The movelaughlearn.com website (“Move Laugh Learn website” or “the Website”) is owned by Move Laugh and Learn Pty Ltd A.C.N. 610 256 294 (“Move Laugh and Learn”, “we“, “our” or “us“).
(collectively “Website Terms“).
By using the Move Laugh Learn website you will be deemed to accept the Website Terms and agree to be bound by them.
1. OUR SERVICES
Move Laugh and Learn provides its customers (“Customers”) with online access to products, services, content and materials as specified in the Move Laugh Learn website and updated from time to time.
2. CHANGES TO THE WEBSITE TERMS
We may change the Website Terms from time to time by publishing an updated version on the Move Laugh Learn website. We reserve the right to make changes to the Move Laugh Learn Website, the Website Terms, and related policies and agreements without prior notice to any other party. Such amendments shall be effective from the date of publication of the amended Move Laugh Learn website, the Website Terms, and/or related policies or agreements. By continuing to use the Move Laugh Learn website or access the Services you will be deemed to accept the updated Move Laugh Learn website, the Website Terms and related policies and agreements, and you agree to be bound by them.
3. CHANGES TO THE SERVICES
We continuously work to improve the Services provided through the Move Laugh Learn website, and may change the Services, including the Content as described in section 16 of these Website Terms and made available and accessible via the Services, at any time. We may, without limitation, release the Services or their features in a different format or style, make changes to the material or content of the Services, or change the fees. From time to time we may stop providing portions of the Services. We may do so, for example, if it’s no longer feasible for us to provide a Service, customer feedback indicates a change is needed, our agreements with third parties no longer permit us to make their material available, or external issues arise that make it imprudent or impractical to continue.
4. REGISTRATION MAY BE REQUIRED TO ACCESS THE SERVICES
Maintaining accuracy of registration details
You will be required to register with us and create an account (“Account”) in order to access some parts of the Move Laugh Learn website including any Service offered to you and purchased by you through the Website. In order to obtain access to the Services we may require you to provide your personal details. In particular, you may be required to provide your real name, phone number, email address and other requested information as indicated. You agree and accept that all the information you provide to us when registering with us and at any other time will be true, complete, accurate and up to date in all respects and that it is your responsibility to ensure your registration details remain so at all times. We will not be liable to any Customer in the event that any information provided by the Customer is incomplete, inaccurate, misleading or fraudulent.
At the time of publishing of these Website Terms, the material and products acquired via the Move Laugh Learn website through provision of the Services, are accessible electronically only, either directly via the Move Laugh Learn website or forwarded to the email address specified in the registration details provided to us by you. We will not be responsible for any failure or inability on your part to access any of the Content or any part of the Services purchased through the Move Laugh Learn website as a result of any failure by you to maintain true, complete, accurate and up to date Account details.
You must be 18 years of age or older to sign up to the Services. If you reside in a jurisdiction that restricts the use of the Services because of age, or restricts the ability to enter into contracts such as this one due to age, you must abide by such age limits and you must not use the Service. You represent that if you are an individual, you are of legal age to enter into a binding contract, or that if you are registering on behalf of a legal entity, that you are authorised to enter into, and bind the entity to, these Website Terms and to register for the Services.
In addition, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided by you. By making an offer to purchase any product and/or service made available through the Move Laugh Learn website, you expressly authorise us to perform credit checks and where Move Laugh and Learn feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number, to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise purchase transactions.
Your obligation to maintain confidentiality of your registration details
Where you register with us, you must keep your registration details confidential; you will be responsible for any access to the Move Laugh Learn website using your registration details, even if the access is by another person.
Unless expressly agreed by us, each Customer is limited to one registration account per Customer. No account may be created or registered on behalf of or in order to impersonate another person.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password within your reasonable control. We encourage you to use “strong” passwords (i.e. passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Move Laugh and Learn immediately of any breach of security or unauthorised use of your account. Move Laugh and Learn will not be liable for any loss caused by any unauthorised use of your account.
5. PAYMENT TERMS
The applicable rates in respect of the Services can be found on the Move Laugh Learn website. These may be modified or updated from time to time. It is the Customer’s responsibility to remain informed about the current rates for the products, programs and related content offered through the Move Laugh Learn website.
The applicable prices stated in respect of the Services purchased exclude all applicable taxes and currency exchange settlements, unless stated otherwise.
Your Billing Account
To pay the charges for the Services purchased via the Move Laugh Learn website, you will be asked to provide a payment method at the time you sign up for such Service. Payment can be made by Visa or Master Card or any other such methods as are clearly specified on the Move Laugh Learn website from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Move Laugh and Learn, we will not be liable for any delay or non-delivery of any of the content or material purchased by you and forming part of the Services.
