The Trustee for ECA Trust trading as Centre of Movement ABN 17 647 935 479


1. DEFINITIONS
1.1 In these Terms, unless the context otherwise requires, the following words have the following
meaning:
Content means all software, content, materials, images, videos, blogs and trademarks
(including logos, names and domains) in the Site and contained or available on the Site.
Intellectual Property means all rights throughout the world in relation to patents, copyright
(including moral rights), designs, registered and unregistered trademarks, trade secrets, know-
how and confidential information and all other intellectual property any right to register those
rights, whether created before or after the date of this document, and in all cases for the
duration of those rights and any renewal.
Patient Intake Form means the form provided by Centre of Movement to be completed by
patients, or their parent or guardian, prior to in clinic sessions.
Personal Information has the same meaning as set out in our Privacy Policy.
Privacy Policy means the Privacy Policy published by Centre of Movement from time to time
accessible at https://centreofmovement.mykajabi.com/privacy-policy.
Site means the website Centreofmovement.com.au and the following domains and related
Sites:
(a) https://centreofmovement.mykajabi.com/
User means a person who uses or accesses the Site.


2. INTRODUCTION
2.1 These Terms of Use (ā€˜Termsā€™) set out the relationship between you and Centre of Movement
Pty Ltd ABN 17 647 935 479 (ā€˜Centre of Movementā€™, ā€˜usā€™, ā€˜weā€™ or ā€˜ourā€™) regarding your use of
the Site, and associated social media platforms and mobile applications operated by us or on
our behalf.
2.2 By using the Site, you agree to these Terms and any additional terms, conditions, notices and
disclaimers located on the Site, and acknowledge that you have read and understand these
Terms.
2.3 If you do not agree to these Terms, you must not access or use the Site or immediately cease
access or use of the Site.
2.4 Centre of Movement reserve the right to change, modify, add or remove any of the Terms at
any time. Your continued use of the Site after changes are posted constitutes your acceptance
of the amended Terms.
2.5 The Site should only be accessed by individuals aged eighteen (18) years or older. If you are
under the age of 18 years you must immediately cease accessing this Site.

2.6 You can access these Terms at any time at
https://centreofmovement.mykabi.com/termsofuse.Ā 


3. SERVICES
3.1 This Site provides Users access to information and certain features relevant to the products
and services (as amended from time to time) offered by Centre of Movement and its related
entities (ā€˜Products and Servicesā€™).
3.2 Your use of our Site does not constitute an agreement to provide the Products and Services or
an engagement of Centre of Movement for the provision of Products or Services.
3.3 Products and Services will be provided in accordance with the Terms of Service or Patient
Intake Form, as the case may be.
4. USER LICENCE
4.1 Subject to these Terms, Centre of Movement grants you a non-exclusive, non-transferable,
limited and revocable licence to use the Site (ā€˜User Licenceā€™).
4.2 The User Licence is granted for your own personal, non-commercial use. You agree not to use
the Site for any other purpose. The User Licence is granted to you subject to your full
compliance with these Terms.
4.3 Except as set out in clause 4.1 above, you do not receive any other licence and Centre of
Movement retains all right, title and interest in and to the Site and the Materials.
4.4 Centre of Movement owns at all times all copyright, trade marks, code, software, settings,
artwork, trade secrets, patents, titles, and any other Intellectual Property and all rights in, or
derived from the Site and Content.
4.5 You are not authorised to copy, reproduce or distribute in any manner on any platform without
Centre of Movementā€™s prior written consent (in our sole discretion), any part of this Site, the
Content or any of our Intellectual Property.
4.6 We may revoke the User Licence granted to you at any time.
5. YOUR OBLIGATIONS
5.1 You must not:
(a) hack or interfere with the Site in any way;
(b) infect the Site with any viruses, trojans or computer worms;
(c) engage in unlawful acts including harassing or stalking other Users;
(d) use the Site or encourage others to use the Site to undertake illegal activity;
(e) use the Site or Content for any commercial purpose without prior written consent;
(f) sell, sublicense, reproduce and otherwise commercialise any of part of the Content
provided on the Site without prior written consent;
(g) impersonate any other person in your use of the Site;
(h) use the Site in connection with the actual or attempted contravention of any laws;
(i) use the Site or Content in a way that infringes the Intellectual Property of any person;
(j) breach these Terms or additional Terms or requirements as notified on the Site;

