks are open for business in Queensland, Australia;
CCA means the Competition and Consumer Act 2010 (Cth) and includes the Australian Consumer Law (ACL).
Claim means all claims, liabilities, debts, costs, expenses or obligations, whether actual or contingent, present or future, quantified or unquantified, damages, demands, suits, actions and causes of actions, including legal fees on a solicitor and own client basis, other professionals’ and experts’ fees, and court or dispute resolution costs;
Customer means any person who registers an Account with us;
Customer Content means any words, images, links or other content posted by a Customer on the Website, any App, Facebook or any other social media forums;
Fitness Products means all Move With Us associated fitness and nutrition services and products (including all challenges, programs, workshops, seminars, apparel, equipment and gift vouchers); and