TERMS OF SERVICE
1. DEFINITIONS
1.1 In these Terms of Service, unless contrary intention appears the following words have the
following meanings:
Account means a user account for the Site.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010
(Cth).
Business Day means a day on which banks are open for business on the Gold Coast in
Queensland, other than a Saturday, Sunday or public holiday.
Centre of Movement means The Trustee for ECA Trust trading as Centre of Movement ABN
17 647 935 479.
Claim means any claim, cause of action, Liability, demand, action, remedy, suit, injury,
indemnity, damage, proceeding, litigation, investigation or judgment whether based in
contract, tort, statute or otherwise whether present, unascertained, immediate, future or
contingent.
Copyright Material means any work or other subject-matter in which copyright subsists or is
capable of subsisting under the Copyright Act 1968 (Cth) or equivalent legislation.
Force Majeure Event means any occurrence or omission outside a partyâs reasonable
control, as a direct or indirect result of which the party relying on the event is prevented from
or delayed in performing its obligations under these Terms (other than a payment obligation),
and includes:
(a) an act of God or a disaster (whether natural or man-made) including fire, flood, lightning
or earthquake;
(a) riot, civil commotion, act of public enemies, national emergency (whether in fact or in
Law) or government declaration or direction;
(b) supply shortage or strike, lock out, stoppage, labour dispute or shortage including
industrial disputes involving Centre of Movementâ suppliers.
Government Authority includes:
(a) a government or government department or other body (including the local council);
(b) a government, semi-governmental or judicial person; or
(c) a person (whether autonomous or not) who is charged with the administration of a Law.
Insolvency Event means the occurrence of any one or more of the following events in relation
to any party:
(a) if the party is an individual, the party is a bankrupt, or has signed an authority under
section 188 of the Bankruptcy Act 1966 (Cth);
(a) an application (other than one that is dismissed within ten (10) Business Days) is made
to a court for an order or an order is made, that the party be wound up;
(b) an application (other than one that is dismissed within ten (10) Business Days) is made
to a court for an order appointing a liquidator, provisional liquidator, receiver or other
administrator in respect of the party or one of them is appointed whether or not under an
order;
(c) a resolution is passed to appoint an insolvency administrator in respect of the party;
(d) the party enters into, or resolves to enter into, a scheme of arrangement or composition
with, or assignment for the benefit of, all or any class of its creditors or it proposes a
reorganisation, moratorium or other administration involving any one of them;
(e) the party resolves to appoint an administrator to itself, wind itself up, or otherwise
dissolve itself, or gives Notice of an intention to do so, or is otherwise wound up or
dissolved;
(f) the party is or states that it is, unable to pay its debts as and when they fall due;
(g) the party takes any steps to obtain protection or greater protection from its creditors
under any applicable legislation; or
(h) any secured creditor of the party enforces its security.
Intellectual Property Rights means all intellectual property and proprietary rights (whether
registered or unregistered) owned or used by the relevant party including without limitation
trade marks, logos, confidential information, manuals, specifications, all patents, patent
applications, drawings, discoveries, inventions, improvements, trade secrets, technical data,
formulae, software and computer programs, know-how, logos, registered designs, design
rights, copyright and similar industrial or intellectual property rights.
Law includes any law, whether statute or common law (including the laws of negligence and
nuisance and principles of equity), ordinance, regulation, by-law, order or other determination
of any government authority or statutory authority and other instruments under them, and
consolidations, amendments, re-enactments or replacements of any of them.
Liability means any liability or obligation (whether actual, contingent or prospective), including
for any Loss irrespective of when the acts, events or things giving rise to the liability occurred.
Loss means any loss, damage, compensation, fine, penalty, charge, payment, cost or
expense (including any legal cost and expense) however it arises and whether it is present or
future, fixed or unascertained, actual or contingent.
Order means an order placed via the Site for the Products.
Payment Methods means payment by credit card or electronic funds transfer.
Privacy Policy means the Privacy Policy published by Centre of Movement from time to time
accessible at https://centreofmovement.mykajabi.com/privacy-policy.
Products means those products advertised for sale on the Site.
Site means the website centreofmovement.com.au and associated websites and social media
platforms operated by us or on our behalf.
Terms means these Terms of Service.
Terms of Use means the Terms of Use for the Site published by Centre of Movement from
time to time accessible at https://centreofmovement.mykajabi.com/termsofuse.
You means you as the consumer.
2. GENERAL
2.1 These Terms are an agreement between:
(a) Centre of Movement (âCentre of Movementâ, âusâ, âweâ or âourâ); and
(b) You.
2.2 By registering an Account or placing an Order for the Products through the Site, you agree to
be bound by and comply with these Terms.
2.3 You acknowledge these Terms may be subject to our:
(a) Privacy Policy; and
(b) Terms of Use.