(k) misuse the Site, Content or our Intellectual Property; or
(l) breach any third party rights.
5.2 You must comply with any applicable third party terms of use when using the Site (e.g.
Facebookā€™s terms of use).
5.3 All information, including Personal Information, that you provide to Centre of Movement must
be true, accurate, not misleading and complete at all times. This includes all Personal
Information you may provide on behalf of a third party.
6. INTELLECTUAL PROPERTY
1.1 All Intellectual Property in this Site including the Content is owned, licenced by, used with
permission, or otherwise lawfully used by Centre of Movement.
1.2 Content and other material appearing on our Site is subject to copyright vested in us or third
parties. All Content is protected by Australian and international copyright and other intellectual
property laws. You must not do anything which interferes with or breaches those laws or the
intellectual property rights in the Content. You may be liable for damages or other penalties if
you breach our intellectual property rights or copyright or intellectual property laws.
1.3 Without limiting clauses 6.1 and 6.2 , Centre of Movement expressly reserves all rights in and
to the Site and all related domains and sub-domains, the name ā€œCentre of Movementā€, our
logos, service marks, trading names or trademarks (whether registered or unregistered). Other
trademarks, products and company names mentioned on the Site may be trademarks of their
respective owners or licensors and the rights in such marks are reserved to their respective
owners or licensors.
1.4 Despite anything to the contrary in these Terms or on the Site, Users may not copy,
reproduce, publish, store and transmit the Content in any form or by any means in whole or in
part without our prior written approval, or the prior written approval of our relevant affiliate, or
third party owner.
1.5 Users may not directly or indirectly copy, adapt, reproduce, store, modify, distribute, print,
upload, display, perform, remove any credits, publish, post frame within another Site or create
derivative works from any part of this Site or commercialise any information obtained from any
part of this Site without our prior written permission or, in the case of third-party material, from
the owner of the Intellectual Property rights in that material.
6.1 Requests and inquiries concerning reproduction and rights should be addressed to
[email protected].
1.6 External Site images and content, if any, accessible on the Site are used by us with the
permission of the authors of those sites and must not be reproduced without obtaining the
permission of the author of those materials.
1.7 The copyright in material appearing on content linked from our Site vests in the author of that
material, or the authorā€™s licensee (subject to the operation of the Copyright Act 1968 (Cth)).
We recommend that you refer to the relevant external copyright statement before making use
of any material.
1.8 You acknowledge that your access to the Site may be withdrawn at any time without notice
and these Terms shall survive any such withdrawal.
1.9 For the avoidance of doubt, the fact that your device downloads information from the Site is
not a breach of the limited licence granted under these Terms.
7. PRIVACY
1.10 We are committed to protecting the Personal Information we collect from you when you
access and use Site.