By providing Move Laugh and Learn with a payment method, you (i) represent that you are authorised to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorise Move Laugh and Learn to charge you for the Services using your payment method; and (iii) authorise Move Laugh and Learn to charge you for any paid feature of the Services that you choose to sign up for or use while Website Terms are in force.
Once payment has been debited from your account and received by Move Laugh and Learn, Move Laugh and Learn will then provide electronic access to the content and material purchased as part of the Services. The purchased content and material will be made accessible either directly through the “Members Only” area of the Move Laugh Learn website or by way of email to the email address provided by you per your registration details as updated by you from time to time.
The customer can only continually access the purchased content and material for the length of time the Service was purchased for, i.e. one (1) year or three (3) years. Once a subscription is cancelled (by either party) or has expired, the customer will no longer have access to the “Members Only” content and material purchased.
6. TERM AND CANCELLATION POLICY
Once your payment has been processed and received by us the transaction cannot be cancelled.
Whether you have purchased a 1-Year or 3-Year subscription plan, you have the right for any reason whatsoever, without incurring cancellation fees, to cancel your plan at any time prior to the expiry of the term, being the date which is either 12 months or 36 months, respectively, from the date on which the payment was received by Move, Laugh & Learn.
If you cancel your membership your plan will end at the end of your current term and you will no longer have access to the ‘Member Only’ content and material.
Move Laugh and Learn Suspension and Termination of Customer Access to Services
If you breach these Website Terms in our reasonable opinion, we may suspend, disable, terminate your access to all or any part of the Move Laugh Learn website or your Account at any time (which means you may no longer have access to the Move Laugh Learn products, services or Content made available through your Account), and/or refer such activity to appropriate authorities.
If your Services are cancelled or terminated (whether by you or us) your right to use the Services and your right to use your Account ends immediately.
7. REFUND POLICY
Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable.
8. NO UNLAWFUL, INFRINGING OR OFFENSIVE ACTIVITY
You must not post or transmit to or via the Move Laugh Learn website any information or material or otherwise use the Move Laugh Learn website for any activity which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
Material posted to the Move, Laugh & Learn social media pages will be monitored and any offensive or inappropriate material will be removed.
9. NO VIRUSES OR OTHER INTERFERENCE
You must not transmit to or via the Move Laugh Learn website any virus or other information or material or otherwise use the Move Laugh Learn website in a way which:
(a). tampers with, hinders the operation of or makes unauthorised modifications to the Move Laugh Learn website; and/or
(b). inhibits any other user from using the Move Laugh Learn website; and/or
(c). defames, harasses, threatens, menaces or offends any person; and/or
(d). contains obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
10. THIRD PARTY WEBSITES
Your access to the Move Laugh and Learn Content and Services may include access to third-party websites, content or services. Move Laugh and Learn is not responsible for third-party websites, services, or content or other material available through those third-party services. You are solely responsible for your dealings with third parties. Your use of third-party websites, content, other material or services may be subject to that third party’s terms and conditions.
11. NO WARRANTIES OR REPRESENTATIONS
To the maximum extent permitted by law, we do not represent or warrant that the content on, or made available or acquired via the Move Laugh Learn website, is accurate, reliable, suitable, or complete. Such content is designed to help individuals to provide coaching assistance to children under their care. It is not specifically tailored to suit any injuries, developmental issues, health problems or any other problems that could be aggravated with low, moderate or high intensity physical exercise. If you or your child have such problems please seek the help of a GP, Personal Trainer or similar health professional. The materials and content contained as part of the Services provided through the Move Laugh Learn website are for general development recommendations only and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Although in depth information and specific exercises are given, users of this specific program should not rely exclusively on information provided through or made available via the Move Laugh Learn website for their child’s own developmental needs as it is branded as a set of “guidelines” aimed at a broad spectrum audience.
Further, subject to any applicable law which cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material, products or services offered or acquired via the Website. Move Laugh and Learn makes no warranties or representations, express or implied, as to the accuracy or completeness, timeliness or usefulness of any opinions, advice, services or other information contained therein, or referenced in their various resources.
Move Laugh and Learn will not bear any responsibility whatsoever for the accuracy, truthfulness or completeness of any information placed with them by any Customer, nor bear any, responsibility, liability, culpability for any acts, omissions, negligence or any Customer arising out of or in reliance of any such information provided or made accessible via the Move Laugh Learn website.
Customers acknowledge that the resources provided or made accessible via the Move Laugh Learn website are not individually tailored. They form the basis of a guideline which has emerged via a combination of personal experience, customer feedback, and where possible, scientific literature. The information and other material available on or via the Move Laugh Learn website comes from a number of sources including the personal experiences of the staff at Move Laugh and Learn, third parties who have given permission for use of their material, and material copied under statutory licenses. Accordingly the information and material in the Move Laugh Learn website is copyright, 2016 © Move, Laugh & Learn Pty Ltd. Therefore, no part of the Content in the Move Laugh Learn website or our other resources may in any form or by any electronic, mechanical, photocopying, recording, or any other means be reproduced, stored in a retrieval system or be broadcast, sold or transmitted without the prior permission of the publisher, Move, Laugh & Learn Pty Ltd.
