The Good Move & Co

WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website

1.1. Welcome to www.thegoodmove.com.au (the 'Website'). The Website provides you with an opportunity to browse and purchase exercise program memberships that have been listed for sale through the Website (the 'Membership’). The Website provides this service by way of granting you access to the content on the Website (the 'Purchase Services').

1.2. The Website is operated by Melanie Rose Borg t/as The Good Move & Co (ABN: 62 453 429 712) (‘The Good Move & Co’). Access to and use of the Website, or any of its associated Memberships, is provided by The Good Move & Co. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Products & Services, immediately.

1.3. The Good Move & Co reserves the right to review and change any of the Terms by updating this page at its sole discretion. When The Good Move & Co updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by The Good Move & Co in the user interface.

3. Personal Information

3.1. When purchasing a Membership, you may be required to provide personal information such as your name, address and e-mail address.

3.2. You agree that all details that you have provided in completing the purchase are true and correct.

3.3. Your personal information is kept in accordance with The Good Move & Co Privacy Policy (‘Privacy Policy’) which can be accessed via the Website.

4. Purchase of Memberships

4.1. In using the Purchase Services to purchase the Memberships through the Website, you will agree to the payment of the purchase price listed on the Website for the Membership (the 'Purchase Price').

4.2. Payment of the Purchase Price may be made through debit card and credit card through the available payment provider (the 'Payment Gateway Providers').

4.3. In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.

4.4. Following payment of the Purchase Price being confirmed by The Good Move & Co, you will be issued with a receipt to confirm that the payment has been received and The Good Move & Co may record your purchase details for future use.

4.5. You acknowledge and agree that where a request for the payment of the Purchase Price is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Purchase Price.

4.6. Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

5. The Good Move & Co Membership General Terms

(a) The Memberships gives you access to the Membership Services (the ‘Membership Services’) outlined on the Membership Page on The Good Move & Co Website (the ‘Membership Page’) and within the Membership Terms (the ‘Membership Terms’).

(b) The Membership Services include access to a library of video and audio guided movement sessions on the Website.

(c) The Good Move & Co reserves the right to change the features, content or services related to the Memberships without notice to you in order to improve the quality of the Memberships offered to you or for any other reason, as its sole discretion.

(d) Once Your Membership is accepted by The Good Move & Co, these Terms, the Membership Terms and Conditions and Privacy Policy available on the Website, as each amended from time to time will govern your continued Membership and use of the Membership Services.

6. Registration for Membership

6.1. In order to become a member, you must first register for an account through the Membership Page on the Website (the 'Account').

6.2. As part of the registration process, or as part of your continued use of the Membership Services, you are required to provide personal information about yourself (such as identification or contact details), including: name and address, email address, telephone number and payment Information.

6.3. You warrant that any information you give to The Good Move & Co in the course of completing the registration process will always be accurate, correct and up to date.

6.4. Once you have completed the registration process, and your Membership is accepted, you will be a registered member of the Website and agree to be bound by the Membership Terms (a 'Member').

6.5. The Good Move & Co will only accept completed applications and reserves the right to reject an application for any reason.

6.6. If your application is accepted, you will receive a confirmation e-mail on receipt of your completed application and payment.

6.7. You may not use the Membership Services and may not accept the Membership Terms if:

(a) you are not of legal age to form a binding contract with The Good Move & Co; or

(b) you are a person barred from receiving the Membership Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Membership Services.

7. Membership Inclusions and Fees

Individual Membership Packages and Fees

7.1. The Good Move & Co offers Membership packages for individuals providing access to a library of video and audio movement sessions as follows:

(a) The Good Move Flex – monthly membership for a Membership Fee of $32.00 per month; and

(b)The Good Move Core – an annual membership for a Membership Fee of $260.00 per year.

