MaleMomentum – Terms of Service

Effective from 25/09/2024. Updated on 25/09/2024.

These terms and conditions (Terms) govern your use of and access to the https://www.malemomentum.com website (Website), the MaleMomentum Community (including the MaleMomentum Discord server and all any other products or services that we provide or make available to you, including (without limitation) through the Website and MaleMomentum Community (together, Our Services).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICES.

By ticking the box which contains the following or similar words, “I acknowledge that I have read and agree to be bound by MaleMomentum’s Terms of Service and Privacy Policy, and by purchasing a MaleMomentum subscription, I am also agreeing to be bound by the AOC Terms for any included AOC products or services” or by using or accessing the Website or MaleMomentum Community, or purchasing or using Our Services, or otherwise purchasing products through us, you agree to be bound by these Terms, which constitute a contract between you and MaleMomentum Pty Ltd ACN 679 160 215 (MaleMomentum, us, our and/or we). If you do not agree to all of the provisions contained in these Terms, do not use Our Services.

We reserve the right to revise and update these Terms from time to time in accordance with clause 9. If these Terms are updated, we will give you notice in accordance with clause 1.3. We encourage you to read any updated Terms carefully. By continuing to use Our Services after the date set out in clause 9.1, you agree to be bound by any revised Terms as set out in that clause.

You must be at least 18 years old to use Our Services. If you are under 18 years old, you must not create an account, access or use the Website, MaleMomentum Community or the AOC App.

By agreeing to these Terms, you also agree to be bound by our Privacy Policy, which is available at https://www.malemomentum.com/privacy.

Information and Disclaimer regarding the AOC App and AOC’s terms and conditions

The MaleMomentum subscription includes access to the AOC App and Website (as defined below).

The AOC App and Website are operated by Affordable Online Coaching Pty Ltd ACN 621 129 511 (AOC). You agree and acknowledge that your use of the AOC App and Website and any other products or services offered by AOC is subject to AOC’s terms and conditions, including without limitation AOC’s Website and Services Terms, Subscription, Membership and Paid Services Terms and Conditions and Terms and Conditions for Coupons and Vouchers, which can be accessed at https://www.jamessmithacademy.com/terms/ and may be amended, replaced or substituted by AOC from time to time.

To the maximum extent permitted by law, MaleMomentum accepts no responsibility or liability for the AOC App and Website, or any other products and services offered by AOC.

Disclaimer regarding MaleMomentum Community content

The MaleMomentum Community is a space for users to connect with each other and engage in discussions about men’s health, fitness and personal development.

MaleMomentum may from time to time, via the MaleMomentum official account, publish content or make it available for purchase (MM Official Content). Except for MM Official Content, MaleMomentum does not create or produce, and does not accept responsibility for any content made available through the MaleMomentum Community that is created by users, members and/or any third parties.

From time to time, MaleMomentum may invite health professionals, coaches or other persons to the MaleMomentum Community to speak to, engage or participate in discussions with members and users about certain topics relating to men’s health and personal development, including without limitation, testosterone replacement therapy.

MaleMomentum may from time to time invite health professionals, coaches or other persons to participate in the MaleMomentum Community. Except where we expressly represent otherwise and except for any MM Official Content, MaleMomentum does not endorse, and makes no representation as to the quality, accuracy or suitability of any statement or content that they make.You should make your own assessment as to the quality, reliability, accuracy or suitability of any such statement or content.

By using and accessing the MaleMomentum Community, you agree and acknowledge that:

Except where we expressly state otherwise, MaleMomentum does not endorse or approve or otherwise make any representation whatsoever as to the skills, qualifications, suitability or quality of any health professional, coach, or other persons invited to participate in the MaleMomentum Community or the services or content offered, created, posted or uploaded by any of those persons;
MaleMomentum does not endorse, approve or otherwise make any representation that any services or content offered, created, posted or uploaded by any user, member or persons (including without limitation health professionals, coaches or other persons) in the MaleMomentum Community are suitable for any specific purpose, or are suitable for any particular user, member or person;
any coaching, personal training or other services you receive through the AOC App (including AOC’s website) is between you and AOC;
MaleMomentum is not a party to any engagement that may be entered into between a user, member or person and any health professional, coach, third parties or other persons invited by MaleMomentum to speak to, engage or participate in discussions in the MaleMomentum Community.

By using and accessing the MaleMomentum Community, you agree to the limitations of liability, warranties and indemnities, and disclaimer set out in clauses 7, 8, 14 and 15 of the Terms.