2.4 You must not Order, or attempt to Order, Products from Centre of Movement if You are under
eighteen (18) years of age or do not have the consent of a legal guardian who is eighteen (18)
years or older.
3. REGISTRATION OF ACCOUNT
3.1 Any information you provide to Centre of Movement, including your Personal Information, may
be used or disclosed in accordance with our Privacy Policy.
3.2 You may not have more than one active Account at any one time, and your Account is non-
transferable. You may update, edit or terminate your Account at any time through the Site.
3.3 You are responsible for maintaining the confidentiality of your Account and password. You
should take all necessary steps to ensure that the password is kept confidential and secure.
3.4 You must not allow access to your Account from any other person or organisation and
immediately inform us if you have any reason to believe your account has been used in an
unauthorised manner.
4. PLACING AN ORDER
4.1 You may order the Products by selecting and submitting your Order through the Site in
accordance with these Terms.
4.2 Any Order placed through the Site for the Products is an offer by you to purchase the
particular Product for the price notified (including any charges and taxes) at the time you place
the Order.
4.3 Centre of Movement may request you provide additional details or require you to confirm your
details to enable us to process any Orders placed through the Site.
4.4 You agree that all information provided by you to Centre of Movement, including but not
limited to when you place an Order, is current, complete and accurate and not in any way
misleading.
5. ACCEPTANCE OR REJECTION OF AN ORDER
5.1 Centre of Movement reserves the right to accept or reject your Order for any reason, which
includes (but is not limited to) an election to cancel your order in accordance with clause 9 .
5.2 Each Order placed through the Site which we accept results in a separate binding agreement
between you and us for the supply of the relevant Products.
6. AVAILABILITY OF PRODUCTS
6.1 If we are unable to supply the Products to meet your Order, we will notify you as soon as
reasonably practicable.
6.2 To the extent permitted by Law (including the Australian Consumer Law), you acknowledge
and accept that the Products displayed on the Site (including the images and description of
the Products displayed on the Site) may occasionally differ from the Products delivered due to
changing practices and developments.
7. BILLING AND PAYMENT
7.1 Payment for the Products must be made in full in accordance with our Payment Methods prior
to an Order being completed. The Products will not be provided until payment for the Order
has been received in full and clear funds.
7.2 All payments and refunds will be made in AUD ($). Any refunded value may differentiate
depending on the exchange rate applied at the time of processing the payment.
8. DELIVERY OF PRODUCTS
8.1 Once your Order has been processed and completed, the Products will be accessible from
your Account for a period of eighteen (18) months.
9. CANCELLING AN ORDER
9.1 Cancellation by us
We may cancel any Order, or refuse to accept an Order, or part of an Order at any time
(including any Orders that we have accepted or issued an invoice for) without any Liability to
you for that refusal or cancellation if:
(a) the Products subject to your Order are not available;
(b) we are unable to process your payment;
(c) there is an error in the price or the description posed on the Site in relation to the
Products subject to your Order;
(d) an Insolvency Event occurs;
(e) we reasonably suspect that you have breached any of the provisions within these Terms
by placing the Order; or
(f) we reasonably suspect fraudulent or unlawful activity.
9.2 Cancellation by you
Unless otherwise provided for pursuant to the Australian Consumer Law or any other Law
which the parties cannot legally contract out of, you agree that you cannot change or cancel
an Order after it has been placed.
10. REFUNDS
10.1 Centre of Movement does not accept returns or provide refunds for change of mind.
10.2 Notwithstanding the above, our Products come with guarantees that cannot be excluded under
the Australian Consumer Law. For major failures with the Products, you are entitled:
(a) a replacement or refund or to a refund for the unused portion, or to compensation for its
reduced value; and
(b) compensation for any other reasonably foreseeable loss or damage.
10.3 âYou are also entitled to have the Products replaced if the Products fail to be of acceptable
quality and the failure does not amount to a major failure.
10.4 If requesting a refund or replacement under clause 10.2 or 10.3 , You must provide Centre of
Movement with:
(a) proof of purchase by producing the original tax invoice or other form of proof of payment;
(b) suitable identification to identify You as the original purchaser; and
(c) our online returns form which details the fault or issue with the Product and that the fault
or issue was not caused by You.
10.5 Where applicable, any refund will be credited back via the original Payment Method used
when placing the Order.
