Privacy Policy

Briefly, we generally collect only as much personally-identifying information as is required to provide the services. Our general policy is not to disclose any personal non-public information of any visitor, customer, member, or client to any third-party, except under very limited circumstances.  We only disclose such information to improve the services or your user experience, or when we are required to disclose. We will disclose only as much information as is needed to provide the enhanced user experience or improved service. We will disclose where strictly required by law – e.g. if we are under a subpoena or court order, and/or if our solicitors advise us to provide the information. While we are very protective of our user’s personal data, you agree that T-Movement or our assignees may disclose your personal information to a third party if we, in our sole discretion, believe that the law or legal process requires it, or to protect the rights, property, or safety of T-Movement or others, or as otherwise described in our posted Privacy Policy.

You also understand that the Sites or portions of the Sites are publicly available and that if you post on a public site or via social media your post (including any personal information therein) may be publicly accessible via search engines and other means on the public Internet. T-Movement assumes no responsibility for information that YOU make public, and we will not be liable for any harm or damages that may arise from disclosures of your personal identifying information made by you or others, not in our control. You should be careful and avoid posting information you do not wish to disclose on a public site or via social media. If you post via social media, we do not have control over the content of your post. Use on behalf of the organisation

Registration and accounts

You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

You must notify us in writing immediately if you become aware of any unauthorised use of your account. You must not use any other person’s account to access the website unless you have that person’s express permission to do so.

User IDs and passwords

If you register for an account with our website, we will provide you with / you will be asked to choose a user ID and password.

Your user ID must not be liable to mislead and must comply with the content rules, you must not use your account or user ID for or in connection with the impersonation of any person.   You must keep your password confidential. You must notify us in writing immediately if you become aware of any disclosure of your password.  You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

Recurring Billing

The membership fee will be billed on the beginning of the paying portion of your membership monthly unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, if your Payment Method has not successfully settled. In the event you’re paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and conditions, any price changes to your service will take effect following email notice to you.

Disclaimer

All the information, exercises, techniques, ideas and examples accessed on or through this website (“Content”) are for educational purposes only, are general in nature only, and are not in any way to be construed as individual or personal advice. The Content does not take into account your individual health, medical, physical or emotional situation or needs. It is not a substitute for medical attention, treatment, examination, advice, treatment of existing conditions or diagnosis and is not intended to take the place of proper medical advice from a fully qualified medical practitioner. You should, before you act or use any of the content, consider the appropriateness of this information having regard to your own personal situation and needs. You are responsible for consulting a suitable medical professional before using any of the Content, information or materials contained in any fitness programs offered online (‘Programs’) or accessed through our website, before trying any exercise, technique or taking any course of action that may directly or indirectly affect your health or well-being.

You take full responsibility and risk for making any decision based on the Content on our website or contained in our Programs. You hereby agree to irrevocably release and waive any claims you may have now or in the future against us and we take no responsibility or liability whatsoever for any loss, damage or injury that may arise from any person acting on any information, goods or services contained on or accessed through this website and all such liabilities are expressly disclaimed. 

Copyright Information

You may not share, copy or redistribute any material contained in our Programs in any medium or format at any time. Our materials are for your individual personal use only and may not be used for commercial or other purposes.

You are not permitted to make any derivative material, including but not limited to copying, reproducing, transforming, sharing or building upon the material in whole or any part thereof. For any other use or distribution, you must have express written consent from T-Movement.

Links to Third Party Sites &Third Party Advertisements

T-movement assumes no responsibility and accepts no liability for the condition or content of third-party websites that may be linked to or accessed from the website. Except as T-movement may specifically direct otherwise, T-movement does not authorise the content of those third-party websites. The website may also contain third party advertisements, which contain embedded hyperlinks to websites operated by third parties. The placement of third party advertisements on this website does not necessarily constitute the recommendation or endorsement of T-movement for such goods or services. The third-party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services, which you agree to purchase from those third parties. 

Limitation of Liability

This website is provided on an “as is” basis. While T-movement has used its best endeavours to ensure that the information contained on and accessed through the website is correct and current at the time of publication, T-movement does not accept responsibility for any error, omission or defect in the information. 

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services by us to you which cannot be excluded, restricted or modified (Statutory Rights). 

Our liability to you is governed solely by the ACL and these Terms. While we endeavour to maintain good quality data sources on our website, we make no representations or warranties of any kind, express or implied, about:

We exclude all conditions and warranties implied by custom, law or statute except for your Statutory Rights and we expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose. 

You agree that you must evaluate, and bear all risks associated with, your use of any information made available through or facilitated by the Website. 

You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website, any goods or the Content supplied through the use of the services. For the sake of clarity, in no event will we be liable for any consequential, indirect, incidental or special damages of any kind including any damages for loss of revenue, profits, interruption of business, loss or use of data even if the possibility of such loss was made known to us. 


When your Statutory Rights apply, to the extent possible, our liability in respect of any claim is limited to, at our option:

Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. 

Indemnity

You agree to indemnify and keep indemnified T-Movement, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the website (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other rights of any person or entity. 

Intellectual Property & Restrictions on Use of Content

The website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The website contains trademarks, intellectual property and copyright-protected works, which is owned by T-Movement and third parties. Except for the direct purpose of viewing, accessing or interacting with the website for your own personal use or as otherwise indicated on the website or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the website, or incorporate any part of the website into another website without T-movement express consent.

User Submitted Content

When you submit any materials via the website including comments, recordings and images, you, unless T-movement advises otherwise, license and grant T-movement its affiliates and sub licensees a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use, reproduce, modify, adapt, publish and display such Content for any purpose in any media, without compensation, restriction on use, attribution or liability. You agree not to assert any moral rights in relation to such use. You warrant that you have the full authority to grant these rights. 

You agree that you are fully responsible for the Content you submit. T-movement shall not be liable in any way for such Content to the full extent permitted by law. T-movement may remove any Content without notice for any reason whatsoever. You warrant and agree that:

Without limiting any other terms herein, you will indemnify T-movement for any breach of the above terms. 

Termination and Cancellation

 T-movement reserves the right in its sole discretion to revise the content of, amend links from, or withdraw your access to the website, Content or at any time without notice. Without limiting the operation of any other Terms and Conditions herein, T-movement will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on T-movement liability will survive such termination. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@tmovement.com.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

General

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.  We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

Governing Law

The Terms and Conditions are governed by and to be construed in accordance with the laws of Gold Coast – Queensland, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of Gold Coast – Queensland, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect. T-movement makes no representation that the content of the website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved. 

Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at or by post to: 

 

T-Movement
Gold Coast Queensland QLD

Australia   

info@tmovement.com

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