Terms and Conditions

Effective date: 9 August 2026

1. About these Terms

1.1 Contracting party

These Terms and Conditions (Terms) are issued by Movement Assessment Technologies Pty Ltd (ACN 630 444 727; ABN 18 630 444 727), trading as Movement Assessment Technologies and MAT (MAT, we, us or our). Our address is 9/35-37 Lakewood Boulevard, Braeside, Australia, 3196.

1.2 Scope

These Terms govern: access to and use of matassessment.com and associated MAT websites and portals; the Measurz application, Measurz Web Portal, Measurz Resultz and related software and services; purchases of MAT products, devices, accessories and product bundles; purchases of online, live, private and hosted courses; and orders placed through a MAT checkout or accepted quotation or invoice.

The party identified as the purchaser, subscriber or account holder is the Customer. The individual accepting these Terms for the Customer confirms that they have authority to bind the Customer. References to you or your mean both the Customer and, where relevant, its authorised users.

1.3 Business-to-business transactions only

MAT supplies its products and services for business use by health, fitness, education and related professional organisations. By ordering or creating an account, you represent that you are acting principally for business or professional purposes, not for personal, domestic or household use, and that the business information you provide is accurate and current.

MAT may request a legal business name, registration or tax number, business address, website, professional credentials and an explanation of intended use. MAT may delay acceptance or dispatch while reasonably verifying eligibility. Nothing in this clause excludes a mandatory right that applicable law gives to a qualifying business purchaser.

1.4 Acceptance and order of documents

You accept these Terms by selecting an acceptance box, creating or using an account, accessing the Services, placing an order, paying an invoice that incorporates these Terms, or otherwise proceeding after being given a reasonable opportunity to review them.

If MAT and the Customer have signed a separate written agreement, that agreement prevails over these Terms to the extent of an inconsistency. Product descriptions, accepted quotations and order confirmations then apply, followed by these Terms. Customer purchase-order terms do not apply unless MAT expressly agrees to them in writing.

1.5 Changes to these Terms

MAT may update these Terms for future orders at any time. For an existing Measurz subscription or continuing service, MAT will give reasonable advance notice of a material change. A material change will apply from the stated effective date. If it materially disadvantages you, you may cancel the affected subscription before the change takes effect. Changes required by law, security needs or a third-party platform may take effect sooner where reasonably necessary.

2. Definitions

Application means Measurz and its related web and mobile interfaces. Business User means a business purchasing Products or Services primarily for its own operations and not for resale. Client Data means information entered, uploaded, generated or stored through the Services about the Customer’s clients, patients, athletes or other individuals. Course means any MAT online, live, private, hosted or university course. Customer Data means account information, Client Data and other data supplied by or for the Customer. Distributor means a business separately authorised in writing by MAT to resell specified Products. Product means any physical product, device, accessory, bundle or related embedded software supplied by MAT. Services means the Application, portals, subscriptions, courses, support and other services supplied by MAT. Subscription Fee means the recurring amount payable for a Measurz plan. User means an individual authorised by the Customer to use the Services.

3. Accounts and permitted use

3.1 Account security

Each User must have an individual account unless MAT expressly provides a team account. Login credentials may not be shared, transferred, sold or made available to another person. The Customer is responsible for selecting authorised Users, keeping credentials secure and promptly removing access when a User leaves or changes role.

You must notify MAT promptly of suspected unauthorised access or a security incident. MAT may require password resets, multi-factor authentication or other reasonable security measures. Activity performed through an account will be treated as authorised by the Customer unless the Customer notified MAT promptly and did not cause or contribute to the misuse.

3.2 Licence

Subject to payment and compliance with these Terms, MAT grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable right during the applicable subscription or access period for its authorised Users to use the Services for the Customer’s internal professional operations and to provide permitted services to its own clients.

3.3 Prohibited conduct

You must not:

• Share accounts or evade User limits.
• Copy, scrape, frame, mirror or systematically extract content.
• Reverse engineer, decompile or attempt to discover source code, except where a right cannot lawfully be excluded.
• Bypass security, access controls or usage limits.
• Introduce malware or interfere with service operation.
• Use unauthorised automation, bots or integrations.
• Use the Services unlawfully or to infringe another person’s rights.
• Resell or make the Services available to third parties unless authorised by MAT.
• Use MAT content to train a competing system.
• Misrepresent MAT data or materials as independently created or clinically validated.

3.4 Reverse engineering and competitor misuse

Except to the extent a right cannot lawfully be excluded, the Customer must not, and must not permit or assist another person to:

• Reverse engineer, decompile, disassemble, decode, probe, analyse or otherwise attempt to discover the design, construction, source code, firmware, communications protocols, security mechanisms, calibration methods, algorithms or underlying operation of any Product or Service.