7.2. All inclusions are subject to change and are offered at the sole discretion of The Good Move & Co.

Employer Membership Packages and Fees

7.4 The Good Move & Co offers Membership packages for Employers providing access to a library of video and audio movement sessions for a minimum initial 3 month commitment and thereafter monthly membership for a Membership Fee as follows:

(a) Employer with 0 – 50 employees: Membership Fee of $10 per employee per month

(b) Employer with 50 – 150 employees: Membership Fee of $8 per employee per month

(c ) Employer with 150 – 300 employees: Membership Fee of $6 per employee per month

(d) Employer with 300 employees or more: tailored quote for Membership Fee provided on request

7.5 You agree to pay The Good Move & Co the Membership Fee set out on the Membership Page. If you wish to discuss these memberships with us please reach out so we can discuss these with you. If you would like to proceed with an Employer Package Membership we will provide the appropriate registration code for online registration.

7.6 Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999, inclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

7.7 You agree and acknowledge that The Good Move & Co can vary the Membership Fee at any time by providing advanced notice to you.

8. Payment

8.1. Membership Fees for the Good Move Flex Membership package are automatically billed monthly and will be charged to the same payment process used in your initial registration.

8.2. Membership Fees for the Good Move Core Membership package are automatically billed annually and will be charged to the same payment process used in your initial registration unless otherwise paid in full in advance.

8.3. Membership Fees for Employer Membership packages package are automatically billed monthly and will be charged to the same payment process used in your initial registration unless otherwise paid in full in advance.

8.4. You can cancel your Membership at any time by following the procedure outlined in clause 10.

8.5. All payments made in the course of your use of the Membership Services are made using the available payment method/s. When making any payment in relation to your use of the Membership Services, you warrant that you have read, understood and agree to be bound by the terms and conditions of a payment provider which are available on their website.

8.6. You acknowledge and agree that where a request for the payment of the Membership Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Membership Fee.

8.7. In the event that any payment under these Terms is not made in full on the due date, The Good Move & Co is entitled to charge You interest at the rate of 5% per annum, calculated daily.

8.8. You agree that if You default on any payments due and payable under these Terms, any costs incurred by The Good Move & Co for steps taken to enforce payment terms will be recoverable and payable by You.

9. Member Conduct and Obligations

9.1. As a Member, you expressly agree that you will not, through any means:

(a) harm, harass, hassle or abuse other Members; or

(b) send un-welcomed communication such as spam to other Members; or

(d) infringe the intellectual property or privacy rights of any Member or any third-party.

9.2. The Good Move & Co, at its discretion, reserves the right to remove, edit or alter any content created by you, on the membership site or any other related platform.

9.3. The Good Move & Co retains the right to revoke your Membership or deny you access to the Membership Services at any time.

9.4. As a Member, you agree to comply with the following:

i. the Membership Terms; and

ii. any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(d) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Membership Services;

(e) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify The Good Move & Co of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(f) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of The Good Move & Co providing the Membership Services;

(g) you will not use the Membership Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of The Good Move & Co;

(h) you will not use the Membership Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;

(i) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Membership Services. Appropriate legal action will be taken by The Good Move & Co for any illegal or unauthorised use of the Website; and

(j) you acknowledge and agree that any automated use of the Website or its Membership Services is prohibited.

10. Cancellation, Refunds and Termination

10.1. You may cancel the Good Move Flex membership package by providing 1 month written notice to The Good Move & Co by email to info@thegoodmove.com.au.

10.2. The Good Move Core membership package is an annual membership. You may cancel the Good Move Core membership package by providing 1 month’s written notice before the next billing cycle to The Good Move & Co by email to info@thegoodmove.com.au.

10.3. The Employer Membership packages require a minimum 3 month commitment. After the 3 month period has ended you may cancel the Employer membership package by providing 1 month’s written notice before the next billing cycle to The Good Move & Co by email to info@thegoodmove.com.au.

10.4. The Good Move & Co may terminate your Membership for any breach of these Terms by providing 7 days’ written notice to you by email. At The Good Move & Co’s discretion, The Good Move & Co may allow you to remedy the breach within 3 days' notice, or another time-frame The Good Move & Co nominates, and in being satisfied with the remedy of the breach by you, The Good Move & Co will not terminate your Membership.

10.5. You may terminate your Membership for a breach by The Good Move & Co of these Terms by providing 7 days' written notice of the breach to The Good Move & Co. During the 7 day notice period, The Good Move & Co reserves the right to remedy the breach. If The Good Move & Co remedies the breach which was the cause of the notice, your Membership will not be terminated.

