Alimba Movement Terms and Conditions

Limba Movement Pty Ltd ACN 660 568 178 (Alimba Movement, we, us or our) operates the Alimba Movement website alimbamovement.com and online members software service (the Application) through which you access our fitness programs subject to these terms and conditions (Terms).

Please read these Terms carefully before using the Service, as your use of the Application or the Service is subject to these Terms. Use of your personal information submitted via the Application is governed by our Privacy Policy available at [insert privacy policy URL]. By using the Service via the Application (whether now or in the future) or continuing to use the Application, you agree to be bound by these Terms and our Privacy Policy. If you do not accept these Terms or our Privacy Policy you should cease using the Application and the Service immediately. 

If you do not accept these Terms, you should not use any part of the Service or functionality of the Application.

If you ordinarily reside in the United States of America (and its territories) or Canada, you may not join Alimba or use the Application or Services.

We reserve the right to change these Terms from time to time. You should check the Application regularly to review the current Terms. 

1. Definition of Terms

(a) Application means any current or future version of the Alimba Movement website via which you access the Service.

 (b) Alimba Movement means the business operated by Limba Movement Pty Ltd ACN 660 568 178, a company registered in Victoria, Australia. 

(c) Service means the fitness programs provided by us via the Application, Private Facebook community, or other mediums as may be available from time to time.

(d) Uploaded Content means any post, submission, photo, video or other content uploaded or otherwise made available through the Application or Service by you or an individual using your account.

2. Your Account

   
   

   (a) When you register an account with us, you will provide us with personal information such as your name and email address. We may also request additional personal information such as your age (or age range), gender and health information. We will handle all personal information we collect in accordance with our Privacy Policy.

   
   

   (b) When you register an account with us, we will provide you with a user name and you will be required to select a password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under this account. You must not share, give or sell your user name or password to any person or company. Excessive viewings or logins by you will be construed by us as fraudulent use of the Services, which will result in the immediate cancellation of your access to the Services without refund. When purchasing access to any Services, you must take all actions possible to protect your username and password from fraudulent use.

   
   

   (c) You must promptly provide accurate and updated information to us via your account throughout the duration of their use of the Application or Service. This includes, but is not limited to, personal information, contact details, payment information, and any other relevant information or data required for the effective use and administration of the Application and Service. You acknowledge that maintaining current and accurate information is vital for the proper functioning of the Application and Service and ensuring seamless communication and delivery of Services. Failure to provide timely updates or providing false or misleading information may result in a breach of these Terms and could lead to termination of your account or access to the Application and Service (in whole or part), without liability to us. You further acknowledge that you bear sole responsibility for any consequences that may arise due to the provision of outdated or inaccurate information.

   
   

   (d) You are responsible for making all arrangements necessary for you to have access to the Application, including any fees or costs associated with hardware, equipment, software, services and/or carrier fees. You are also responsible for ensuring that all persons who access the Application through your device or account are aware of these Terms and comply with them.

   
   

   (e) The Service is only available to those individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility. You are not permitted to use the Service if you are not 18 years of age or older unless you have the consent of your parent or guardian.

3. Cookies

   
   

   (a) You acknowledge and agree that changes made to your cookie settings may impact your ability to access and use your account. Modifying the cookie settings on your device or browser may affect the functioning of certain features or functionalities related to your account. You understand that our Application and supply of Services relies on cookies to provide a personalized experience and enable various services. Any changes to the cookie settings that result in the disruption or limitation of your account access or functionality are your sole responsibility. We shall not be held liable for any such consequences arising from your modifications to the cookie settings.

4. Subscription

   
   

   (a) You acknowledge and agree that:

   
   

   (i) you must pay us the fees stated at the time that you register with our Application and which may be updated from time to time (inclusive of any taxes as may be relevant from time to time) (Subscription Fees);

   (ii) you must pay the Subscription Fees in advance in accordance with the billing frequency specified at the time that you register with our Application and which may be updated from time to time (Due Date);

   (iii) your Subscription will automatically renew on the Due Date and we may use third parties to charge your credit card automatically unless cancelled in accordance with this clause 4; and

   (iv) the Subscription Fees are subject to review by us and may be varied by notice in writing no less than 21 days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.

