MEASURZ APP TERMS AND CONDITIONS OF USE
- About the Application
- Welcome to Measurz (the 'Application'). The Measurz Application (the 'Services').
- The Application is operated by Movement Assessment Technologies Pty Ltd. Access to and use of the Application, or any of its associated Products or Services, is provided by Movement Assessment Technologies Pty Ltd.
- Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Application, 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 Application, or any of its Services, immediately.
- Movement Assessment Technologies Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updating 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. Before you continue, we recommend you keep a copy of the Terms for your records.
- Acceptance of the Terms
You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.
- Your obligations as a Member
- As a Member, you agree to comply with the following:
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- 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 Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- access and use of the Application is limited, non-transferable and allows for the sole use of the Application by you for the purposes of providing the Services;
- you will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Movement Assessment Technologies;
- you will not use the Services or Application 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 Application;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by for any illegal or unauthorised use of the Application; and
- you acknowledge and agree that any automated use of the Application or its Services is prohibited.
- Where the option is given to you, you may make payment of the Subscription Fee for the Services (the 'Services Fee') by way of:
- All payments made in the course of your use of the Services are made using in-app purchases via the App Store or Stripe. In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the terms and conditions which are available on their Application.
- You acknowledge and agree that where a request for the payment of the Subscription 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 Subscription Fee.
- You agree and acknowledge that can vary the Subscription Fee (Services Fee) at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
- Refund Policy
Movement Assessment Technologies Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the 'Refund').
- Copyright and Intellectual Property
- The Application, the Services and all of the related products of Movement Assessment Technologies Pty Ltd are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by Movement Assessment Technologies Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Application pursuant to the Terms;
- copy and store the Application and the material contained in the Application in your device's cache memory; and
- print pages from the Application for your own personal and non-commercial use.
- does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Movement Assessment Technologies Pty Ltd.
- Movement Assessment Technologies Pty Ltd retains all rights, title and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process) to you.
- You may not, without the prior written permission of and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.
- General Disclaimer
- Nothing in the 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.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- 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 Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Application and the Services is at your own risk. Everything on the Application and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of ) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- the accuracy, suitability or currency of any information on the Application, the Services, or any of its Services related products (including third party material and advertisements on the Application);
- costs incurred as a result of you using the Application, the Services or any of the products of Movement Assessment Technologies Pty Ltd; and
- the Services or operation in respect to links which are provided for your convenience.
If you are in the business of providing similar Services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of Movement Assessment Technologies Pty Ltd. Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.
- Limitation of liability
- Movement Assessment Technologies's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- You expressly understand and agree that Movement Assessment Technologies Pty Ltd, its affiliates, employees, agents, contributors 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.
- Termination of Contract
- The Terms will continue to apply until terminated by either you or by as set out below.
- may at any time, terminate the Terms with you if:
- you have breached any provision of the Terms or intend to breach any provision;
- is required to do so by law;
- the provision of the Services to you by is, in the opinion of , no longer commercially viable.
- Subject to local applicable laws, reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts 's name or reputation or violates the rights of those of another party.
- You agree to indemnify Movement Assessment Technologies Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- 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 Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Application or attempts to do so; and/or
- any breach of the Terms.
- Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
- Within days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- If for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;
- The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- The mediation will be held in Victoria, Australia.
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- Termination of Mediation:
If have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
- Venue and Jurisdiction
The Services offered by Movement Assessment Technologies Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
- 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.
- 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.
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.
Measurz App Subscription
To use the Measurz App, you'll have to purchase a subscription plan. We offer two subscription options:
Monthly Solo Subscription: This plan costs AU$20.00 per month and is billed on a monthly basis.
Annual Solo Subscription: This plan costs AU$200.00 for the entire year and is billed in full at the time of purchase.
Monthly Team Member Subscription: This plan costs AU$10 per month per team member and is billed on a monthly basis.
Please note: prices may differ slightly based on your country and currency. Subscriptions are set to renew automatically unless cancelled at least 24 hours prior to the end of the current subscription period.
*Users can only use one free trial or voucher code. If you have already used a voucher code for a free trial further trials or offers do not apply (including free offers/trials included with MAT courses or the Muscle Meter). Voucher codes are not available for team member subscriptions.
MAT COURSE TERMS
FREE MAT Policy
*FREE MAT is only included with your first MAT Level 1 Course when purchased at the full, non-discounted course rate. Not valid with payment plan purchases.
Team discounted rates include 1x MAT only.