• Extract, copy, reproduce or use technical measurements, specifications, data or other information obtained from a Product or Service to design, develop, manufacture, source, test or improve a competing or unauthorised interoperable product, application, service or integration.

• Remove, bypass or interfere with technical protections, authentication requirements, usage controls or compatibility restrictions.

• Purchase, access or obtain Products, Services or non-public MAT materials for competitive analysis, unauthorised benchmarking or replication.

• Obtain access through an employee, contractor, nominee, distributor, customer or other third party to avoid this clause.

A person or business developing, manufacturing, marketing or supplying a materially competing movement-assessment product, application, course or methodology must obtain MAT’s prior written consent before accessing non-public MAT content, conducting benchmarking for publication or examining a Product for technical or competitive purposes.

MAT may request reasonable information about a purchaser and its intended use before accepting or dispatching an order. If MAT reasonably believes an order or access involves prohibited reverse engineering or competitive misuse, MAT may reject or cancel the order, suspend affected access and refund amounts paid less reasonable non-recoverable costs actually incurred and disclosed.

MAT may seek injunctive relief, damages, delivery up, an account of profits or any other remedy available under applicable law.

This clause does not prohibit independent development that does not use MAT Products, Services, confidential information or intellectual property, or any activity that applicable law expressly permits and does not allow the parties to restrict.

3.5 Fair criticism and unlawful conduct

Nothing in these Terms prevents a Customer or User from making an honest review, raising a complaint, obtaining professional advice, reporting conduct to a regulator or making a statement required by law. You must not knowingly publish false statements of fact, impersonate MAT personnel, disclose MAT confidential information, engage in harassment or threats, manipulate reviews, or organise malicious interference with MAT’s business. MAT may pursue remedies available under applicable law for defamatory, fraudulent or unlawful conduct.

4. Measurz subscriptions

4.1 Plans and billing

Access to paid Measurz features requires the plan shown at checkout, in the Application or in the Measurz Web Portal. Subscription Fees, billing frequency, currency, taxes, included Users and material plan limits will be disclosed before purchase. Payment may be processed by Apple, Google, Stripe or another stated provider, and the provider’s payment terms also apply.

4.2 Trials and vouchers

Unless an offer expressly states otherwise, each Customer account is eligible for only one free trial or voucher. Once a trial or voucher has been redeemed, later purchases of Products or Courses do not create an additional free-access entitlement. MAT may refuse duplicate, transferred, manipulated or incorrectly issued trial benefits.

Before a trial that converts to a paid subscription begins, MAT or the relevant platform will disclose the trial length, conversion date, Subscription Fee and cancellation method. The Customer authorises the stated recurring charges unless it cancels in time through the applicable purchasing channel.

4.3 Automatic renewal

Subscriptions renew automatically for successive periods matching the selected plan unless cancelled before the renewal deadline shown at purchase or required by the relevant platform. Where applicable law or the purchasing platform requires a renewal reminder, MAT or the platform will provide it. Cancellation stops future renewal and ordinarily takes effect at the end of the paid period; it does not retrospectively reverse properly disclosed charges.

4.4 Price changes

MAT may change a Subscription Fee for a future renewal by giving at least 30 days’ notice or any longer period required by applicable law. A changed price applies only from the next renewal after the notice period. The Customer may cancel before the new price takes effect.

4.5 Cancellation and refunds

Web subscriptions must be cancelled through the Measurz account or by the method stated in the purchase confirmation. Apple App Store and Google Play subscriptions must generally be managed through the relevant store account. Deleting the Application does not cancel a subscription.

Except where required by law, platform rules or an express offer, Subscription Fees already charged are non-refundable. If MAT permanently discontinues a prepaid Service for convenience and does not provide a materially equivalent replacement, MAT will refund the unused prepaid portion. Nothing in this clause restricts a remedy for a failure to supply the Services as required by a mandatory law.

4.6 Failed payments

If payment is declined, MAT may retry the authorised payment method, request an alternative method, suspend paid features after reasonable notice and recover reasonable third-party charges actually incurred. Suspension does not cancel accrued amounts. MAT will restore access within a reasonable time after overdue amounts are paid, subject to technical and account-security requirements.

5. Customer and client data

5.1 Ownership and limited licence

As between MAT and the Customer, the Customer retains its rights in Customer Data. The Customer grants MAT and its subprocessors a limited licence to host, copy, transmit, analyse and otherwise process Customer Data only to provide, secure, support and improve the Services, comply with law, enforce these Terms and perform other purposes described in MAT’s privacy disclosures.