GENERAL
1. Definitions: In these Terms,
  Affiliates means MaleMomentum Pty Ltd ACN 679 160 215 and any subsidiary, holding company or other related body corporate (within the meaning of the Corporations Act 2001 (Cth)) of MaleMomentum Pty Ltd, which includes Affordable Online Coaching Pty Ltd.
  AOC App means the Affordable Online Coaching app available on the Apple App Store, Google Play Store or other third party app store.
  AOC App and Website means the Affordable Online Coaching app and the Affordable Online Coaching website (https://www.jamessmithacademy.com/).
  AOC Products and Services has the meaning given in clause 2.5.
  AOC User Account means an account with Affordable Online Coaching.
  AOC Terms means the terms and conditions of AOC, including without limitation AOC’s Website and Services Terms, Subscription, Membership and Paid Services Terms and Conditions and Terms and Conditions for Coupons and Vouchers, which is available at https://www.jamessmithacademy.com/terms/ and may be amended, replaced or substituted by AOC from time to time.
  Claim means in respect of any person, any claim, action or proceeding, judgment, damage, loss, cost, demand, suit or proceeding for damages, debt, restitution, equitable compensation, account, injunction, specific performance, expense or liability incurred by or to or made or recovered by or against the person, however arising and whether present, unascertained, immediate, future or contingent.
  content includes information, software, photographic material, video, text, graphics, music, sounds, comments, messages, feedback, and all other content of any kind.
  Login Details has the meaning given in clause 3.2.b).
  MaleMomentum Community means the Discord server operated by MaleMomentum or any other digital platform operated by MaleMomentum from time to time.
  Membership means a membership or subscription to use any paid services, including without limitation any weekly, monthly, quarterly or annual subscription or membership plan and/or subscription or membership block (being a non-recurring and one-off time limited subscription or membership plan).
  Membership Access means access to the Membership Only Areas as set out in clause 2.1 of these Terms.
  Membership Content means the content in the Membership Only Areas as set out in clause 2.3 of these Terms.
  Membership Only Areas means the subscription and/or membership only areas of the MaleMomentum Community, Website and AOC App and Website.
  Our Services means all services made available to you through the Website, MaleMomentum Community.
  Prohibited Act has the meaning given in clause 3.3.
  Protected Content has the meaning given in clause 6.1.
  Uploaded Content has the meaning given in clause 6.3.a.iv).
  User Account has the meaning given in clause 3.1.
  User Account Details has the meaning given in clause 3.2.a).
  Third Party Content has the meaning given in clause 7.1.e).
  Website means https://www.malemomentum.com/ and all sites or pages hosted at or through https://www.malemomentum.com/.
2. Interpretation: Unless otherwise stated in these Terms:- (a) words importing the singular include the plural and vice versa; and any gender includes the other gender; (b) if a word or phrase is defined, cognate words and phrases have corresponding definitions; (c) a reference to a person or a party includes that person’s or party’s legal personal representative, executors, administrators, successors and permitted assigns; (d) a right includes a benefit, remedy, discretion, authority or power; (e) an obligation includes a warranty or representation and a reference to a failure to observe or perform an obligation includes a breach of warranty or representation; (f) where there are two or more persons bound or to be bound by any agreement or obligation, such agreement or obligation binds each of those persons severally and any two or more of them jointly; (g) a reference to a document or agreement, including these Terms, includes a reference to that document or agreement as novated, altered or replaced from time to time; (h) a reference to any thing includes the whole or part of that thing and a reference to a group of things or persons includes each thing or person in that group; and (i) no rule of construction applies to the disadvantage of a party because that party was responsible for the preparation of these Terms.
3. Notices: We will give notice and provide communications to you by email, by posting on the Website, or other reasonable electronic means. Any such notices will be deemed to have been received by you at the time of sending or posting, regardless of whether or not you have actually read the notice. You must give notice to us in writing via email to support@malemomentum.com or as otherwise expressly provided. Please report any violations of these Terms to support@malemomentum.com
4. Electronic communications: You consent to receiving communications from us in electronic form, and agree that, to the fullest extent permitted by law, all terms and conditions, agreements, notices, documents, disclosures, and other communications that we send or provide to you electronically satisfy any legal requirement for a document or notice in writing.
5. No third party beneficiaries: You understand and agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
6. Governing law and jurisdiction: You agree that the Terms and any contractual relationship between you and MaleMomentum, are to be governed by the laws of the State of New South Wales, Australia. The parties agree to the non-exclusive jurisdiction of the courts of New South Wales, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts. For avoidance of doubt, this clause does not limit the application of any laws of another jurisdiction to the extent that they cannot be limited or excluded.
7. Assignment: Neither party may assign their rights or obligations under the Terms without the other party’s prior written consent. Nothing in this clause is intended to prevent us from assigning our rights or benefit for the purposes of debt collection.
8. Delay and waiver: Any delay or failure by MaleMomentum to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set out in writing, signed by us, nor will any such waiver of any breach or default constitute a waiver of any subsequent or similar breach or default.
9. Severability: If for any reason a provision of these Terms is, or is held to be, unenforceable (whether in whole or in part), that provision is to be read down to the minimum extent necessary so as to give full effect to the intent of the parties, and the remainder of these Terms will continue in full force and effect.
10. Survival: All provisions that by their nature survive expiration or termination of these Terms shall so survive, including without limitation, clauses 6, 7, 8, 14 and15 of the Terms, all other limitations on liability explicitly set out in these Terms and our proprietary rights in and to the MaleMomentum Community, Website, content provided by us, and Our Services.
MEMBERSHIPS
1. When you enter into a Membership (including any membership or subscription plans and/or blocks) with us, you will be granted access to the applicable Membership Only Areas of the MaleMomentum Community, Website and AOC App and Website (Membership Access) for the term of your Membership, subject to the terms of your Membership and these Terms.
2. Your Membership will continue until terminated in accordance with these Terms. You may terminate a weekly, monthly, quarterly, annual or block subscription (where applicable) or membership any time through your User Account. To learn how to terminate your subscription or membership, please contact us on support@malemomentum.com. Any such termination will take effect at the end of the current subscription or membership period as specified on the Website and/or AOC App and Website (as applicable).
3. Your Membership Access constitutes a non-exclusive, non-transferable, limited right to access, use and display on your personal devices the content published in the Membership Only Areas, including access to the MaleMomentum Community and its content and access to the AOC App and Website and its content (Membership Content) during the term of the Membership. Upon termination of your Membership, you will no longer have access to any applicable Membership Content, including without limitation access to the MaleMomentum Community (through Discord). If as a result of the cessation of access, you are unable to use the remaining pre-paid period of a service or subscription, you may be entitled to a pro rata refund as set out in clause 3.5.
4. The Membership Content is for your personal, non-commercial use only. You may not assign, transfer or sublicense any of these rights or publish, share, any Membership Content to any other person or third party or modify any Membership Content, or attempt to do any of these things. If you fail to comply with the restrictions in this clause 2.4, we may revoke your Membership Access and/or suspend, cancel or terminate your Membership and/or User Account without prior notice to you. If your Membership Access or Membership has been revoked and/or you are unable to use or access your Membership as a result of any suspension, cancellation or termination by us you may be entitled to a refund as set out in clause 5.
5. AOC App and Website and other AOC products and services: If you have purchased a subscription from us that includes access to the AOC App and Website or other products or services offered by AOC (AOC Products and Services), those products or services are subject to the AOC Terms. You agree and acknowledge that:
  1. the AOC Products and Services are provided by AOC;
  2. your use of any AOC Products and Services is subject to the AOC Terms available at (https://www.jamessmithacademy.com/terms/), and:
    1. the AOC Terms constitute a binding contract between you and AOC in respect of any AOC Products and Services that you use (including your use of the AOC App and Website);
    2. for the purposes of the AOC Terms, the AOC Products and Services constitute “Paid Services”, and you agree to comply with both the “Member Terms” and “General Terms” set out in the AOC Terms;
    3. any breach by you of the AOC Terms will also constitute a breach of these Terms;
  3. MaleMomentum does not itself provide coaching or personal training services or engage coaches to provide coaching services. Any coaching, personal training or other services provided under the AOC Products and Services are provided solely by AOC;
  4. MaleMomentum makes no representation, gives no warranty as to, and does not accept responsibility for, any content published by AOC or third party providers, including (without limitation) content published on or made available through the AOC App and Website;
  5. subject to any rights you have under the Australian Consumer Law or any express right to a refund under these Terms, if you decide to cancel or cease using any AOC Products and Services, you will not be entitled to any refund in respect of the cancellation.
  6. if for any reason your Membership or subscription with us is cancelled, you will also lose access to any included AOC Products and Services, unless you have a separate subscription with AOC;
  7. any coaching services, personal training or coaching, training and fitness information provided by AOC and content made available on the AOC App and Website are not intended to constitute medical, health, nutritional or physiotherapy advice, or other specialised advice and are not a substitute for professional advice, diagnosis or treatment of any disease or condition. Neither we, nor AOC, represent that any nutritional, fitness and/or training program provided by AOC through the AOC App and Website (including through AOC’s coaches) is suitable for your personal circumstances, including any medical condition, allergies, physiological or other needs or will provided any specific result. You should consult your physician or other healthcare professional before starting any nutrition, fitness, health and/or hormone therapy program to determine if it is appropriate for you.
  8. without limiting anything in clause 2.5.g, persons subject to a medical or health condition, pregnant women or who suffer from a disability or impairment are strongly urged to seek professional medical advice prior to commencing any form of exercise, training, nutritional or hormone therapy program.
6. Our Memberships and AOC Products or Services are not intended for persons under 18 years of age. If you are under 18 years old, you must not use or access the MaleMomentum Community, Website, AOC App and Website, or Our Services (including any paid services).
7. By continuing to use the Membership after the date that your Membership is renewed, you agree to its renewal. If your Membership or subscription is for an automatically renewing term of 3 or more months (per renewal), you may let us know within 14 days after each automatic renewal if you change your mind and do not wish to renew. In that case, we will cancel the renewal and refund any Membership or subscription fee that you have been charged for renewed period. You may request a cancellation of an automatic renewal by emailing us at support@malemomentum.com within 14 days of the automatic renewal date.
USER ACCOUNT, ACCESS TO, AND USE OF WEBSITE, MALEMOMENTUM COMMUNITY, AOC APP AND WEBSITE AND OUR SERVICES
1. In order to access the MaleMomentum Community or Our Services, you must create a user account with MaleMomentum (User Account). To access the AOC App and Website and AOC’s services, you must create an AOC User Account as set out in the AOC Terms which can be accessed at https://www.jamessmithacademy.com/terms/. You agree and acknowledge to be bound by the AOC Terms (including AOC’s Paid Services Terms and Conditions) when you create an AOC User Account and/or by using the AOC App and Website.
2. In accessing the MaleMomentum Community or Our Services, you warrant and agree that:
  1. any information you provide as part of your user account, including (without limitation) your name, address and other identifying information is accurate, current and complete (User Account Details);
  2. you will keep confidential and not provide to any person any login details, including (without limitation) any username, password, and/or password hint(s) chosen by you or assigned to you (Login Details), and any other access or login mechanism (Access Mechanism);
  3. you will not allow any other person to use your Login Details to access the Website, MaleMomentum Community, AOC App and Website, your User Account or Our Services;
  4. we may rely on your User Account Details being accurate, complete and current unless and until you notify us that your User Account Details are no longer accurate, complete or current (as the case may be);
  5. you are solely responsible for all the activities that occur under your User Account engaged in by:
    1. you; or
    2. anyone that you allow to use your User Account, or that you give your Login Details to (whether or not contrary to these Terms); or
    3. anyone who gains access to your User Account through you or because of your negligence.
    We are entitled treat any of use of your User Account as use by you unless: (a) you have previously notified us that your User Account Details and/or Login Details have been compromised; (b) we are (or reasonably ought to be) aware that your User Account is likely to have been compromised without your knowledge or consent; (c) the use was with our prior knowledge, authorisation or consent; or (d) the use was caused by our negligence and was unauthorised by you (but only to the extent caused by our negligence).
  6. you will comply with all reasonable conditions, usage restrictions or other requirements in respect of the Login Details (including any directions to use or stop using, temporarily or indefinitely, the Login Details) as notified or disclosed to you by us or any of our Affiliates or authorised representatives from time to time;
  7. you will immediately cease using any Login Details or Access Mechanism if we or any of our Affiliates or authorised representatives notify you (on reasonable grounds) or, if you become aware, that your permission to use those Login Details or Access Mechanism has been withdrawn or expires;
  8. you will immediately notify us if you become aware or suspect that the security of the Login Details or Access Mechanism has been compromised for any reason, or if you suspect someone else has used or is using your Login Details;
  9. you must keep your User Account Details up to date during so long as your User Account remains active; and
  10. you have no proprietary interest of any kind in your User Account, Login Details or any Access Mechanism.
3. Prohibited Acts: You must not use the Website, MaleMomentum Community, AOC App and Website, Our Services or your User Account (and you must not allow your User Account to be used) to do any of the following (each a Prohibited Act):
  1. post offensive, defamatory, harmful, insulting, intimidating, menacing, harassing, discriminatory, unlawful, illegal, inappropriate, false or misleading, content of any kind;
  2. post content of any kind that poses, or may pose, a risk to any person;
  3. threaten, harass, humiliate or ridicule any person, or otherwise engage in unlawful conduct;
  4. post or disseminate material of which you are not the lawful owner or without the lawful owner’s permission, or breaches any obligation of confidentiality;
  5. post personal information about a person without their prior consent or breach any privacy law;
  6. misuse personal or sensitive information (including but not limited to another person’s username, or contact details or health information) obtained through the MaleMomentum Community, Website, AOC App and Website or Our Services to send unlawful, unsolicited or unwanted communications to any person, or for any purpose other than the legitimate purpose for which that information was provided, without the person’s prior express consent;
  7. infringe another person’s copyright, trademark or any other intellectual property right;
  8. access another person’s User Account or Login Details;
  9. knowingly transmit or use any virus, worm, trojan, or other malicious or unauthorised code or disabling feature to or via the Website, MaleMomentum Community, AOC App and Website or Our Services;
  10. interfere with or disrupt the proper and intended operation of the Website, MaleMomentum Community, AOC App and Website or Our Services, or use any means of automatically searching or mining data from the Website;
  11. reproduce, duplicate, copy, sell, resell or exploit any portion of the MaleMomentum Community, Website, AOC App and Website and/or Our Services, or otherwise use or access the MaleMomentum Community, Website, AOC App and Website and/or Our Services, for any purposes other than for which they are provided, without our express prior written consent (which we may give or withhold in our sole and absolute discretion); or
  12. attempt to do, facilitate, encourage or assist another person to do, any Prohibited Act.
4. Suspension or termination of your User Account and Our Services: Your access to the MaleMomentum Community or Our Services and your User Account may be revoked, suspended or terminated at any time:
  1. without prior notice to you if, or if we reasonably suspect that (where applicable):
    1. you notify us that you wish to terminate or suspend your User Account, for the purpose of carrying out that request;
    2. you do not have a valid Membership with us after a period of more than 12 consecutive months, we may terminate or otherwise delete your User Account (including, without limitation, your User Account Details and Login Details);