   
   

   (b) Your access to the Service is conditional on you paying the Subscription Fees (Subscription). 

   
   

   (c) All prices and fees are in Australian Dollars (AUD) and exclusive of GST.

   
   

   (d) Payment of the Subscription Fee may be processed by third parties on our behalf. Your payment details must be verified before your Subscription can be activated. If, at any time, your payment authorisation is not valid or is revoked, your Subscription and access to the Application and Service will be immediately terminated.

   
   

   (e) Payment of the Subscription Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.

   
   

   (f) If a payment of the Subscription Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled. If we continue your access to the Application or the Service for a period of time following such rejection, invalidation or unsuccessful payment of the Subscription Fee:

   (i) you remain liable for the unpaid Subscription Fees for the unpaid period as a liquidated debt; and

   (ii) we may elect to suspend or terminate your Subscription at any time.

   
   

   (g) All payments made are non-refundable unless otherwise stated in clause 4(k).

   (h) You may cancel your Subscription by selecting the ‘unsubscribe’ option through your account settings on the Application. A confirmation email will be sent to you to confirm your membership cancellation. 

   (i) Any cancellation of the Subscription by you will take effect at the end of the period to which the Subscription Fee relates.

   (j) Notwithstanding clause 4(h), in the event that you cancel your Subscription effective immediately and you have paid more than one month in advance, we may agree to grant a pro rata refund for the unused portion of your Subscription. All cases will be considered on a case by case basis. The Company does not warrant that a refund will be given in any circumstances. 

   (k) Upon cancellation of the Subscription, at the end of your paid subscription period you will no longer be permitted to have access to, or receive the benefit of, the Application or the Service.

   (l) You acknowledge and agree that we may terminate your access to the Service in accordance with these Terms at any time and you accept that where termination arises due to your breach, there is no refund available for the Subscription Fee.

5. Use of the Application and Service

   
   

   (a) Subject to these Terms and the up-to-date payment of the Subscription Fee, you will have access to the Application and Services on a limited, non-exclusive, non-transferable, non-sublicensable, revocable basis solely for the purpose of:

   (i) receiving the Services; and

   (ii) at all times, lawful and own personal non-commercial use of the Application, 

(Purpose).

(b) You warrant to us that you will only use the Application for the Purpose and in accordance with these Terms.

(c) We reserve the right to add, remove or update features or functions of the Application without notice to you. When we make any such changes to the Application, or when a new version is released by us, you may be required to update the Application on your device, or this may occur automatically. This may require your review and acceptance of our Terms, in the form current at that time, before you will be permitted to continue use of or access to the updated or new version of the Application. If you do not accept any updates or new versions released by the Application, you acknowledge that we may not continue to support previous versions of the Application and any previous version may cease to be available, used or accessed.

(d) You must not:

(i) reproduce or modify all or any part of the Application;

(ii) misuse the Application or a Service (including you must not copy any videos, share your log in details, hack the Application, upload a virus, malware or similar, or engaging in cyber-bullying);

(iii) use, disseminate or reproduce any of the materials on the Application for commercial purposes without obtaining a licence from us to do so;

(iv) disassemble, decompile, modify or reverse engineer any part of the Application nor merge it with any other software; or 

(v) directly or indirectly permit any third party to do any of the above.

(e) In accessing the Application, you must comply with all applicable user conduct policies or any other relevant policies relating to the Application notified by us to you from time to time by publication on the Application, email or other reasonable means. It is your responsibility to check the Application regularly to keep up to date with any such applicable policies.

(f) Unless otherwise stated and except to the extent owned by third parties or their licensors, the copyright and other intellectual property rights in the Application and in material published on it (including without limitation photographs and graphical images) are owned by us or our licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Terms, any use of extracts from the Application other than as expressly stated is prohibited.