5.2 Customer responsibilities

The Customer is responsible for determining whether the Services are appropriate for its practice and for having a lawful basis to collect, enter and use Client Data. The Customer must provide required privacy notices, obtain valid consent where required, respect client rights and avoid entering information that is unnecessary for the permitted professional purpose.

If Client Data relates to a child or a person who cannot provide valid consent, the Customer must obtain authorisation from a parent, guardian or other legally authorised representative. The Customer must not use the Services as the sole repository for information that it is legally required to preserve unless it has implemented appropriate export and backup procedures.

5.3 Health and sensitive information

Measurz may process body measurements, injury history, assessment results and other information that may be health or sensitive information. The Customer must use heightened safeguards appropriate to that information and must not use Client Data for unrelated marketing, research or automated decision-making without a lawful basis and any required consent.

5.4 Security and incidents

MAT will maintain reasonable administrative, technical and physical safeguards appropriate to the nature of the Services. No internet service is completely secure. Each party must promptly notify the other of a confirmed security incident affecting Customer Data and reasonably cooperate with investigation, containment and legally required notifications.

5.5 International processing and subprocessors

Customer Data may be processed in Australia and in countries where MAT’s hosting, support, analytics, communications and payment providers operate. MAT sets out its privacy and data-processing terms in its Privacy Policy and maintains its current list of subprocessors on its Subprocessors page. MAT will use appropriate contractual safeguards where required. The Customer authorises those transfers subject to those documents and any separately signed data-processing agreement.

5.6 Export and deletion

During an active subscription, the Customer should use available export functions to maintain records it needs. Following termination, MAT may disable access and delete Customer Data after the retention period stated in its privacy disclosures, subject to legal retention, backup cycles and security requirements. MAT may retain de-identified information that cannot reasonably identify the Customer or an individual.

6. Product orders and payment

6.1 Orders

A checkout submission is an offer to purchase. MAT may accept it by issuing an order confirmation, accepting payment or dispatching the Product. MAT may reject or cancel an order for suspected fraud, pricing or stock error, export or sanctions risk, prohibited use, inability to verify business eligibility, unavailability, or a shipping destination MAT cannot reasonably service.

If MAT cancels before dispatch, it will refund amounts paid, less any separately authorised work already performed or reasonable non-recoverable costs caused by inaccurate information or Customer breach. MAT may correct an obvious pricing error before acceptance and give the Customer the option to proceed at the correct price.

6.2 Prices, taxes and currency

Prices are displayed in the currency stated at checkout. Australian prices include or exclude GST as stated. International prices exclude destination VAT, sales tax, import duty, customs brokerage and similar charges unless checkout expressly says otherwise. The Customer is responsible for bank conversion fees and taxes for which it is legally liable.

6.3 Payment plans

If MAT offers an instalment plan, the Customer authorises charges on the disclosed due dates and remains liable for the full agreed price, subject to any mandatory cancellation right. The Customer must maintain a valid payment method and promptly replace an expired or declined method.

For an overdue amount, MAT may charge interest at the lower of 1.5% per month and the maximum lawful rate, calculated from the due date, plus reasonable external collection costs actually incurred. MAT may suspend access or withhold dispatch after reasonable notice. MAT will not materially change an agreed instalment schedule without the Customer’s consent, except to correct a manifest error or accommodate a Customer-requested change.

MAT may refer a genuinely overdue debt to a lawful collection provider after notice. Any credit reporting will occur only where MAT is legally entitled to report, has satisfied applicable notice requirements and has accurate information.

6.4 Chargebacks

The Customer must contact MAT promptly and allow a reasonable opportunity to investigate before initiating a chargeback, except where urgent action is reasonably necessary to protect against fraud. A chargeback does not extinguish a valid debt. MAT may suspend Services while a chargeback concerning those Services is investigated and recover reasonable fees caused by a chargeback that was knowingly false or made contrary to a resolved agreement.

7. Shipping and international trade

7.1 Dispatch and addresses

Products ordinarily ship from Melbourne, Australia, except products identified as shipping from another location. MAT aims to dispatch stocked orders within 72 hours, but dispatch and transit times are estimates, not guaranteed dates, unless MAT expressly agrees otherwise in writing.

Shipping rates are based on the address and service shown at checkout and may assume a business address in a major metropolitan area. Additional charges may apply to remote regions, residential delivery, redelivery, address correction or special handling. PO boxes are not accepted unless MAT confirms otherwise.

7.2 Delivery basis

Unless checkout or a signed agreement states otherwise, international shipments are Delivered at Place (DAP, Incoterms 2020) to the delivery address. The Customer is responsible for import clearance, local registration, duties, VAT, taxes, brokerage, inspection fees and other destination charges. The Customer must provide accurate importer, tax and business identifiers and respond promptly to MAT and carriers.