    3. we suspect that your User Account Details or Login Details are out of date or inaccurate or that your User Account, Login Details or the Access Mechanism have been compromised;
    4. we believe that you have engaged in, are engaging in, or are likely or intend to engage in a Prohibited Act, or your User Account has been, is being, or is likely to be, used to engage in a Prohibited Act;
    5. you have materially breached these Terms and have failed to remedy the breach within 7 days of us notifying you of the breach, or if the breach is incapable of remedy;
    6. you have committed any breach of clause 3.1, 3.2, 3.3, 6.3.d) of these Terms;
    7. you are not within a geographical area to which the Memberships are available as set out in clause 4.1 of these Terms;
    8. a person other than you is using your Membership, or your User Account;
    9. you commit any breach of clause 5 of these Terms or if we are unable to process a payment for any Membership or any other amount payable by you to us under these Terms;
    10. we consider it is necessary in order to comply with any law or to protect the safety of any person;
    11. your AOC User Account has been suspended or terminated by AOC; or
  2. after giving you reasonable notice (except in urgent circumstances, in which case we are not required to give prior notice), to the extent that it is reasonably necessary for us to carry out any maintenance, updates, security measures or business operations.
5. Effect of suspension or termination of your User Account and Our Services and included AOC Products and Services: If your User Account is disabled, suspended or terminated, you will no longer have access to any content (including products or services offered by AOC through the AOC App and Website that you have purchased through us) provided as part of any membership or subscription you have purchased. Suspension or termination of your User Account, Login Details and/or any Access Mechanism will in no way modify, change or void any payment obligations you have incurred through your use of and access to the MaleMomentum Community, AOC App and Website, our Website and/or any of Our Services, whether such obligation is to MaleMomentum (or our Affiliates) or a third party, provided that where the suspension or termination was not a result of your breach of these Terms or any other agreement between you or us or because of any other wrongful act by you, we will refund on a pro rata basis any amounts that you have paid us for any products and services that you are unable to use for the period of the suspension or following the termination (including any products or services offered by AOC through the AOC App and Website included in your MaleMomentum subscription). In the case of any unavailability or cancellation of a particular product or service (such as the AOC Products and Services) charged under a single subscription price, we may reasonably determine the amount of any pro rata refund for the unavailable / cancelled product(s) or service(s).
6. If your Membership is terminated by us under clause 3.4 or otherwise, you will, to the maximum extent permitted by law:
  1. not be entitled to receive any refund (subject to any statutory rights you may have, including under the Australian Consumer Law, or any express right to a refund under these Terms) for services or products received up to and including the date of termination;
  2. (where applicable) remain liable to pay any subscription fees or charges for the remaining term of the Membership for any services that have not been cancelled or terminated;
  3. in addition to any rights we may have under the general law, including for breach of contract, you must compensate us for any reasonably foreseeable loss we suffer as a result of the early termination or cancellation of your Membership;
  4. we will refund to you on a pro rata basis any amount that you have pre-paid for a Membership for the remaining period of that Membership, less any loss that we have suffered and any costs (including legal costs) that we have reasonably incurred as a result of your breach or the early termination or cancellation of your Membership.
7. Subject to clause 3.6, you agree that we will not be liable to you or any other party for any Claim arising out of any:
  1. disabling, suspension or termination of your access to the MaleMomentum Community, AOC App and Website, Website and/or Our Services, or deletion of your User Account or your content; or
  2. modification or discontinuance of the MaleMomentum Community, AOC App and Website, Website and/or Our Services,
  that occurs in accordance with these Terms, except to the extent specifically set out in these Terms or to the extent that liability cannot be lawfully excluded or limited.
8. Cancellation of Our Services: You may terminate or cancel your Membership via our Website or by sending us an email at support@malemomentum.com:
  1. if we materially breach these Terms and fail to remedy the breach within 7 days of you notifying us of the breach (or if the breach is incapable of remedy), in which case the termination takes effect immediately;
  2. if AOC ceases to offer the AOC Products and Services included with your MaleMomentum subscription or amends the AOC Terms, in which case the termination takes effect immediately, provided that you give such notice within 14 days of being notified of the change or prior to the next renewal of your Membership (whichever is later);
  3. if AOC materially breaches the AOC Terms and fails to remedy the breach within 7 days of you notifying AOC of the breach (or if the breach is incapable of remedy), in which case the termination takes effect immediately;
  4. without cause, any time prior to the expiry of the current term of your Membership, in which case the termination will take effect from the expiry of the current term. You will retain access to any Membership Content from the time you cancel until the start of the next billing period and, unless otherwise expressly indicated these Terms, you will not receive a refund or credit for any remaining days in your current billing period.
  For avoidance of doubt, if your Membership with MaleMomentum is terminated or cancelled in accordance with clauses 3.4 and 3.8, you may also lose access to any AOC Products or Services included with your Membership. You may choose to separately enter into a subscription or membership plan with AOC solely to access any content contained on the AOC App and Website.
9. Removal and moderation of content: We may remove from the Website, MaleMomentum Community and/or Our Services at any time, without notice, content of any kind (whether or not posted by you) which we consider offensive, defamatory, harmful, insulting, intimidating, menacing, harassing, discriminatory, unlawful, false or misleading or otherwise inappropriate or illegal, or otherwise for any reason in our sole and absolute discretion.
10. Your content, User Account Details and other material: Except to the extent required under privacy law, our Privacy Policy, or as expressly set out in these Terms, you agree that we have no obligation to store, retain or destroy your User Account, User Account Details or any other content uploaded or posted by you to, or through the Website, MaleMomentum Community, AOC App and Website or Our Services, whether your User Account is active or has been suspended, terminated or otherwise.
11. Device requirements: Access to the MaleMomentum Community, Website and/or Our Services, or the AOC App and Website, may require you to use a device that meets the system and compatibility requirements, which may change from time to time. It is your sole responsibility that you ensure that your device(s) are compatible with our Website, Discord and/or the AOC App and Website.
GENERAL AVAILABILITY OF SERVICES
1. The availability of our services, including (without limitation) the MaleMomentum Community, Website, AOC App and Website, Membership Content, Membership Only Areas, may be limited based on demographic, geographic, health or other criteria we (or, where applicable, AOC) from time to time determine. You agree and acknowledge that we may make unavailable any Membership Access and/or Membership Content or terminate your Membership, at any time based on these criteria. We may also withdraw any of Our Services from our offerings at any time without prior notice to you. In the event of such unavailability, termination and/or withdrawal, to the extent that it is applicable, we will refund any applicable fees and charges for the remaining term of your Membership subject to these Terms.
2. AOC Products and Services, including the AOC App and Website or other services provided by AOC may become unavailable due to circumstances beyond our control. Without limiting any rights or remedies you may be entitled to under the Australian Consumer Law (including consumer guarantees), we will not be liable for any such unavailability, but you may be entitled to a pro rata refund as set out in clause 3.5.
3. You agree and acknowledge that interruptions may occur to Our Services or AOC’s services, including (without limitation) the MaleMomentum Community, Website, AOC App and Website, Membership Content, Membership Only Areas from time to time, whether or not due to matters within our control. You agree that we are not responsible and have no liability for any temporary interruption to our services, whether or not due to matters within our control.
PRICING AND PAYMENT
1. No refund or exchange except as required by law or otherwise provided in these Terms: Subject to any statutory or other rights which cannot by law be excluded or limited, and except as otherwise expressly set out in these Terms, all fees and charges, including purchases for digital downloads and subscriptions from the Website and through the MaleMomemtum Community and the AOC App and Website, are non-refundable and non-exchangeable.
  