12. Membership Services Delivery and Licence Information

12.1 Each purchase of a Membership grants to you access to the Membership Services through the platform provided (the ‘Membership Portal’).

12.2 When you purchase a Membership, The Good Move & Co grants you a limited, revocable, non-exclusive, non-sub licensable, non-transferable license to access and use the specific Membership Services and any related software, content, equipment or other materials for your specific, non-commercial use only (the ‘Licence’).

12.3 The Licence is valid for the Membership term only (‘Licence Term’). This means the Membership Services will be viewable via the download link for the Licence Term only. After this time the Membership will expire and you will no longer be able to access the Membership Services.

12.4 The Membership is intended for use in a single household within the licence Term only. Sharing of your Licence is prohibited. This includes the sharing of any supplemental Membership materials, booklets, and access to any other aspect of the Membership Services.

13. Warranty

13.1 The Good Move & Co will use its best efforts and take all reasonable steps to help you achieve your desired results. However, The Good Move & Co makes no warranty that the Membership Services will meet your requirements or that all clients will achieve the same results. Your results may vary, and will be based on many variables, including but not limited to, Your individual capacity, unique health and genetic profile, starting point, expertise, and level of commitment.

13.2 The Membership Services do come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a Product, you are entitled to cancel your contract with The Good Move & Co and are entitled to a refund for the unused portion, or to compensation for its reduced value. For major failures with the Membership Services, you are entitled to cancel your contract with The Good Move & Co, and you are entitled to a refund for the unused portion, or to compensation for its reduced value. A major failure with a service is defined by the Australian Consumer Law and includes but is not limited to severe situations where a service is unfit for the purpose it is sold or creates an unsafe situation.

14. Disclaimer

14.1 You agree that when you purchase the Membership Services, you are solely responsible for creating and implementing your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from The Good Move & Co’s relationship with you, its educational materials and interactions with you. As such, you agree that The Good Move & Co is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Membership Services it provides.

14.2 You acknowledge and recognise the inherent risks of injury or ill health resulting from the Membership Services and participation in exercise generally. It is recommended that You seek medical advice prior to commencing any exercise program.

14.3 You are solely responsible for ensuring that your physical environment is suitable for your participation in the Membership Services and any exercise program.

14.4 You understand that the Membership Services are not a substitute for medical attention, examination, diagnosis or treatment. Additionally, the Membership Services are not to be used as a substitute for professional medical, psychology, psychiatric or other mental health care. It is your exclusive responsibility to seek such independent medical care and professional guidance as needed. Seek the advice of your doctor or other qualified health providers with any questions you may have regarding a medical condition. Inform your doctor of any changes you may make to your lifestyle and discuss these with your doctor. Do not disregard medical advice or delay visiting a medical professional because of something you read or hear in the Membership Services.

14.5 You agree to release and discharge The Good Move & Co from and against all claims arising out of or in connection with provision of the Membership Services and any techniques employed. This release includes but is not limited to any claim for personal injury, damages and death of any participant which has participated in the Membership Services from The Good Move & Co.

15. Information Disclaimer

15.1. Any information, advice, content or documentation provided on the Website, through the Membership Services, social media accounts, podcast, blog or on any other related platform do not constitute professional medical or other advice, and are provided for general information and guidance purposes only. Do not disregard medical advice or delay visiting a medical professional because of something you read or hear ion the Website, in the Membership Services, social media accounts, podcast, blog or any other related platform.

15.2. All care is taken in the preparation of the information and published materials on the Website, through the Membership Services, social media accounts, podcast, blog, or on any other related platform. The Good Move & Co does not make any representations or give any warranties about its accuracy, reliability, completeness or suitability for any particular purpose.

15.3. To the extent permissible by law, The Good Move & Co will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason or your reliance on the information, advice or documentation on the Website, through the Membership Services, social media accounts, podcast, blog, or on any other related platform.

16. Copyright and Intellectual Property

16.1 The Website, the Purchase Services and all of the related Membership Services of The Good Move & Co are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright and trademarks) in the site content and compilation of the Website (including text, graphics, logos, button icons, video images, audio clips and software) (the 'Content') are owned or controlled for these purposes and are reserved by The Good Move & Co or its contributors.