7.3 Delivery, title and risk

Risk passes in accordance with the stated Incoterm or, for domestic deliveries, when the Product is delivered to the nominated address. Title passes only after MAT receives cleared payment in full, except where applicable law provides otherwise. A carrier’s tracking record or delivery confirmation is evidence of delivery, but does not prevent the Customer from proving a delivery error.

If the Customer gives an authority to leave, nominates an unattended location or provides a residential address, the Customer accepts the additional risk after delivery at that location. This does not excuse MAT or the carrier from responsibility for loss occurring before delivery.

7.4 Customs refusal and returned shipments

The Customer must monitor tracking and pay destination charges when due. If it refuses or fails to clear a shipment and the shipment is returned, abandoned or destroyed, MAT may deduct from any refund the original freight, return freight, duties, carrier charges and reasonable handling costs actually incurred. Course or digital access already supplied remains payable. MAT will provide a cost breakdown on request.

7.5 Delays and loss

MAT is not responsible for customs, carrier or force majeure delays outside its reasonable control, but will provide reasonable assistance with a carrier claim. The Customer must inspect deliveries promptly and notify MAT of visible transit damage, shortage or incorrect items as soon as reasonably practicable, preferably within 14 days. Failure to notify within that period does not remove a mandatory legal right, but the Customer must take reasonable steps to mitigate loss and preserve evidence.

7.6 Import and local compliance

The Customer is responsible for determining whether the Product may lawfully be imported, registered and used in its country and professional setting. MAT remains responsible for obligations that applicable law expressly places on it as manufacturer, exporter or supplier. Neither party may require the other to breach sanctions, export-control, anti-bribery or customs law.

8. Product use and safety

8.1 Professional-use requirement

Products and related materials are intended for appropriately trained health, fitness and movement professionals. The Customer must ensure that Users have appropriate qualifications, training, supervision and professional insurance, follow current instructions and inspect Products before use.

8.2 Insurance

Before attending a practical Course or using a Product with clients, the Customer must maintain insurance appropriate to its activities and jurisdiction. Unless a signed agreement or local market requirement states otherwise, MAT recommends and may require evidence of:

• Public liability insurance of at least AUD 20,000,000 or equivalent local cover.
• Professional indemnity insurance of at least AUD 1,000,000 or equivalent local cover.

8.3 Capacity testing; no diagnosis

Unless a Product is expressly identified by MAT as a regulated medical device for a stated purpose, MAT Products and Measurz are capacity-testing, measurement, education and workflow tools. They are not supplied to diagnose, prevent, monitor, treat or alleviate disease or injury, replace clinical judgment, or provide emergency or medical advice.

The Customer must independently evaluate results in context, use appropriate clinical or professional judgment and stop an assessment if conditions are unsafe. Contractual wording does not determine regulatory classification; each party must comply with legal obligations applicable to the Product’s actual intended purpose and use in the relevant country.

8.4 Assumption and management of risk

Physical assessment and training can involve risks including strain, falls, bodily injury, property damage and, in rare cases, serious injury or death. The Customer is responsible for screening participants, obtaining informed participation consent, providing a safe environment, selecting suitable tests, using assistance or spotting where appropriate and discontinuing activity when unsafe.

To the extent permitted by law, the Customer accepts risks arising from its selection, administration or interpretation of an assessment and from its failure to follow instructions. Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for MAT’s fraud, wilful misconduct or other non-excludable conduct.

8.5 Product limits and tolerances

The Customer must not exceed published load limits. Current stated limits and tolerances are:

• Muscle Meter: maximum load of 500 kg.
• Gripper: maximum load of 150 kg.
• Anker: maximum load of 150 kg.
• Platez: maximum load of 800 kg.
• Pusher Cap: maximum load of 100 kg.
• Puller Pack: maximum load of 100 kg.
• MAT, MegaMAT, Hop MAT and Lite printed products: printing tolerance of approximately 2–3%.

Product pages and instructions supplied with the Product form part of the permitted-use requirements.

8.6 Modifications

The Customer must not alter, dismantle, recalibrate, repair or combine a Product in a manner not approved by MAT where this could affect safety, accuracy or functionality. Unauthorised modification may void MAT’s voluntary warranty to the extent the modification caused or contributed to the problem, but does not remove a mandatory legal right unrelated to the modification.

8.7 Product safety and recalls

The Customer must promptly notify MAT of a suspected safety issue, serious malfunction or adverse incident and preserve relevant records. If MAT or a regulator initiates a safety correction or recall, the Customer must stop affected use when directed, identify affected units, communicate with downstream recipients where required and reasonably cooperate. MAT will specify the remedy and cost allocation having regard to cause, law and any signed agreement.