  For avoidance of doubt, if your purchase is covered by the consumer guarantees under the Australian Consumer Law, including but not limited to fitness for purpose or that our products and services will be of acceptable quality, nothing in this clause is intended to limit your rights under the consumer guarantees.
2. Pricing: By purchasing a Membership or other paid services, you agree to pay the price for that Membership or those paid services specified by us at the time of ordering (Price). We will charge your payment method for the Price for the relevant Membership and/or paid services along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations as set out in clause 5.4.
3. Changes in pricing: We may increase or vary the fees and charges for Memberships or paid services, or institute new fees or charges, at any time in our sole and absolute discretion by publishing them on the Website or by such other means we consider appropriate. Any increase in charges or fees, or new charges or fees, will take effect from the date of your next renewal or purchase of the Membership or paid services to which those charges or fees apply, provided that in the case of automatic renewal, we have given you 7 days’ written notice of the change.
4. Currency and GST: Pricing and currency may vary depending on the location from which our Memberships or paid services are purchased and may be subject to local taxes and charges. For customers in:
  1. For customers in Australia: Prices are in Australian dollars (AUD) and include GST.
  2. For customers in the United Kingdom: Prices are in British pounds (GBP) and include VAT.
5. Payment:
  1. You must have a valid, accepted payment method on file in order to purchase any Memberships or paid services.
  2. All payments to us are processed by a third party payment processing provider (Third Party Payment Service). By purchasing a Membership or other paid services, you agree to be bound by any terms and conditions of that Third Party Payment Service in addition to these Terms. The Third Party Payment Service or your bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the price of your Membership or other paid services unless otherwise specified. We accept no responsibility for your use of any Third Party Payment Service.
  3. Except in the case of recurring services (such as a weekly, monthly or annual subscription), payment must be made at the time of purchasing your Membership or other paid services. In the case of recurring services, you will be charged on a recurring basis at the commencement of each monthly (or other specified) period.
6. Keeping your information up to date: You agree that you are solely responsible for providing accurate payment details to the Third Party Payment Service and keeping your account and other information including your email address and payment details up to date so that we can process payment, complete your purchase(s), and contact you as needed in connection with your purchases or account.
7. Incidental charges and expenses: In addition to any fees or charges payable to us, you agree that you remain responsible for all charges, fees or expenses that you incur associated with signing up for, using and connecting to the Memberships and other paid services, including (without limitation) travel costs, telephone or internet access and charges, computer or other equipment.
8. Termination for incorrect or invalid payment details: If your payment is declined or fails for any reason, we may cancel your Membership or paid services immediately without prior notice to you.
CONTENT AND INTELLECTUAL PROPERTY
1. Limited licence to use content: Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access the MaleMomentum Community, Website and Our Services and the content available for your personal, non-commercial use, provided that you comply fully with these Terms (Protected Content). You acknowledge that nothing in these Terms or your use of and access to the MaleMomentum Community, Website, AOC App and Website or Our Services grants you:
  1. any proprietary interest or right to sublicense any of Protected Content or any content you obtain from the MaleMomentum Community, Website, AOC App and Website, Our Services or your use of them, including (without limitation) when it is downloaded to your computer or other device; or
  2. any right or licence to access or use any content other than through the MaleMomentum Community, AOC App and Website, Website or Our Services.
2. You acknowledge that the MaleMomentum Community, Website, AOC App and Website and Our Services contain content that is or may be protected by copyright, patents, trademarks or other intellectual property rights. You must not modify, publish, transmit, distribute, perform, purport to sell, create derivative works of, or in any way exploit, any Protected Content, whether in whole or in part, without our prior written consent.
3. Content posted or uploaded by you, or other users and third parties:
  1. When you access the MaleMomentum Community, Website and/or AOC App and Website, you may obtain access to content (including Protected Content), posted by other users, members or third parties. You agree and acknowledge that:
    1. MaleMomentum provides a community platform (made available through Discord or other digital platforms from time to time), that acts as a forum or venue for users to connect with each other and to discuss, share and publish content of its users, members, other persons or third parties and MaleMomentum does not verify that content;
    2. MaleMomentum makes no warranties or representations (either express or implied) whatsoever in relation to any content posted by other users, members, other persons or third parties, its accuracy, completeness, quality, currency, suitability or otherwise, and is not responsible for any such content; and
    3. MaleMomentum reserves the right to reject or modify any content, at its sole discretion.
    4. a perpetual, irrevocable, non-exclusive right and license, including the right to sublicense and consent to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, enter into commercial rental arrangements in respect of and display any content you post or upload to the MaleMomentum Community, Website, AOC App and Website or through using the MaleMomentum Community, Website, AOC App and Website or Our Services (Uploaded Content), whether in whole or in part and with or without the use of your name, worldwide and/or to incorporate the Uploaded Content in other works in any form, media, or technology now known or later developed, for the full term of any copyright, trademarks and other intellectual, personal and proprietary rights that may subsist in such content, for any purpose, whether commercial, advertising or otherwise;
    5. your irrevocable and unconditional consent to us, our Affiliates, or any person authorised by us or them, using, disclosing, reproducing, copying, adapting, publishing, performing, exhibiting, communicating or transmitting the Uploaded Content or any adaptation of it (or any part of it or of any such adaptation) anywhere in the world: (a) in whatever form and in whatever circumstances we think fit, including the making of any distortions, additions or alterations to the Uploaded Content or any adaptation of it (or any part of it or of such adaptation); and (b) without identifying you as the author or otherwise identifying you in respect of the Uploaded Content, in order to provide the MaleMomentum Community, Website and/or Our Services, or to give effect to the objective purpose for which the content was posted, uploaded or otherwise made available, or for reasonable marketing or promotional purposes.
  2. Nothing in this clause 6 allows us to publish, use or disseminate any Uploaded Content that contains your personal information (including any photos of yourself you have uploaded to the MaleMomentum Community, Website and/or AOC App and Website) without us first obtaining your consent to us doing so. For avoidance of doubt, you are solely responsible for all content (including any of your personal information) that you choose to publish, post, upload or make available to other users on the MaleMomentum Community, Website, AOC App and Website or Our Services.
  3. You hereby waive any moral rights you may have in any Uploaded Content that occurs in the ordinary provision of the MaleMomentum Community, Website. AOC App and Website and/or Our Services or that we reasonably use for marketing or promotional purposes.
  4. You warrant that:
    1. you are the owner of all copyright and all other intellectual property rights (if any) subsisting in any Uploaded Content, or are otherwise authorised to deal with the Uploaded Content and grant the rights and consents set out in this clause 6.3;
    2. your use of the Uploaded Content, and our use of the Uploaded Content, including (without limitation) the hosting of the Uploaded Content on the MaleMomentum Community, Website and/or AOC App and Website, will not infringe the copyright or other intellectual property rights of any person or entity;
    3. the depiction or identification of any person in any Uploaded Content is with that person’s prior consent, which has not been revoked; and
    4. you will not upload or post images of, or content about or relating to, any person under the age of 18.
4. Feedback, Reputation and Reviews: By using or accessing the MaleMomentum Community, Website, AOC App and Website or Our Services and posting feedback (including a review or any ratings) (User Feedback), you grant us an unrestricted, worldwide, royalty-free, sub-licensable licence to use, reproduce, publish, communicate to the public, modify, and adapt your User Feedback posted on the MaleMomentum Community, Website, AOC App and Website or any third party sites for the purpose of publishing that User Feedback on the MaleMomentum Community, Website, AOC App and Website or third party sites and as otherwise permitted by these Terms. In respect of User Feedback:
  1. You may use any User Feedback that is about you provided that you use it in a way that is not misleading or deceptive and is in accordance with our policies as posted on the MaleMomentum Community, Website and/or AOC App and Website from time to time.
  2. You agree and acknowledge that we and our Affiliates (including AOC and its coaches) may use User Feedback that you post that is about them.
  3. You acknowledge that the content of User Feedback is that user’s opinion and does not constitute any representation by us.
  4. You agree that in submitting any User Feedback you will act honestly and fairly and that you will not do anything which might unfairly damage the reputation of MaleMomentum or our Affiliates (including AOC and its coaches) or undermine the operation of any ratings system (for example, submitting or causing or allow others to submit illegitimate or inauthentic ratings or reviews). We reserve the right to remove any User Feedback which we consider inappropriate, deceptive, unlawful or in breach of these Terms, but without giving rise to any duty to, or representation that we will, do so.
5. Injunctions: You acknowledge that any breach by you of this clause 6 may cause damage to us which cannot adequately be remedied by damages and that if you breach or act in a way which threatens to breach this clause 6, we may seek injunctive relief against you.