FREE Muscle Meter Policy
*FREE Muscle Meter is only included during special promotional periods and with your first MAT Level 1 Course when purchased at the full, non-discounted course rate. Not valid with payment plan purchases. Code required to be used to claim the valid offer. Only valid with courses run and hosted by MAT. Not valid on international live courses.
MAT Course and MAT Portal Usage
Any MAT course is a single license login intended only for the person who purchased the course and created the login details (unless you nominate another user upon sign-up). You understand that we utilise tracking software to determine abnormalities in logins via our online platform and that may freeze your account should it detect inconsistency in your access.
If you are found to have breached any of the terms below or to have shared your login details with anybody else and your account is frozen, your course access will be discontinued immediately and you will not be issued with a certificate or given a refund.
MAT Online Course Policy
If you wish to un-enrol for any reason, the following policies apply at the discretion of MAT;
- Within the first 30 days of enrolment, if you have completed one hour or 20% of verifiable CPD (one topic) or less, a full refund of fees will be granted.
- If you have been enrolled for 30 days or longer, regardless of the number of CPD hours completed, no refund of any fees will be granted.
- To gain a refund you must return any product included with your course in its original condition within 14 days of requesting a refund at your own cost. Refunds will deduct any shipping costs incurred with shipping you these products and incur a $50 administration fee.
If you have any concerns over the course material, have a complaint, or feel improvements can be made to our CPD courses, please feel free to contact us at: [email protected]
FREE attendance at MAT live course with MAT Online course
This strictly only applies to courses hosted by MAT only.
MAT Live Course Policy
No cancellations or refunds are applicable to our live courses.
If you cannot make your selected course date, you will receive access to the corresponding MAT online course. Rebooking of your live course can occur via the rebooking policy below at our full discretion.
MAT reserves the right to cancel a course due to unforeseen circumstances and those enrolled will be informed as soon as possible and rebooked to the next available course. No reimbursement will be made for lost costs associated with attending the course, including, but not limited to flight, hotel or lost income expenses. In the occasion the we do we will transfer your course to the corresponding MAT online course.
MAT Live Course Rebooking Policy
Written notice is required at least 8 weeks from the commencement of the first practical course date booking.
More than 8 weeks from the practical course commencement, no re-booking fee will apply on the 1st occasion.
Cancellation of your booking on a 2nd occasion, a re-booking fee of AU$250 will apply.
Less than 8 weeks from your practical course commencement, a AU$250 re-booking fee will apply.
Less than 1 week from your practical course commencement, a AU$500 re-booking fee will apply.
100% Satisfaction Guarantee
At MAT we pride ourselves on delivering exceptional quality CPD education courses and products. If you are unhappy with any of our education offerings please notify us in writing within 30 days of beginning our online courses or 7 days of attending our live courses. You must return your MAT in its original condition within 14 days of requesting a refund at your own cost and we will provide you with a full refund (minus any charges incurred with shipping your MAT).
The above Live, Private and Online course policies also apply to any refund request. MAT certification will not be provided should you request a refund. Course fees must have been paid in full prior to beginning the course to be eligible for a refund. Not valid with payment plan options.
The MAT, MAT Courses, Measurz + all other MAT products and applications/technology
You are prohibited from using our MAT or other products, Measurz app and course material in any educational materials/program, or taking any payment for using these in educational or teaching settings without written approval. Any breach of this will require full payment of fees to Movement Assessment Technologies Pty Ltd for any of the proceeds of such activities, not limited to use in Universities, private courses and online material. To contact the MAT team about integrating the MAT into your educational materials/program please email [email protected].
Private Course Policy
For privately arranged courses, a 30% non-refundable deposit is required upon booking. Full payment is required 4 weeks prior to the course beginning.
If insufficient numbers are reached or full payment not be completed 4 weeks prior to the course date, MAT reserves the right to cancel the course. A refund of the deposit will not be paid. If MATs have been shipped to your course location, you are liable for paying any MAT and shipping costs. If you choose to keep the MATs you have received, these will be charged on top of any deposit paid. You will also be charged for any extra costs or taxes associated with MAT shipping. You may opt to return the MATs at your own expense for a refund provided the MATs are in new condition.
You may be able to exchange this deposit for course places at a future course date upon discussion with MAT if space in the requested course exists.