8.8 Authorised software and integrations

Unless MAT expressly authorises otherwise in writing, MAT Devices are designed and supplied for use only with the official Measurz Application and MAT-authorised software, firmware, interfaces and integrations. The Customer must not, and must not permit another person to, connect, operate, configure, access or use a MAT Device through any unauthorised application, firmware, interface, protocol, integration or other method.

Unauthorised use may result in:

• MAT declining support for the affected use and, to the extent permitted by law, MAT’s voluntary warranty not covering any fault, damage or loss caused or contributed to by that use.
• The Customer being responsible for MAT’s direct, reasonably foreseeable and substantiated loss of subscription fees, licence fees or Product sales, and any third-party claim, to the extent caused by the Customer’s breach of this clause, including reasonable investigation, remediation and enforcement costs, after taking account of MAT’s reasonable mitigation of that loss.
• Any responsibility under this clause being reduced to the extent MAT or another person caused or contributed to the loss.

Where unauthorised use involves infringement or exploitation of MAT intellectual property, MAT may also seek a reasonable licence fee, an injunction, an account of profits or any other remedy available under applicable law. This clause does not create an automatic charge or penalty unrelated to MAT’s actual loss or legitimate interests.

Nothing in this clause excludes any mandatory legal right.

9. Product warranties, returns and refunds

9.1 Mandatory rights

Nothing in these Terms excludes, restricts or modifies a guarantee, warranty, condition, remedy or liability that cannot lawfully be excluded. In Australia, qualifying business purchasers may have rights under the Australian Consumer Law. Any voluntary MAT warranty operates in addition to those rights.

9.2 Voluntary warranty periods

Subject to this section, MAT offers the following voluntary limited warranties from the original purchase date:

• MAT, MegaMAT and Hop MAT: 12 months.
• Muscle Meter: 12 months.
• Gripper: 12 months.
• Anker: 12 months.
• Platez: 12 months.
• Muscle Meter accessories, including the Pusher Cap and Puller Pack: 90 days.

Current product-specific documentation prevails if it gives a longer voluntary warranty.

9.3 Warranty scope

During the applicable voluntary warranty period, MAT warrants to the original purchaser that the Product will be free from defects in materials and workmanship under normal permitted use. This warranty does not promise uninterrupted or error-free embedded software.

The voluntary warranty does not cover damage caused by accident, misuse, abuse, excessive load, failure to follow instructions, unauthorised modification or repair, improper voltage, incompatible third-party products, fire, flood, earthquake or other external cause, to the extent that cause produced the claimed problem. Normal wear and disclosed printing tolerance are not defects.

9.4 Warranty remedy

For a valid voluntary warranty claim, MAT may repair the Product, replace it with a new or refurbished equivalent, or provide another remedy agreed with the Customer. A replacement is covered for the longer of the remaining original warranty and 30 days, subject to mandatory law. These voluntary remedies do not limit a remedy available under non-excludable law.

9.5 Claims and RMA

Before returning a Product, the Customer must:

• Contact MAT and describe the problem.
• Provide proof of purchase.
• Provide reasonable evidence of the problem when requested.
• Obtain a return material authorisation (RMA) and return instructions.
• Package the Product to provide reasonable protection during transit.

MAT may assess a Product before determining the remedy.

For a confirmed defect covered by mandatory law, MAT will bear or reimburse reasonable return costs where required. For a voluntary warranty claim not covered by mandatory law, the Customer pays shipment to MAT and MAT pays standard shipment of the repaired or replacement Product back to the Customer unless MAT states otherwise.

A return sent without an RMA may be delayed or returned at the Customer’s cost. If a non-faulty return is missing accessories, MAT may deduct the reasonable replacement value. MAT will not impose a restocking fee on a remedy required by law.

9.6 Change-of-mind returns

MAT does not ordinarily accept change-of-mind returns unless an offer or written approval states otherwise. If MAT approves one, the Product must be unused, complete and saleable and returned within the agreed period at the Customer’s cost. MAT may deduct outbound freight, payment charges and a reasonable restocking and administration amount disclosed when approving the return, up to 20% of the Product price.

9.7 Data on returned devices

The Customer must export and erase data before returning a device where possible. Service may erase or reformat stored data. MAT is not responsible for data loss where it has given reasonable warning and exercised reasonable care, except to the extent liability cannot lawfully be excluded.

10. Courses and training portal

10.1 Individual licence

A Course enrolment and training-portal login are licensed to the named participant only, unless MAT approves a substitution. MAT may use proportionate technical measures to identify abnormal login activity. Sharing credentials, recording protected content or allowing unlicensed access may result in suspension while MAT investigates.