6. Copyright Complaints: If you believe that your work has been copied, reproduced or used in a way that constitutes copyright infringement or are aware of another person doing so, please contact our designated copyright representative: James Shaw, 11 Wembley Road, Moss Vale, NSW at support@malemomentum.com. For avoidance of doubt, nothing in these Terms requires us to investigate or pursue a copyright complaint by you against another person or to act on your behalf in respect of any copyright complaint.
DISCLAIMER, LIMITATION OF WARRANTY, AND LIMITATION OF LIABILITY (users outside of Australia)
This clause 7 applies to persons to the extent that they do not obtain or purchase our products or services within Australia or otherwise as “consumers” or a “small business” within the meaning of the Australian Consumer Law.
1. Disclaimer
  1. The opinions, information and other content contained in or on, or provided through, the MaleMomentum Community, Website, AOC App and Website and Our Services (including Memberships, Membership Content, Membership Access and other paid services) are for informational and entertainment purposes only, are not intended as medical, health, nutritional or physiotherapy advice or other specialised advice and are not a substitute for professional advice, diagnosis or treatment of any disease or condition. We do not guarantee or represent that any nutritional, health and fitness or other information published or available via the MaleMomentum Community, Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), or any nutritional, health and fitness or other information or coaching or training program provided by AOC or through the AOC App and Website (including through AOC’s coaches), is suitable for your personal circumstances, including any medical condition, allergies, physiological or other needs or will provided any specific result. You should consult your physician or other healthcare professional before starting any nutrition, fitness, health and/or hormone therapy program to determine if it is appropriate for you.
  2. Use of and access to MaleMomentum Community, Website, AOC App and Website and/or Our Services at your sole risk: We make no representation that any information on the MaleMomentum Community, Website, AOC App and Website (including any Membership Content and Membership Access) is in every respect accurate, current, or complete or has been verified by MaleMomentum, or that the information is suitable to your personal circumstances. To the fullest extent permitted by law, we assume no responsibility for any error or omission in any content or information published on or available through the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services). You are encouraged to confirm any such information with other sources and make your own assessment of its reliability and suitability for your individual circumstances.
  3. By using or accessing the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services), you acknowledge and agree that MaleMomentum:
    1. does not itself provide coaching or personal training services or engage coaches to provide coaching services, and all coaching or personal training services provided via the AOC App and Website are provided solely by or on behalf of AOC. Your use of the AOC App and Website and any other products or services offered by AOC is subject to the AOC Terms;
    2. acts as a community forum or venue for users to connect with each other and to discuss, share and publish content of its users, members, other persons or third parties and MaleMomentum does not verify that content;
    3. will rely upon the information and content provided by users (including without limitation any health professionals, coaches or third parties or persons that may be invited by MaleMomentum to join or participate in the MaleMomentum Community);
    4. has no control over and is not responsible for any acts or omissions of any users on or off the MaleMomentum Community, Website, AOC App and Website and/or Our Services;
    5. apart from any MM Official Content, makes no representation or warranty regarding the quality or marketing of any content or services provided by any user, or the accuracy or reliability of any information or suitability of any services provided by any user on the MaleMomentum Community, Website, AOC App and Website and/or Our Services; and
    6. makes no representation or warranty regarding the verification of content or information (including any credentials or qualifications) or suitability of any services provided by any user (including without limitation any health professionals, coaches or third parties or persons that may be invited by MaleMomentum to join or participate in the MaleMomentum Community).
  4. External and Third Party Links and Sites: The MaleMomentum Community, Website, AOC App and Website and Our Services (including Memberships, Membership Content, Membership Access and other paid services) may contain links to external websites, and you may be offered a number of automatic links to other websites that may interest you (External and Third Party Links and Sites). We accept no responsibility for, or liability in respect of, and make no warranty whatsoever as to, the content, security, privacy practices, accessibility, or terms and conditions of External and Third Party Links and Sites. You agree and acknowledge that if you access, use, or rely upon any External and Third Party Links and Sites you do so entirely at your own risk.
  5. Third Party Content: Other users of the MaleMomentum Community, Website, AOC App and Website and Our Services, third party advertisers and other third parties may from time to time post or publish information or content (including advertising material) on the MaleMomentum Community, Website, AOC App and Website (including without limitation recipes, nutrition, health or fitness guidance) or through Our Services (Third Party Content). We make no representation whatsoever as to the accuracy, quality or otherwise in respect of any Third Party Content. You agree and acknowledge that any use or reliance upon any Third Party Content is entirely at your own risk.
  6. No duty to warn or advise: There are risks associated with any health, exercise and nutritional activity. You agree and acknowledge that the warnings set out on the MaleMomentum Community, Website, AOC App and Website, in Our Services (including Memberships, Membership Content, Membership Access and other paid services) and these Terms are not advice or a comprehensive statement of risk and are not intended to be relied upon as such. To the fullest extent permitted by law, you agree that nothing in any warning or other information set out or communicated in or through the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), these Terms shall give rise to any duty to warn of any risk or any other matter, duty to advise or other duty of care.
  7. Social media and member forum: Other users of the MaleMomentum Community, Website, AOC App and Website and Our Services or other third parties may from time to time establish social media groups, pages, forums or websites. These groups, pages, forums or websites are not in any way affiliated with MaleMomentum. We do not endorse, curate or authorise any of those groups, pages, forms or websites, or any content contained or posted on them. We make no representation and give no warranty (whether as to accuracy, quality, completeness or otherwise), and accept no responsibility or liability for, the conduct or content of any such groups, pages, forums, posts websites or content.
2. Limitation of warranty: To the fullest extent permitted by law, and except as otherwise expressly specified, neither we, nor any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers give any warranty of any kind, whether express or implied, about the MaleMomentum Community, Website, AOC App and Website, Our Services (including Memberships, Membership Content, Membership Access and other paid services) or any content, material or representations posted on, through or with respect to the MaleMomentum Community, Website, AOC App and Website or OurServices (including Memberships, Membership Content, Membership Access and other paid services), or about any External and Third Party Links and Sites or Third Party Content. Without limiting the scope of this disclaimer, MaleMomentum disclaims and excludes any warranties:
  1. as to any matter, including but not limited to including quality, merchantability, fitness for a particular use or purpose, non-infringement, operability, condition, quiet enjoyment, value, accuracy of data, system integration and device compatibility of the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services);
  2. that the MaleMomentum Community, Website, AOC App and Website and/or Our Services will meet your specific or individual requirements or your device requirements;
  3. that the MaleMomentum Community, Website, AOC App and Website and/or Our Services will be accurate, reliable, uninterrupted, secure or error-free;
  4. that the MaleMomentum Community, Website, AOC App and Website, Our Services or the server that makes it available, will be uninterrupted, timely, secure, free of viruses, errors or other harmful components;
  5. as to the results that may be obtained from the use of the MaleMomentum Community, Website, AOC App and Website and/or Our Services; and
  6. that defects in the MaleMomentum Community, Website, AOC App and Website and/or Our Services will be corrected.
3. Release: To the fullest extent permitted by law, you release and forever waive any and all Claims you may have against us, our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers for any loss, damage, expense or injury (including any Claim) you sustain arising out of or in connection with your access to (or inability to access) or use of the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services) or any External and Third Party Links and Sites or any Third Party Content.
4. Limitation of liability:
  To the fullest extent permitted by law you agree that:
  1. neither we, nor any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers will be liable to you or any person for any Claim resulting from or arising out of:
    1. your use or inability to use or access the MaleMomentum Community, Website, AOCApp and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), including (without limitation) their unavailability at any time or for any period, whether or not by reason of matters within our control or within the control of any vendor providing software or services support to us;
    2. unauthorised access or alterations of your transmissions to or from the MaleMomentum Community, Website or AOC App and Website by a third party;
    3. any viruses or other malicious code or software created by a third party that may infect your computer equipment or other property whether by reason of your access to or use of the MaleMomentum Community, Website, AOCApp and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), or otherwise;
    4. activities resulting from the loss or misuse of your User Account Details, Login Details or other Access Mechanism;
    5. statements or conduct of any third party;
    6. any injury, loss or damage suffered by you in relation to the provision of any content made available on the MaleMomentum Community;