(g) The Application may not be used with, and no part of the Application may be reproduced or stored in, any other platform or application or included in any public or private electronic retrieval system or service, without our prior written permission.

(h) Any rights not expressly granted in these Terms are reserved.

6. Service Access

   (a) While we try to ensure the Application is available 24 hours a day, we cannot guarantee the availability of the Application, and we will not be liable to you if the Application is unavailable or otherwise not fully or properly functioning at any time or for any period.

   (b) Access to the Application may be suspended temporarily at any time and without notice for maintenance purposes.

   (c) The transmission of information via the Application is not always completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted to the Application; any transmission is at your own risk.

7. Links to and from other platforms 

   (a) We may provide links to third party platforms or websites. Such links are provided solely for your convenience. If you use these links, you leave the Application. We have not reviewed and do not control any of these third-party platforms or websites, and we are not responsible for these platforms or websites or their content or availability. We do not endorse or make any representation about these platforms or websites, their content, or the results from using such platforms or websites. If you decide to access any of the third-party platforms or websites linked to the Services, you do so entirely at your own risk.

   (b) You may link to the Services, provided that:

   (i) you do so in a fair and legal way which does not damage or take advantage of our reputation;

   (ii) you do not establish a link from an application, platform, website or other medium that is not owned by you or in a way that suggests a form of association with or endorsement by us where none exists;

   (iii) any Services from which you link must comply with the content standards set out in these Terms;

   (iv) we have the right to withdraw linking permission at any time and for any reason.

   (c) From time to time we will provide links to products which are paid promotions or we otherwise will receive a benefit or commission. When we do so, we will identify them appropriately.

8. Intellectual Property

   (a) The Application and the Services, including, without limitation, all content, materials, design, text, images, video, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (our IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use our IP without our express prior written consent.

   
   

   (b) You represent and warrant to us that, with regard to Uploaded Content:

   (i) you own or have the necessary licences, rights, consents and permissions to use, and you irrevocably authorize us to use the Uploaded Content and all patents, trademarks, trade secrets, copyright and other proprietary rights in and to any and all of the Uploaded Content to enable their inclusion and use in the manner contemplated by us and these Terms; and

   (ii) you have the written consent, release and/or permission of each and every identifiable person in the Uploaded Content to use their name or likeness to enable inclusion and use of the Uploaded Content in the manner contemplated by us and these Terms.

   
   

   (c) You agree not to upload, publish, or otherwise transmit any content that is discriminatory, harassing, offensive, threatening, or harmful to any individual or group based on their race, ethnicity, gender, sexual orientation, religion, disability, or similar. You acknowledge that any violation of this clause may result in immediate termination of your account or access to the Application or Service, and may also be subject to legal consequences as applicable under the relevant laws and regulations. You agree that the Uploaded Content will not:

   (i) include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights or obligations of confidentiality, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these Terms;

   (ii) publish inaccuracies, falsehoods or misrepresentations that are defamatory or could damage us or any third party;

   (iii) include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate;

   (iv) post advertisements or solicitations of business; or 

   (v) contain any material or content with a virus, worm, trojan, malware, ransomware or any other defect or error which may affect our Application, Service, software or systems.

   
   

   (d) We also reserve the right, for any reason, to remove or not publish any or all of Uploaded Content and to remove content posted by you without prior notice.

   
   

   (e) You understand and acknowledge that, when you provide Uploaded Content or submit content in any form to us, we may authorise such content to be distributed or published on other environments that we own or operate (e.g. our social media accounts) or the web platforms of any of our third party affiliates. 

   
   

   (f) You indemnify us, and will keep us indemnified, against any breach of this clause 8 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.

   
   

   (g) You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of the Services infringes your copyright, please contact us by email at alimbamovement@gmail.com. 

   
   

   (h) We acknowledge that all personal information provided by you remains your property.