If MAT reasonably confirms a material access or content breach, it may terminate access, withhold certification and refuse a discretionary refund. MAT will give the Customer notice of the grounds and a reasonable opportunity to respond unless urgent suspension is needed for security or ongoing infringement.

10.2 Included Products and free offers

Any free MAT Product that may be included is only valid with the first qualifying Course purchased at the full, non-discounted rate where the offer says so. It is not included with payment plans, discounted offers or international live Courses unless expressly stated. Team pricing includes only the number of Products stated in the offer, which may be one of each relevant Product.

A Product, Course or Measurz trial described as free has the eligibility, account and redemption limits stated in the offer. A free benefit is not redeemable for cash and cannot be combined with another offer unless MAT agrees.

10.3 Online Course cancellation

Subject to mandatory law and any satisfaction guarantee, MAT’s standard discretionary online Course policy is:

• Within the first 30 days after enrolment, a Customer may request cancellation and a refund if the participant has completed no more than one hour or 20% of verifiable CPD content, whichever threshold is reached first.
• After 30 days, fees are ordinarily non-refundable.

If a Course included a Product, the Customer must return it in original or equivalent protective packaging and in substantially original condition within 14 days after approval of the refund. MAT may deduct outbound shipping, diminished value caused by use beyond reasonable inspection and a disclosed administration fee of up to 10%. No deduction applies to the extent prohibited by mandatory law.

10.4 Live Courses

Live Course places are non-refundable for Customer change of mind except under the satisfaction guarantee or mandatory law. If the participant cannot attend, MAT may provide the corresponding online Course and may permit rebooking under clause 10.5.

MAT may reschedule a Course because of instructor illness, venue problems, insufficient enrolment, safety concerns or circumstances outside reasonable control. MAT will notify participants promptly and offer transfer to a replacement date or corresponding online access. If MAT cancels without providing a reasonably equivalent alternative, it will refund the affected Course fee. MAT is not responsible for flights, accommodation, lost income or other indirect attendance costs except to the extent required by law.

10.5 Live Course rebooking

Unless an offer states otherwise:

• Written notice more than eight weeks before the first practical date permits one rebooking without a rebooking fee.
• A second rebooking may attract an AUD 250 fee.
• Notice between one and eight weeks before commencement may attract an AUD 250 fee.
• Notice less than one week before commencement may attract an AUD 500 fee.

MAT may waive or reduce a fee for exceptional circumstances. A fee will not exceed the reasonable administrative and capacity loss associated with the change where applicable law restricts penalties.

10.6 Satisfaction guarantee

Where the advertised 100% satisfaction guarantee applies, the Customer must notify MAT in writing within 30 days after beginning an eligible online Course or within seven days after attending an eligible live Course. Included Products must be returned within 14 days after approval in substantially original condition. MAT will refund the eligible Course fee, less disclosed shipping and any reduction permitted for damaged or incomplete Products.

Certification will not be issued for a refunded Course. The guarantee applies only where Course fees were paid in full before commencement and does not apply to payment plans, private Courses or excluded promotional offers unless expressly stated.

10.7 Private and hosted Courses

A private or hosted Course requires a 30% booking deposit and full payment at least four weeks before commencement unless the proposal states otherwise. The deposit reserves instructor and operational capacity and is non-refundable for Customer cancellation to the extent reasonably representing MAT’s committed costs and lost opportunity.

If required enrolment numbers or full payment are not achieved, MAT may cancel or reschedule. The organiser remains liable for Products already shipped and approved non-recoverable costs described in the proposal. Unused Products may be returned at the organiser’s cost in new condition for a refund less reasonable shipping and handling. MAT may agree to credit a deposit to a future Course where capacity exists.

10.8 Photography and recording

MAT may photograph or record a live Course only after providing reasonable notice and obtaining any consent required by law. Participants may opt out through the registration process or by notifying MAT before the Course, and MAT will use reasonable measures to avoid identifiable promotional use of an opted-out participant.

Participants must not record Course audio or video, photograph protected slides or demonstrations, or distribute Course materials without MAT’s written permission. Reasonable personal notes are permitted.

11. Intellectual property, teaching and research

11.1 MAT ownership

MAT and its licensors retain all rights in the Services, Products, product designs, trade marks, methods, course content, videos, text, graphics, software, reports, templates and documentation, including improvements and derivative works. Purchasing a Product or completing a Course transfers ownership of the physical item only and grants only the limited use rights expressly stated.

11.2 Permitted professional use

A trained Business User may use genuine MAT Products and Measurz in providing its own permitted professional assessment, training or health services. It may generate and share authorised client reports for the relevant client. It may not reproduce MAT training content, sell access to MAT materials, imply endorsement beyond an awarded certification, or use MAT trade marks as part of its business name or product branding.