    7. any advice, treatment or other services rendered by any users on the MaleMomentum Community;
    8. any other claims that may arise directly or indirectly from the content published by, or any acts, omissions, statements or publications by any users on the MaleMomentum Community;
    9. any act or omission of any user, including any breaches of these Terms, or any contravention of any law or rights of a third party by any user;
    10. any of your content and/or information that you submit, post or transmit through the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services);
    11. any indirect or consequential loss, or any economic loss; or
    12. any other matter relating to the MaleMomentum Community, Website, AOC App and Website or Our Services, except to the extent resulting from our gross negligence or wilful default;
    Each of the limitations in clauses 7.4.a.i)-7.4.a.xii) is a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability; and
  2. to the extent our liability and the liability of any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, is not otherwise excluded, or is unable to be excluded, that liability, howsoever arising (including any breach of these Terms or other agreement with you) and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be:
    1. limited to the re-supply of the relevant goods and/or services or the payment of the cost of having the relevant goods and/or services re-supplied; or
    2. limited to direct damages up to the amount (if any) you have paid us or our Affiliates for the use of and access to the MaleMomentum Community, Website, AOC App and Website or the Services in the immediately preceding six (6) months, or $2,000 (whichever greater); and
    3. is reduced to the extent that the liability arises out of the negligent or wrongful act or omission by you, any other user or any third party,
    and each of the above limitations are a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
5. The limitations on and exclusion of liability for damages in these Terms shall apply regardless of whether the liability is based on breach of contract, tort, strict or product liability or breach of warranty, statute or otherwise.
6. You acknowledge that your use of and access to the MaleMomentum Community, Website, AOCApp and Website and Our Services (including Memberships, Membership Content, Membership Access and other paid services) are entirely at your own risk, and you are responsible for taking all precautions you deem necessary or advisable to protect you against any Claim, risk, hazard, loss or damage that may arise from your use of and access to the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services).
INDEMNITY (users outside of Australia)
This clause 8 applies to persons to the extent that they do not obtain or purchase our products or services within Australia or otherwise as “consumers” or a “small business” within the meaning of the Australian Consumer Law.
1. Indemnities given by you: To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless us, our Affiliates, and our and their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers from and against all Claims, including reasonable legal costs, resulting from any breach of these Terms by you or any activity related to your User Account or use of the MaleMomentum Community, Website, AOC App and Website or Our Services (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any Claim, whether direct, indirect, incidental, special and/or consequential, including loss of profits or income, suffered by us, any of our Affiliates or you, or claims made against us or any of our Affiliates, or any of our or their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers or you which result from your breach of these Terms, or your use of and access to the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services).
2. Any liability as between users or other third parties unaffected: Nothing in these Terms is intended to limit any liability or duty that users or other authors of content may have to you or that you may have to them.
3. Bar to claims brought in breach of this clause: MaleMomentum and any of our Affiliates may plead these Terms in bar to any claim, action, proceeding, class action or suit brought by you against MaleMomentum or any of our Affiliates in any proceeding or claim commenced in breach of this clause 8.
4. Each of the indemnities in clause 8.1 is a separate obligation by you to us. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
AMENDMENT, VARIATION OR ADDITION TO THESE TERMS
1. We may amend, vary, revise, or modify (including by deleting or adding terms) these Terms from time to time. We will notify you of any updates, changes or amendments to these Terms by posting them on the MaleMomentum Community and/or Website and/or by email or other direct electronic communication. The amended or updated terms will take effect (unless we specify a later date):
  1. upon your express agreement to any updated Terms; or
  2. for new users or for any of Our Services that you purchase from us after the updated Terms are posted or notified to you, from the date of posting or notification (whichever earlier); or
  3. for existing users (other than for any of Our Services that you purchase after the updated Terms are posted or notified to you), 7 days after we send you notification (for email or other direct electronic communication) that the Terms have been updated.
2. By continuing to use and access the MaleMomentum Community, Website and/or Our Services after the applicable date set out above, you agree to the terms of the updated Terms.
3. If you are an existing user and do not wish to agree to updated Terms (other than in the case of an insubstantial, minor or typographical or formatting amendment that does not substantially and adversely affect your rights or use of and access to the MaleMomentum Community, Website or Our Services), then you must notify us within 7 days of being notified of the updated Terms. Such a notification may be treated by MaleMomentum as a request to terminate all Our Services and other access to the MaleMomentum Community, Website, AOC App and Website or Our Services that these Terms apply to. If the effect of that termination is to materially reduce or change the nature of a membership, subscription, service or product that you have purchased from us, we will offer to do one or more of the following:
  1. continue to provide you the membership, subscription, service or product for the remaining period that you have paid for on the Terms without the amendment or update. This may result in you being unable to use or access new or updated features, services or products; or
  2. refund to you a pro rata amount for the remaining period that you have paid for in respect of that membership, subscription, service or product. In the case of any termination of a particular product or service (such as the AOC Products and Services) charged under a single subscription price, we may reasonably determine the amount of any pro rata refund for the unavailable / cancelled product(s) or service(s).
  We may choose (in our sole and absolute discretion) which of these are offered to you.
PRIVACY
1. When you provide us with personal information to complete a transaction, verify your credit card, subscribe to membership or to use any feature of the MaleMomentum Community, Website or Our Services, you are consenting to our collection and use of information provided for the specific purpose for which it is provided. Your personal information and any health information will be handled in accordance with our Privacy Policy at https://www.malemomentum.com/privacy. You may withdraw your consent at any time by contacting support@malemomentum.com.
2. We may disclose your personal information if required to do so by law or otherwise in accordance with our Privacy Policy.
FORCE MAJEURE
Neither we nor our licensors or Affiliates are liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of god, pandemic, COVID-19, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
DISPUTE RESOLUTION
1. Any disputes arising out of or in connection with: (a) the MaleMomentum Community, between a user and another user; or (b) AOC Products and Services, between users or between a user and AOC, must be resolved directly between those users or the user and AOC, respectively. This restriction does not apply to any claim that you may have against us for breach of these Terms or under the consumer guarantees under the Australian Consumer Law.
2. We may, but have no obligation to, monitor or request information regarding disputes that have arisen between you and AOC or other users.
3. If a dispute arises between you and MaleMomentum arising out of these Terms, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly.
4. For any claim against MaleMomentum:
  1. either party may request a mediation, which the parties must attend in good faith. Except pursuant to any settlement reached during mediation, the mediation shall not be binding on the parties and the mediator will not have any authority to determine the dispute;
  2. if both parties do not agree on a mediator, then the parties must request that a mediator be appointed by the President of the Law Society of New South Wales;
  3. in the event of an unsuccessful mediation, if both parties to the dispute agree in writing, arbitration may be initiated through an established alternative dispute resolution (ADR) provider in New South Wales, Australia, which is to be selected by you from a panel of established ADR providers that MaleMomentum will provide to you.
  4. The ADR provider and the parties must comply with the following rules:
    1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
    2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.
5. If the parties elect arbitration under this clause, any party must not commence proceedings until the arbitration has been determined, provided that nothing in this clause prevents any party from seeking urgent injunctive relief. These Terms may be pleaded in bar to any proceeding commenced in breach of this clause.
6. Either party may recover its legal fees and costs (including on an indemnity basis) arising out of any breach of this clause, provided that the other party has been notified in writing and that party has failed to promptly withdraw that claim.
7. If any proceeding by or against you or MaleMomentum is commenced under any provision of any bankruptcy or insolvency law, either party will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of these Terms.
PROMOTIONAL OFFERS
1. We may run promotional offers from time to time on the MaleMomentum Community (and/or Website, as applicable). The terms of any such promotion will be posted on the MaleMomentum Community and/or Website. Unless otherwise indicated, we may establish and modify, in our sole discretion, the terms of such offers and end such offers at any time.
2. Discounts and vouchers: We may, from time to time, offer discounts and vouchers on purchases or subscriptions of any Our Services. Additional terms and conditions, including eligibility criteria, may apply to such purchases or subscriptions and any such additional terms will be made available to you prior to purchase.
Additional provisions for Australian users
The following clauses 14 and 15 apply to persons who obtain or purchase our products or services within Australia or otherwise as “consumers” or a “small business” within the meaning of the Australian Consumer Law.