In the event a course is cancelled due to insufficient numbers (<10 unless otherwise indicated at the time of booking), charges may be incurred by the private organizers for any other expenses associated with the attempted running of the course, included to, but not limited to admin, transport or marketing expenses.
MAT COURSE PAYMENT PLAN POLICY
By submitting your order via the payment plan option and authorizing the electronic debits from your bank account or charges on your card, you are legally bound to the following terms:
You acknowledge that you authorize Movement Assessment Technologies Pty Ltd to electronically debit your account on the date of purchase, and on the following payment plan due dates for the selected period of instalments.
You acknowledge that the full total of the product/course cost will be paid to Movement Assessment Technologies Pty Ltd by the final instalment due date.
You acknowledge that the credit card(s) or payment method(s) that you are using to make this purchase will be active, valid and have sufficient funds available during the entire term of the payback period. If for any reason your payment is declined, you will provide an alternative, valid payment method.
You understand that you may be assessed a late fee(s) if a payment is missed on any of the agreed-upon payment dates for any reason whatsoever. Fees of 10% per month apply to missed payments. An extra $50 administration fee may also be charged.
You understand that you are legally bound to these terms and required by law to make all payments on the agreed-upon payment dates.
You understand that you are legally bound by all terms and conditions of purchase at www.matassessment.com/pages/terms
Movement Assessment Technologies Pty Ltd reserves the right to report delinquent payments to credit agencies and collections agencies.
Movement Assessment Technologies Pty Ltd also reserves the right to change the payment schedule at its discretion.
Photography and Media Usage
MAT reserves the right to take photographic images and video during their courses and utilise any content containing the MAT on social media.
Students who have purchased our products or attend MAT courses who do not wish to be photographed or have their material to be used by MAT need to advise us in writing 48 hours prior to the start of the practical course or when purchasing our products.
Taking photos and recording videos by course attendees is strictly prohibited and a breach of MAT copyright.
MAT SHIPPING TERMS
All products (excluding RunScribe - USA) are shipped from Melbourne, Australia.
Shipping Policy (including Free Shipping)
Our shipping rates on MAT products (including FREE MATs with courses) are based upon normal delivery rates to major metropolitan areas. Additional charges may apply if you live outside these areas.
Timeframes quoted in our store for shipping are an estimate of travel time from Australia. We aim to dispatch your order within 48 hours, however, at certain times this can be longer.
International Customers (outside Australia): Certain countries have an import/customs tax on products due on arrival into the country. Please check your country's import tax rules before purchasing. Shipping does not include these fees and MAT is not responsible for any additional charges you may incur due to shipping, including taxes and duty charges.
You may be contacted by MAT or our couriers to pay additional shipping fees/customs duties. It is your responsibility to communicate with them promptly to avoid your products being returned to the sender. If products are returned to the sender and you chose to not have them resent, you will be refunded minus all shipping costs incurred with your shipment.
Refunds on products or courses will not be provided should you choose not to pay these locally incurred taxes/fees or if your products are returned to sender.
MAT PRODUCT TERMS
Returns & Warranties: https://runscribe.com/returns-warranties/
Please note (RunScribe shipped from the USA): Certain countries have an import/customs tax on products due on arrival into the country. We have no control over this. Please check your country's import tax rules before purchasing. MAT is not responsible for any additional charges you may incur due to shipping, including taxes and duty charges. Refunds on products or courses will not be provided should you choose not to pay these locally incur taxes/fees.
MAT/MegaMAT/Hop MAT: 12 months limited product warranty
MAT/MegaMAT/Hop MAT 'Lite' products: 60 days limited product warranty
Please note: Due to printing techniques used on our products a 2-3% error tolerance can be expected. Please do not purchase if this is of concern.
RunScribe: as per the RunScribe website. Warranty provided by RunScribe.
Muscle Meter: 12 months limited product warranty (24 months if you hold a Measurz subscription continuously from purchase of your Muscle Meter)
Muscle Meter Accessories (inc. Gripper, Pusher Cap, Puller Pack): 90 days limited product warranty
Muscle Meter Terms
Movement Assessment Technologies (MAT) warrants to the original purchaser that your Muscle Meter (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the “Warranty Period”). This is extended to two (2) years from the date of purchase if you have been using our Measurz app continuously from the date of purchase.
MAT does not warrant that the operation of the Product will be uninterrupted or error-free. MAT is not responsible for damage arising from failure to follow instructions relating to the Product’s use in our Measurz training portal.