9. Medical disclaimers

   (a) To take part in the Services, you must be in good physical health. You must not use the Service if you have been told not to engage in physical activity or sport on health or medical grounds.

   (b) The Services include information, instructions, products and services relating to diet, exercise and fitness. You acknowledge and agree that the disclaimers in this clause 9 apply to all such information, instructions, products and services.

   (c) Before participating in any of our Services that may be described and/or made accessible in or through the Services, we strongly recommend that you, and you agree that it is your responsibility to, consult with a medical practitioner or other healthcare provider. Alimba Movement, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions of any kind, or in determining the effect of any specific exercise or diet on a medical condition.

   (d) The Application and the Services are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Services.

   (e) On an ongoing basis, you are responsible for making your own inquiries and seeking independent advice from an appropriately qualified healthcare professional before acting on any information or material made available to you through the Application and Service. The information provided in our Service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified healthcare professional.

   (f) Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however we give no guarantee or assurance whatsoever that the information or content that are part of the Services is the most recent on any particular subject.

   (g) You should never disregard medical advice or delay seeking it because of our Service. The Application and the Service should not be used in lieu of advice given by qualified medical professionals, such as your doctor or registered dietitian. It is important that the Services are used only in conjunction with qualified medical guidance. You are encouraged to, and you agree it is your responsibility to, consult with your health care provider with any questions or concerns you may have regarding any health condition before commencing your use of our Application and Services in order to determine whether the Services are appropriate for you.

   (h) We take reasonable precautions to ensure that the Services are safe. However, you acknowledge and agree that, when participating in our Services or any fitness programs or products we offer, there is the possibility of physical injury and death. Given the disclosures and disclaimers by us, you assume the risk and responsibility for any such results or outcomes.

   (i) If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise or fitness routine, you must immediately cease the activity and seek the assistance of a physician.

   (j) Our Services are to be used by you in your own space, at your own time and with your own equipment. You are responsible for your own safety when using the Services. You must ensure the space you use is suitable (e.g. a flat surface, clear of obstacles and sufficient room for undertaking our fitness programs) and your equipment is appropriate (e.g. in good condition and not too heavy). We cannot be held liable for any injuries caused by your failure to use our Services in a reasonable and safe manner.

   
   

   10. General disclaimers

   (a) We may make changes to the material on the Application or the Service at any time without notice.

   (b) We do not represent or warrant that the Application, Service or any other material accessible from the Application is free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.

   (c) We provide you with access to the Application and Service on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms in relation to the Application and Service (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply to the Application or Service, or be otherwise implied or incorporated into these Terms, by statute, common law or otherwise).

   (d) We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Services and third parties (e.g. bloggers) are theirs alone, not opinions of us. Content created by third parties is the sole responsibility of the third party and we do not endorse, warrant or guarantee its accuracy and/or completeness.

   
   

   11. Liability

   (a) Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms.

   (b) Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Service or the Application (including the use, inability to use or the results of use of the Service or the Application) or resulting from any violation by you of these Terms or any breach by you of your responsibilities, representations and warranties.

   (c) You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of your use of the Application, including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.

   (d) You agree to indemnify and hold us and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on the indemnity basis, made by any third party due to or arising out of or in connection with your breach of these Terms, your use of the Service or Application or the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.

   
   

   12. Waiver

   (a) Each time you participate in an exercise via our Application or Service, you are confirming that: 

   (i) to the best of your knowledge you are physically able to do so;

   (ii) you are not carrying an injury and if you feel any physical discomfort then you will end your participation at that point;

   (iii) you understand that exercising in a suitable environment is your responsibility and the area you are using is free from obstruction and other persons and the surfaces are appropriate;

   (iv) any equipment you are using to aid your participation is suitable, fit for purpose and is in a good condition;

   (v) you consent to our training sessions (including those we carry out in a live environment) being recorded and kept for a minimum of 3 months. However if the instructor becomes aware of an incident occurring which could lead to or is deemed likely to lead to a claim, then we may retain the footage and any associated footage for two or more years and will have the right to disclose such footage to its insurers as required.