11.3 Teaching and educational programmes

Completing a Course does not grant a right to teach MAT methodology or incorporate MAT content, Products, Measurz demonstrations or protected materials into a paid or unpaid course, university curriculum, certification programme, webinar, publication or other educational product. Prior written approval and any applicable licence fee are required.

If the Customer receives revenue through unauthorised exploitation of MAT intellectual property, MAT may seek the remedies available under law, which may include licence damages, an account of profits, delivery up, injunctions and legal costs where awarded. This clause does not create an automatic penalty unrelated to MAT’s rights or loss.

11.4 Research

Products, Measurz and MAT materials may not be used in a study, validation exercise, publication, university project or other research programme without MAT’s prior written approval. Approval may address protocol, product version, data protection, attribution, publication review for confidential information and permitted trade mark use. MAT approval does not replace ethics, regulatory or participant-consent requirements.

11.5 Feedback

If the Customer voluntarily provides suggestions about MAT Products or Services, it grants MAT a perpetual, worldwide, royalty-free right to use the feedback without identifying the Customer or disclosing Customer confidential information. This does not transfer ownership of Customer Data, clinical records, commissioned materials or intellectual property expressly identified as the Customer’s.

11.6 Confidential information

Each party must protect the other’s non-public business, technical and commercial information using reasonable care and use it only for the relationship. This obligation does not apply to information independently developed, lawfully received without restriction, already public without breach, or required to be disclosed by law. The receiving party must give notice of compelled disclosure where legally permitted.

12. Disclaimers and service operation

12.1 Professional judgment

Results, norms, comparisons, education and other information supplied by MAT are tools for trained professional interpretation. MAT does not warrant a particular clinical, sporting, commercial or financial outcome. The Customer remains responsible for decisions, professional advice and services it provides.

12.2 Availability

MAT will use reasonable efforts to operate the Services, but does not promise uninterrupted or error-free availability. Maintenance, platform changes, internet failure, device compatibility, third-party outages and security events may affect access. MAT may change features where reasonably necessary, but will not materially reduce the core paid functionality during a prepaid term without a reasonable alternative, credit or right to cancel.

12.3 Third-party services

The Services may integrate with payment providers, app stores, devices or external services. MAT is not responsible for an external service outside its reasonable control, but remains responsible for its own integration and representations. The Customer must comply with applicable third-party terms.

13. Suspension and termination

13.1 Customer termination

The Customer may cancel a renewable subscription under clause 4.5. Termination does not affect accrued payment obligations, intellectual-property restrictions, confidentiality, data provisions intended to survive, or rights arising from an earlier breach.

13.2 Suspension

MAT may suspend affected access where reasonably necessary to address non-payment, account sharing, security risk, unlawful use, infringement, risk to clients or the Services, or a material breach. Except in urgent cases, MAT will give notice and a reasonable opportunity to cure. MAT will limit suspension to the affected account or functionality where reasonably practicable.

13.3 Termination by MAT

MAT may terminate for an uncured material breach after reasonable notice, repeated material breaches, insolvency, fraud, serious security abuse, unlawful conduct or infringement that cannot reasonably be cured. MAT may discontinue a Service for commercial reasons on at least 30 days’ notice and will refund the unused prepaid portion if it does not provide a materially equivalent alternative.

13.4 Consequences

On termination, licence rights cease and the Customer must stop using restricted materials and pay outstanding amounts. MAT may retain or delete Customer Data in accordance with clause 5.6. Termination does not require destruction of legitimately purchased physical Products, but does not authorise continued infringement or prohibited teaching.

14. Liability and indemnities

14.1 Non-excludable liability

Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, death or personal injury caused by negligence where it cannot be excluded, infringement of another party’s intellectual property, breach of confidentiality, or any guarantee, remedy or liability that applicable law does not permit the parties to exclude or limit.

14.2 Excluded loss

To the extent permitted by law, neither party is liable for indirect, incidental, special or consequential loss, loss of profit, revenue, opportunity, goodwill or anticipated savings, or loss or corruption of data, except where that loss is a reasonably foreseeable consequence for which liability cannot lawfully be excluded. MAT is not liable for harm caused by the Customer’s professional services, unsafe testing, unauthorised modification, misuse or interpretation contrary to instructions.

14.3 Liability cap

Subject to clause 14.1, MAT’s aggregate liability arising from a Product is limited to the amount paid for the affected Product, and MAT’s aggregate liability arising from a Subscription or Course is limited to the fees paid for the affected Service during the 12 months before the event giving rise to the claim. If applicable law permits limitation but requires a different remedy, MAT may limit liability to resupply, repair, replacement or the reasonable cost of doing so.