If a hardware defect arises and a valid claim is received by MAT within the Warranty Period, MAT will, at its option and to the extent permitted by law, either (1) repair the Product at no charge or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by MAT itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware or product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
To obtain warranty service, you must contact MAT via email at [email protected] and obtain a Return Material Authorization (RMA) and then return the Product in either its original packaging or packaging providing an equal degree of protection, to the address specified by MAT. You will cover the cost of shipping the product to MAT and assume all risk of loss or damage to the Product while in transit to MAT. MAT will cover the cost of shipping any replacement Products back to you. Any product returned to MAT without an RMA and without all the original accessories will either be returned to you at your expense, or you will be charged a restocking fee of 15% of the original purchase price of the Product or the retail value of the missing accessories, whichever is higher.
In accordance with applicable law, MAT may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and MAT will not be responsible for any such damage or loss.
This warranty does not apply to a Product or part of the Product that has been altered or modified (i.e., to alter functionality or capability) by anyone who is not a representative of MAT or if the Product is inserted or installed in a casing not provided by MAT. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-MAT products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by MAT or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of MAT. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No MAT reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
MAT retains the right to recall products should it need to do so.
*Users can only use one free trial or voucher code. If you have already used a voucher code for a free Measurz app trial our two-month free trial offer included with the Muscle Meter will not apply.
*Team discount not valid if/when Muscle Meter is on sale or available at a discounted price.
Product Returns and Refund Policy
Your satisfaction is our first priority at MAT. If your item is faulty upon receipt or is not as described, we will gladly exchange the item or refund your credit card.
MAT adheres to the Consumer Guarantees, Warranties and Refunds policy of the Australian Competition and Consumer Commission (ACCC). If you have a problem with your order we require you to contact us within 7 days of receiving your order.
All returns are subject to us receiving the item back within 14 days of receiving them. Items must be returned with their original packaging and, unless they were damaged prior to you receiving them, they must still be in an unused and saleable condition.
The customer must return the goods at their cost in accordance with our goods return policy and reorder the correct product through the website shopping cart.
You are not entitled to a refund when you:
- Simply change your mind or no longer want the goods;
- Choose the incorrect colour;
- Were responsible for causing the fault or defect.
Any shipping costs incurred in shipping the products to you will be deducted from the final refund price.
MAT reserves the right to charge a 15% restocking/administration fee.
MAT SOFTWARE, PRODUCT + COURSE USE POLICY
You agree to hold the following before attending MAT's courses or using MAT's products:
- Public Liability Insurance in the amount of $20,000,000; and
- Professional Indemnity Insurance in the amount of $1,000,000
You agree to defend, indemnify, and hold harmless Movement Assessment Technologies Pty Ltd (MAT) from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to your breach of these Terms of Service or any activity by you in relation to the Sites, MAT products or your use of the Services and educational materials.
You HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Movement Assessment Technologies Pty Ltd, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Movement Assessment Technologies Pty Ltd, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
You understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.
You acknowledge, agree and represent that I understand the nature of Movement Assessment Technologies Pty Ltd, you and your clients are IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities and usage of MAT products. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCONTINUE further participation in the activity
You assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property of yourself or your clients, associated with Movement Assessment Technologies Pty Ltd.
The provision of these TERMS AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Movement Assessment Technologies Pty Ltd, whether by agreement, by operation of law, or otherwise.
The material contained in this website and our courses is proprietary and confidential to Stephen Kenneth King. Content and images are made available on the basis that use is limited to the sole purpose of education of movement assessment, treatment and training for health and fitness professionals. It is not permissible to use, modify, copy or disclose any information contained on this website or in our courses for any other purpose without the express written permission of Movement Assessment Technologies Pty Ltd.. If you are not the intended recipient of this material you are requested to take immediate steps to destroy it.
Copyright [2014-] Movement Assessment Technologies Pty Ltd. All rights reserved.
Copyright on this website (including text, graphics, logos, products, icons, sound recordings and software) is owned or licensed by MAT. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means, unless prior written permission is received from the site owner:
- adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise any information, products or services obtained from any part of this website; without our written permission.
By completing this course it does not give you the right to teach our MAT material. Any use of the MAT in any teaching content without written consent from us will breach our license, copyright, patent and trademarks and will be subject to litigation.
MAT Website Terms and Conditions
- While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
- When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
- If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, videos, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
- The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
- NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD-PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
- IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
- This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Victoria, Australia. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Last Updated: April 30, 2023