In addition, you acknowledge that although we use reasonable care and skill in providing the Move Laugh Learn website, we cannot promise that the Move Laugh Learn website will be continuously available or virus or fault free. You acknowledge that occasional periods of downtime occur. We do not guarantee that the Services will be uninterrupted, timely, secure, or error-free or that content loss will not occur.
12. OUR LIABILITY TO YOU
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
We are not liable for any loss or damage to the extent that it is caused by you.
To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Move Laugh Learn website in connection with any business purpose.
If we are not entitled by law to exclude liability arising from breach of a statutory duty or other legislation, then to the extent we are permitted to do so we limit that liability to resupply of the products, services, material, information or links, as the case may be.
You expressly understand and agree that we, and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your use of the Website, the Content, the Services or any related products or services.
13. YOUR LIABILITY TO US
You are liable to us for breach of the Website Terms or negligence under the principles applied by the courts and you agree to indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable lawyers’ fees, or arising out of or related to your breach of the Website Terms, or your violation of any law or the rights of a third party.
14. ELECTRONIC COMMUNICATION
When you use the Move Laugh Learn website or send emails to Move Laugh and Learn, you are communicating with Move Laugh and Learn electronically. You consent to receive communications electronically from Move Laugh and Learn and its Move Laugh Learn website affiliates, for the purposes of direct marketing or otherwise. At any time, you may request not to receive direct marketing from Move Laugh and Learn by contacting us through the ‘Contact Us’ section of the Move Laugh Learn website, or clicking the relevant link in the footer of all marketing communication.
Move Laugh and Learn will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receiving notices electronically, you must stop using the Services. You may notify Move Laugh and Learn of the same through the ‘Contact Us’ section of the Move Laugh Learn website.
We recognise the trust you are placing in us through your dealings with us. We will do everything we can to maintain that trust. Our team are employed on the basis that they will protect information about you. This is our personal standard. Under law, your rights to privacy are also protected. The National Privacy Principles, the Privacy Act 1988 (in the UK EU-GDPR) and general law place strict requirements on us to treat certain information collected as confidential.
16. INTELLECTUAL PROPERTY RIGHTS
All digital products, e-books, PDF downloads, resource material, videos, online content, any material or data accessible on or forming a part of any Move Laugh Learn application (“App”) and any other material purchased by you or otherwise made accessible to you or acquired by you via the Move Laugh Learn website (“Content”) are subject to copyright protection. Your use of the Move Laugh Learn website and the Content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on the Move Laugh Learn website are protected by national intellectual property and other laws and international treaty provisions.
You are permitted to use the Content only as expressly authorised by Move Laugh and Learn and/or its third party licensors. Each digital product, eBook, PDF Download and any other such material provided to you by us or made accessible to you via the Move Laugh Learn Website is licenced to a single user only. Customers are not allowed to copy, reproduce, redistribute, share and/or transfer the Content (and/or their associated username/passwords) to any third party or person. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use. Any reproduction or redistribution of the Content is prohibited and may result in civil and criminal penalties. Fines of up to AU$10,000 may apply to person/s found to be infringing our copyright policy.
In some cases, Move Laugh Learn may encrypt, force password and/or stamp license details (including without limitation, Customer name and address) on its digital products to ensure additional safety.
17. COMMERCIAL USE
The Move Laugh Learn website, the Services and the Content are for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, any of the Services, or any of the software, products, or other services contained within the Move Laugh Learn website. You may not use the Move Laugh Learn website, or any of its Content or Services to further any commercial purpose. For any marketing and advertising enquiries please contact us through the ‘Contact Us’ section in the Move Laugh Learn website.
18. NO WAIVER FOR BREACHES
If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights to act in relation to that breach or any later breach by you.
If you do not act in relation to a breach of the Website Terms by us, you do not waive any rights to act in relation to that breach or any later breach by us.
We may assign this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement or transfer any rights to use the Services or the Content made available or accessible through the Website.
20. SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other provisions of the Website Terms or any general legal principles to the contrary, any provision of the Website Terms that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Website Terms.
21. APPLICABLE LAW AND JURISDICTION
The Website Terms are governed by the law in force in the state of New South Wales, Australia and supersede any prior agreements between you and Move Laugh and Learn regarding your use of the Services and the Content.
Last updated: 7 November 2019.
If any portion of the Website Terms becomes void, it will not affect the validity and enforceability of the remaining provisions. The void part will be replaced by provisions that are valid and have legal effect.