14.4 Customer indemnity

The Customer indemnifies MAT and its personnel against third-party claims, losses and reasonable legal costs to the extent caused by:

• The Customer’s unlawful or negligent professional services.
• Unsafe or unauthorised use of a Product.
• Customer Data supplied without required authority.
• Infringement by material supplied by the Customer.
• Prohibited teaching, copying or competitive misuse.
• The Customer’s material breach of these Terms.

The indemnity is reduced to the extent MAT or another person caused or contributed to the loss. MAT must notify the Customer promptly, allow reasonable participation in the defence and not settle a claim imposing non-monetary obligations on the Customer without consent, not to be unreasonably withheld.

15. Complaints and disputes

15.1 Complaints

A party claiming a dispute must give written notice describing the issue, relevant order or account, desired outcome and supporting information. Operational complaints should first be sent through MAT’s published support channel. Formal dispute notices must be delivered by prepaid post or courier to MAT at the address in clause 17.

15.2 Good-faith negotiation

Within 10 business days after a dispute notice, authorised representatives must confer in good faith. Neither party may commence court proceedings until 30 days after the notice, except for urgent injunctive relief, debt recovery for an undisputed amount, a limitation deadline, a regulator process or a claim that cannot lawfully be subjected to this procedure.

15.3 Mediation

If unresolved after 30 days, either party may request mediation administered by the Resolution Institute under its applicable mediation rules. The mediation will take place remotely or in Melbourne, Victoria, as reasonably agreed. The parties share the mediator’s fees equally and bear their own costs. If the dispute is not resolved within 30 days after appointment of the mediator, either party may end the mediation and commence proceedings.

15.4 Governing law and jurisdiction

These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law rules. The parties submit to the exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them. However, this clause does not exclude a mandatory law or jurisdiction that cannot validly be excluded in a particular transaction.

16. General provisions

16.1 Distributors and separate agreements

If the Customer is an authorised Distributor, its separately signed distribution agreement continues to apply. These Terms govern orders placed through online checkout, including payment, shipping, import charges, delivery, returns and product warranties. If these Terms conflict with a signed distribution agreement, the signed agreement prevails to the extent of the inconsistency.

A checkout purchase does not appoint a purchaser as a Distributor, grant exclusivity or territory rights, authorise sub-distributors, or modify a distribution agreement.

16.2 Assignment

The Customer may not assign or transfer these Terms, an account or a Course licence without MAT’s written consent, not to be unreasonably withheld for a genuine business reorganisation that does not increase risk. MAT may assign these Terms to an affiliate or successor to the relevant business on notice, provided the assignment does not materially reduce the Customer’s rights.

16.3 Force majeure

Neither party is liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, epidemic, war, civil disorder, government action, customs closure, carrier disruption, widespread internet or utility failure, labour disruption not limited to that party’s workforce, or supplier failure caused by such an event. The affected party must take reasonable steps to mitigate and resume performance. Payment for Products or Services already supplied is not excused.

16.4 Notices

MAT may send operational and contractual notices to the email associated with the account. The Customer must keep that address current. A notice is treated as received when sent unless the sender receives an automated failure message. Formal dispute notices must also be delivered by prepaid post or courier to MAT at the address in clause 17.

16.5 Electronic communications

The parties agree to electronic contracting, notices, invoices and records. Marketing communications are separate from essential service and transactional notices and will be sent in accordance with applicable marketing and privacy law.

16.6 Severability and waiver

If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary or severed, and the remaining provisions continue. A delay in enforcing a right is not a waiver. A waiver must be in writing and applies only to the stated circumstances.

16.7 Entire agreement

Subject to clause 1.4, these Terms and the applicable order documents form the entire agreement concerning the transaction and replace earlier discussions about it. This clause does not exclude liability for fraud or a representation that applicable law does not permit a party to exclude.

16.8 Survival

Payment obligations, intellectual-property restrictions, confidentiality, data provisions, liability terms, dispute provisions and any clause intended by its nature to continue survive termination.

16.9 Interpretation

Headings assist navigation only. Including means including without limitation. A reference to law includes amendments and replacements. The singular includes the plural. A party includes permitted successors and assigns. If an amount is expressed in Australian dollars, an equivalent local-currency amount may apply where checkout displays it.

17. Contact and publication details

Movement Assessment Technologies Pty Ltd, trading as MAT and Movement Assessment Technologies.

• ACN: 630 444 727.
• ABN: 18 630 444 727.
• Address: 9/35-37 Lakewood Boulevard, Braeside, Australia, 3196.
• Phone: +61 488 869 628.

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