11. LIABILITY
11.1 Without excluding, restricting or modifying the rights and remedies which may be afforded to
you by the Australian Consumer Law or our potential liability to you under the Australian
Consumer Law or any other Law:
(a) you acknowledge that the Site and the Products are provided "as is" and that we do not
make any warranty or representation as to the suitability of the Site or Products for any
purpose;
(b) you acknowledge that the Products do not include or form professional medical advice,
assistance or care from suitability qualified medical practitioners and does not replace or
substitute professional medical advice, assistance or care from suitably qualified
medical professionals;
(c) we exclude all other implied terms and warranties, whether statutory or otherwise,
relating to the Products and the Site or the subject matter of these Terms to the
maximum extent permitted by Law; and
(d) we (and our related bodies corporate, agents, employees, officers and representatives)
will not be liable to you for indirect and consequential loss arising from or connected to
these Terms in contract, tort, under any statute or otherwise (including, without
limitation, for loss of revenue, loss of profits, failure to realise expected profits or
savings, loss or corruption of data and any other commercial or economic loss of any
kind).
11.2 Our liability (and any liability of our related bodies corporate, agents, employees, officers and
representatives) to you for loss or damage of any kind arising out of these Terms or in
connection with the relationship established by it is reduced to the extent (if any) that you
cause or contribute to the loss or damage. This reduction applies whether the liability arises in
contract, tort (including negligence), under any statute or otherwise.
12. DISCLAIMERS
Not Medical Advice
12.1 Centre of Movement does not provide hands on therapy, any form of medical care, medical
opinion, diagnosis or treatment through, or in connection with, the Products.
12.2 The materials included in the Products, or provided in connection to the Products, (âMaterialâ)
are provided for general information and educational purposes only and do not claim to be
professional advice specific to your situation.
12.3 The Materials should be used as a general informative guide and in consultation with your
healthcare professionals. We strongly recommend that the use of the Products is supervised
by your healthcare professional.
Third Party Links
12.4 Throughout the Site, Centre of Movement may provide information about equipment items,
products or internet sites maintained by third parties (âThird Party Informationâ). The
provision of Third Party Information is not an endorsement and Centre of Movement makes no
representations or warranties in relation to the Third Party Information, including their
accuracy, quality or suitability for any purpose.
13. TERMINATION AND SUSPENSION
13.1 Centre of Movement reserves the right to suspend, terminate or limit your access to and use
of the Site and (where relevant) your Account for any reason, including (but not limited to)
where you:
(a) breach of these Terms;
(b) breach our Terms of Use; or
(c) otherwise use the Site or Products in a fraudulent, illegal or improper manner.
13.2 Where your access to the Site is refused or your Account is suspended or terminated, we may
refuse to provide the Products and cancel any Orders you have placed.
14. FORCE MAJEURE
14.1 Neither party will be in breach of these Terms or liable for any failure or delay in the
performance of its obligations under these Terms to the extent that the failure or delay is
wholly or partially caused, directly or indirectly, by a Force Majeure Event or any act or
omission of the other party.
14.2 If these Terms are no longer capable of being performed due to circumstances beyond the
reasonable control of the parties, whether as a result of a Force Majeure Event or otherwise:
(a) the agreement between the parties will be at an end; and
(b) both parties must immediately discharge all of their financial and other obligations under
these Terms up to the date of expiration or termination of the Terms.
15. INTELLECTUAL PROPERTY
15.1 All Intellectual Property Rights in the Products are owned, licenced by, used with permission,
or otherwise lawfully used by Centre of Movement.
15.2 You must not sell, sublicense, reproduce, share or otherwise commercialise any of part of the
Products.
16. COMPLAINTS
16.1 Centre of Movement operates a complaint handling procedure which we will use to attend to
resolve any dispute that arises.
16.2 Should you have any complaints or feedback, please direct your communications to:
[email protected].
17. MISCELLANEOUS
17.1 Governing Law
These Terms are governed by the laws of the State of Queensland. The parties submit to the
non-exclusive jurisdiction of courts exercising jurisdiction there.
17.2 Severance
Any provision of these Terms which is prohibited or unenforceable in the jurisdiction specified
in clause 17.1 above will be ineffective in that jurisdiction to the extent of the prohibition or
unenforceability. That will not invalidate the remaining provisions of these Terms nor affect the
validity or enforceability of that provision in any other jurisdiction.
17.3 Variation
No variation, modification or waiver of any provision in these Terms, nor consent to any
departure by any party from any such provision, will be of any effect unless it is in writing,
signed by the parties or (in the case of a waiver) by the party giving it. Any such variation,
modification, waiver or consent will be effective only to the extent to or for which it may be
made or given.
17.4 Waivers
A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the
right, power or remedy. A single or partial exercise of a right, power or remedy does not
prevent another or further exercise of that or another right, power or remedy. A waiver of a
right, power or remedy must be in writing and signed by the party giving the waiver.
17.5 Survival
Any indemnity or any obligation of confidence under Terms is independent and survives
termination of these Terms or an agreement arising in connection with these Terms. Any
other term by its nature intended to survive termination of these Terms survives termination of
these Terms.