16.2 The Good Move & Co retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:

(a) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of The Good Move & Co; or

(b) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or

(c) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).

16.3 You may not, without the prior written permission of The Good Move & Co and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

17. Privacy

The Good Move & Co takes your privacy seriously and any information provided through your use of the Purchase Services is subject to The Good Move & Co’s Privacy Policy.

18. General Disclaimer

18.1 You acknowledge that The Good Move & Co does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Membership Services other than provided for pursuant to these Terms.

18.2 Membership Services descriptions posted on The Good Move & Co’s Website are used as an indication of the Membership Services rather than an actual representation. The Good Move & Co accepts no responsibility for inaccurate information supplied to you.

(a) The website may contain technical inaccuracies or typographical errors or omissions. The Good Move & Co is not responsible for typographical, pricing, Membership Services information or advertising.

(b) Advertised prices and availability are subject to change without notice. The Good Move & Co reserves the right to make changes, corrections and/or improvements to the Website, and to the Membership Services described in such information, at any time without notice.

18.3 Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

18.4 Subject to this clause, and to the extent permitted by law:

(a) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and

(b) The Good Move & Co will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

18.5 Use of the Website, the Purchase Services, and any of the Membership Services of The Good Move & Co is at your own risk. Everything on the Website, the Purchase Services, and the Membership Services of The Good Move & Co, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of The Good Move & Co make any express or implied representation or warranty about its Content or any Membership Services or Purchase Services (including the Membership Services or Purchase Services of The Good Move & Co) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(a) Failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(b) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);

(d) the Content or operation in respect to links which are provided for the User's convenience;

(e) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or

(f) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.

19.User Generated Content

19.1. If you choose to contribute any content to the Website or any other platform operated by The Good Move & Co, you are solely responsible for it. This includes comments, reviews, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information (‘Your Content’).

19.2. By contributing content to the Website, you grant The Good Move & Co a royalty-free, non-exclusive license to use Your Content in any way that it chooses. This may include the use of your photos or video on other parts of the Website, advertising, promotions or social media accounts held by The Good Move & Co.

19.3. Additionally, if you post Your Content with any personal information including identifying information such as location or name, you agree The Good Move & Co can use that information with Your Content for advertising and promotional purposes, or any other business purpose.

19.4. You confirm you own or have the right to use any copyright material included in Your Content (including replies to The Good Move & Co social media posts, reviews, music, photos, quotes and excerpts of audio or video), that you have permission of anyone appearing or performing in Your Content and that you are not infringing any third-party rights by submitting the content to The Good Move & Co. You also confirm you have, where appropriate, sought the consent of the parent or guardian of any person under the age of 18 who is featured in Your Content.

19.5. Please ensure you keep your own copies of Your Content as The Good Move & Co may not archive, store or back-up Your Content nor continue to make Your Content accessible online.

19.6. The Good Move & Co will endeavour to provide you with an appropriate credit when using Your Content on The Good Move & Co platforms, though you understand and agree this may not always be possible.

19.7. The Good Move & Co reserves the right to remove Your Content at any time. Your Content must not be malicious, libelous, false, inaccurate, threatening, abusive, obscene, defamatory or racially, sexually, religiously or otherwise objectionable and offensive.

20. Mailing List

20.1 You will be given the option to register for The Good Move & Co Mailing List (the 'Mailing List').

20.2 As part of the registration process, you may be required to provide personal information about yourself (such as identification or contact details), including:

(a) Email address
(b) Name and address
(c) Mobile phone number

20.3 If you choose to register for the Mailing List, you agree to receive promotional material, updates and other content from The Good Move & Co.

21. Limitation of Liability

21.1 The Good Move & Co’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of The Good Move & Co is the resupply of information or Purchase Services to you.

21.2 You expressly understand and agree that The Good Move & Co, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

21.3 The Good Move & Co is not responsible or liable in any manner for any site content (including the Content and any Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of The Good Move & Co, by third parties or by any of the Purchase Services offered by The Good Move & Co.

22. Indemnity

22.1 You agree to indemnify The Good Move & Co, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;

(b) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or

23. Venue and Jurisdiction

In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.

24. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

25. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

26. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.