   (b) By agreeing to participate with our Application, Service or any fitness program we provide you agree that:

   (i) the activities involved are dangerous and can result in injury;

   (ii) you accept the risks involved and are responsible for your own actions and/or involvement;

   (iii) you are under no obligation to participate or complete the activities if you have concerns about your ability to do so;

   (iv) if anything is unclear to you regarding any fitness program or briefing then you will raise your concerns with a member of the Alimba team who is conducting the briefing; and

   (v) to the best of your knowledge, you are physically able to participate in the fitness programs and any other advertised activities and know of no reason as to why you should not.

   
   

   13. Ending access and removing content

   (a) We reserve the right to, without notice and for any reason deemed appropriate by us:

   (i) terminate your access to the Application or the Services;

   (ii) remove any information or other content from the Application or the Services;

   (iii) prevent access to the Application or the Services by you or any other user or group of users; or

   (iv) intercept, remove or alter any content stored on the Application.

   
   

   (b) Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under these Terms. The provisions of these Terms dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.

   
   

   14. Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Application or using the Service via the Application, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting updates and notices on the Application. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Gift Vouchers 

(a) Unless we have provided a gift voucher at a genuine discount or for a limited promotion (e.g. where we do a limited period free join up offer), gift vouchers that have been paid for in cash are valid for a period of 36 months from date of purchase, and vouchers must be redeemed within this period. 

(b) Gift vouchers are single use only and can only be used on the conditions the voucher was issued.

(c) Redemption of gift vouchers must be made online via the Application at alimbamovement.com. 

(d) The voucher number must be entered in the gift voucher field on the payment page along with payment details at the time of redemption.

(e) Gift vouchers may not be redeemed for cash. No credit or change will be given on the unused portion of the gift voucher. Refunds are not available on gift vouchers. 

(f) Gift vouchers are not replaceable if lost, stolen or destroyed (or the code is lost, stolen or destroyed), photocopied or altered in any way and will not be accepted by us or be otherwise redeemable.

(g) Gift vouchers are only redeemable for the purchased subscription length.

(h) Gift vouchers are valid for new users, expired users, or existing users. Gift vouchers will override your expiration date, so we recommend waiting until the end of your current subscription period before redeeming your Gift voucher.

(i) Gift vouchers are only redeemable via our website for users who created their accounts via our website.

16. General

(a) Any provision of these Terms which is capable of taking effect after termination of the agreement between you and us continues in full force and effect and will survive the expiry or termination of these Terms.

(b) We may collect and use technical and related information which is periodically gathered by us to facilitate the provision of the Application and the Services and any updates or upgrades of our software. All such information is gathered in accordance with our Privacy Policy.

(c) These Terms constitute the entire agreement between the parties relating to the subject matter of this agreement and supersede all prior communications and agreements between the parties as to its subject matter, and each party agrees that unless expressly stated in these Terms, that party has not relied on any representation, warranty or undertaking of any kind (oral or written) in relation to the subject matter of these Terms.

(d) We may use information and usage data for research, quality control and development purposes, such information will be in a strictly de-identified manner.

(e) Any delay or forbearance by either party in enforcing any provisions of these Terms or any of its rights hereunder will not be construed as a waiver of such provision or right to subsequently enforce the same. A waiver is only binding on us to the extent it is given in writing and executed by a director of Alimba Movement.

(f) If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

(g) These Terms and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

(h) Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of your or our rights or remedies.

(i) You may not transfer any of your rights or obligations under these Terms without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.

(j) The headings in these Terms are included for convenience only and shall not affect their interpretation.

(k) To the full extent permitted at law:

(i) These Terms, your use of a Service, and all matters between you and us shall be governed by and construed in accordance with the law of the State of Victoria, Australia; and

(ii) all disputes and claims arising in connection with these Terms (including non-contractual disputes or claims), your use of a Service, and all matters between you and us, shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.