1.11 The Privacy Act 1988 (Cth) and the Australian Privacy Principles govern the way in which we
must manage your Personal Information and our Privacy Policy sets out how we collect, use,
disclose and otherwise manage Personal Information about you.
1.12 You can access our full Privacy Policy here https://centreofmovement.mykajabi.com/privacy-
policy.
7.1 You agree that your Personal Information and user information will be collected, processed,
used and shared in accordance with the Privacy Policy, these Terms, and as you otherwise
consent from time to time.
8. THIRD PARTY SITES AND APPLICATIONS
8.1 The Site may provide links to or allow you to interact with other Sites or applications which are
owned or operated by third parties.
8.2 Links to other Sites or applications are provided for your convenience only. Centre of
Movement does not control these other Sites and applications and Centre of Movement
cannot be responsible for the content, accuracy or functionality of third-party sites and
applications.
8.3 Unless expressly stated on the Site, the provision of a link to a third party Site or application
does not constitute an endorsement or approval of that Site or application or any of the
products or services or functionality on that site or application. Centre of Movement is not
liable for any damages or injury arising from your access or use of third-party sites or
applications.
8.4 By clicking on a link to a third party site or application, you consent to Centre of Movement
disclosing your relevant Personal Information with our software provider and the operator of
the third party Site or application for the purpose of processing your request to link to the third
party site or application in accordance with our Privacy Policy.
9. SECURITY
9.1 Centre of Movement does not warrant and cannot ensure the security of any information which
you transmit to it through the Site. Accordingly, any information that you transmit to the Site,
including your Personal Information, is transmitted at your own risk.
9.2 Users are responsible for taking reasonable steps to protect and keep confidential any
information that they transit through or via the Site including your Personal Information and
any log in details or passwords.
9.3 If you become aware of any problems with the security of your data or the Site, please contact
[email protected] immediately.
10. LIMITATION OF LIABILITY AND DISCLAIMER
1.13 To the fullest extent permitted by law, access to the Site is provided ā€œas isā€ and we do not
make any representation or warranty of any kind, either express or implied, in connection with
the Site.
1.14 You acknowledge that your use and access to the Site is at your own risk. To the extent
permitted by law, we are not liable for (without limitation):
(a) any loss, damage, claim, cost or expense, arising out of or in any way connected to:
(i) the Site, your use of or reliance on the Site, or any Content or material contained
on the Site (including but not limited to information about the Services) under any
circumstances, including but not limited to negligence or misrepresentation; or
(ii) an inability to use, error, or an interruption to, the Site; or

(b) any direct, indirect, special, exemplary, incidental, consequential, punitive damages,
loss of savings, business opportunities, revenue and profit and damage to goodwill
arising out of your use of the Site.

1.15 Centre of Movement does not give any warranty as to the accuracy, reliability or completeness
of information which is contained in the Site.
2. NO ADVICE
10.1 All information contained on the Site and in the Content is provided for general informational
and educative purposes only.
10.2 Nothing contained on the Site or in the Materials shall be interpreted as advice, suggestion or
recommendation and neither the Site nor the Content should be relied upon as such.
10.3 Centre of Movement does not offer or provide medical advice and the Products provided by
Centre of Movement do not replace or substitute professional medical advice and/or care. We
recommend you obtain advice from qualified medical professionals before making any
decision of this nature.
10.4 The Products we do provide should be used in consultation with qualified medical and
healthcare professionals.
11. INDEMNITY
11.1 You agree to indemnify Centre of Movement to the fullest extent permitted by law for all
damages, losses, penalties, fines, expenses and costs (including legal costs) which arise out
of or relate to:
(a) your use of the Site and Content;
(b) any misuse of the Site or Content or damage to the Site or Content;
(c) any information that you provide to Centre of Movement via the Site;
(d) the inability to access or use the Site or Content; or
(e) the inaccuracy of information provided by you.
11.2 This indemnification includes, without limitation, liability relating to copyright infringement,
defamation, invasion of privacy, trade mark infringement and breaches of the Competition and
Consumer Act 2010 (Cth).
12. SEVERABILITY
12.1 If any provision of these Terms is found to be invalid under any applicable law, such provisions
shall be deleted without affecting the remaining provisions herein.
13. COMPLAINTS
13.1 Centre of Movement operates a complaint handling procedure which we will use to attend to
resolve any dispute that arises.
13.2 Should you have any complaints or feedback, please direct your communications to:
[email protected].
14. GOVERNING LAW & JURISDICTION
14.1 These Terms will be governed by and interpreted in accordance with the laws of the State of
Queensland.