Important note: Under the Australian Consumer Law, consumer goods or services may be subject to consumer guarantees which cannot be excluded or limited, including (but not limited to) guarantees that that they will be of acceptable quality, fit for purpose (in certain circumstances), that services will be performed with due care and skill and provided within a reasonable time.
In addition, the Australian Consumer Law grants certain rights and protections to consumers and other persons in relation to misleading and deceptive conduct by businesses.
Nothing in these terms is intended to limit or exclude any rights that you have under the Australian Consumer Law to the extent that they that cannot be limited or excluded.
DISCLAIMER, LIMITATION OF WARRANTY, AND LIMITATION OF LIABILITY (users within Australia)
1. Disclaimer:
  1. The opinions, information and other content contained in or on, or provided through, the MaleMomentum Community, Website, AOC App and Website and Our Services (including Memberships, Membership Content, Membership Access and other paid services) are for informational and entertainment purposes only, are not intended as medical, health, nutritional or physiotherapy advice or other specialised advice and are not a substitute for professional advice, diagnosis or treatment of any disease or condition. We do not guarantee or represent that any nutritional, health and fitness or other information published or available through the MaleMomentum Community, Website or OurServices (including Memberships, Membership Content, Membership Access and other paid services) or any nutritional, health and fitness or other information or coaching or training program provided by AOC or through the AOC App and Website (including through AOC’s coaches), is suitable for your personal circumstances, including any medical condition, allergies, physiological or other needs or will provided any specific result. You should consult your physician or other healthcare professional before starting any nutrition, fitness, health and/or hormone therapy program to determine if it is appropriate for you.
  2. Use of and access to MaleMomentum Community, Website, AOC App and Website and/or Our Services at your sole risk: We make no representation that any information on the MaleMomentum Community, Website, AOC App and Website is in every respect accurate, current, or complete or has been verified by MaleMomentum, or that the information is suitable for your personal circumstances. To the fullest extent permitted by law, we assume no responsibility for any error or omission in any content or information published on or made available through the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services):
    1. by you, another user or a third party, except to the extent (and only to the extent) of any representation by us that we have verified and endorse that content or information as true and accurate; or
    2. that is made available for free.
    You are encouraged to confirm any such information with other sources and make your own assessment of its reliability and suitability for your individual circumstances.
  3. By using or accessing the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services), you acknowledge and agree that MaleMomentum:
    1. does not itself provide coaching or personal training services or engage coaches to provide coaching services, and all coaching or personal training services provided via the AOC App and Website are provided solely by or on behalf of AOC. Your use of the AOC App and Website and any other products or services offered by AOC is subject to the AOC Terms;
    2. acts as a community forum or venue for users to connect with each other and to discuss, share and publish content of its users, members, other persons or third parties and MaleMomentum does not verify that content;
    3. will rely upon the information and content provided by users (including without limitation any health professionals, coaches or third parties or persons that may be invited by MaleMomentum to join or participate in the MaleMomentum Community);
    4. has no control over and is not responsible for any acts or omissions of any users on or off the MaleMomentum Community, Website, AOC App and Website and/or Our Services;
    5. apart from any MM Official Content, makes no representation or warranty regarding the quality or marketing of any content or services provided by any user, or the accuracy or reliability of any information or suitability of any services provided by any user on the MaleMomentum Community, Website, AOC App and Website and/or Our Services; and
    6. makes no representation or warranty regarding the verification of content or information (including any credentials or qualifications) or suitability of any services provided by any user (including without limitation any health professionals, coaches or third parties or persons that may be invited by MaleMomentum to join or participate in the MaleMomentum Community).
  4. External and Third Party Links and Sites: The MaleMomentum Community, Website, AOC App and Website and Our Services (including Memberships, Membership Content, Membership Access and other paid services) may contain links to external websites, and you may be offered a number of automatic links to other websites that may interest you (External and Third Party Links and Sites). We accept no responsibility for, or liability in respect of, and make no warranty whatsoever as to, the content, security, privacy practices, accessibility, or terms and conditions of External and Third Party Links and Sites. You agree and acknowledge that if you access, use, or rely upon any External and Third Party Links and Sites you do so entirely at your own risk.
  5. Third Party Content: Other users of the MaleMomentum Community, Website, AOC App and Website and Our Services, third party advertisers and other third parties may from time to time post or publish information or content (including advertising material) on the MaleMomentum Community, Website, AOC App and Website (including without limitation recipes, nutrition, health or fitness guidance), or through Our Services (Third Party Content). We make no representation whatsoever as to the accuracy, quality or otherwise in respect of any Third Party Content. You agree and acknowledge that any use or reliance upon any Third Party Content is entirely at your own risk.
  6. No duty to warn or advise: There are risks associated with any health, exercise and nutritional activity. You agree and acknowledge that the warnings set out on the MaleMomentum Community, Website, AOC App and Website, in Our Services (including Memberships, Membership Content, Membership Access and other paid services) and these Terms are not advice or a comprehensive statement of risk and are not intended to be relied upon as such. To the fullest extent permitted by law, you agree that nothing in any warning or other information set out or communicated in or through the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), these Terms shall give rise to any duty to warn of any risk or any other matter, duty to advise or other duty of care.
  7. Social media and member forum: Other users of the MaleMomentum Community, Website, AOC App and Website and Our Services or other third parties may from time to time establish social media groups, pages, forums or websites. These groups, pages, forums or websites are not in any way affiliated with MaleMomentum. We do not endorse, curate or authorise any of those groups, pages, forms or websites, or any content contained or posted on them. We make no representation and give no warranty (whether as to accuracy, quality, completeness or otherwise), and accept no responsibility or liability for, the conduct or content of any such groups, pages, forums, posts websites or content.
2. Limitation of warranty: To the fullest extent permitted by law, and except as otherwise expressly specified, neither we, nor any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers give any warranty of any kind, whether express or implied, about the MaleMomentum Community, Website, AOC App and Website, Our Services (including Memberships, Membership Content, Membership Access and other paid services) or any content, material or representations posted on, through or with respect to the MaleMomentum Community, Website, AOC App and Website or Our Services, or about any External and Third Party Links and Sites or Third Party Content. Without limiting the scope of this disclaimer, MaleMomentum disclaims and excludes any warranties:
  1. as to any matter, including but not limited to including quality, merchantability, fitness for a particular use or purpose, non-infringement, operability, condition, quiet enjoyment, value, accuracy of data, system integration and device compatibility of the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services);
  2. that the MaleMomentum Community, Website, AOC App and Website and/or Our Services will meet your specific or individual requirements or your device requirements;
  3. that the MaleMomentum Community, Website, AOC App and Website and/or Our Services will be accurate, reliable, uninterrupted, secure or error-free;
  4. that the MaleMomentum Community, Website, AOC App and Website, Our Services or the server that makes it available, will be uninterrupted, timely, secure, free of viruses, errors or other harmful components;
  5. as to the results that may be obtained from the use of the MaleMomentum Community, Website, AOC App and Website and/or Our Services;
  6. that defects in the MaleMomentum Community, Website, AOC App and Website and/or Our Services will be corrected.
  This clause does not affect or limit: (i) any consumer guarantee under the Australian Consumer Law; (ii) any other warranty to the extent that it cannot lawfully be excluded or limited.
3. Release: To the fullest extent permitted by law, you release and forever waive any and all Claims you may have against us, our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers for any loss, damage, expense or injury (including any Claim) you sustain arising out of or in connection with: (a) your access to (or inability to access) or use any External and Third Party Links and Sites or any Third Party Content; or (b) any act or omission of any user (other than an employee, officer, contractor or agent of MaleMomentum acting on our behalf) or other third party. For avoidance of doubt, nothing in this clause 14.3 releases any Claims that you may have against us for any breach of the Australian Consumer Law, including under the consumer guarantees, or for a breach of these Terms by us.
4. Limitation of liability:
  To the fullest extent permitted by law you agree that:
  1. neither we, nor any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers will be liable to you or any person for any Claim resulting from or arising out of:
    1. your use or inability to use and access the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), including (without limitation) their unavailability at any time or for any period;
    2. unauthorised access or alterations of your transmissions to or from the MaleMomentum Community, Website or AOC App and Website by a third party;
    3. any viruses or other malicious code or software created by a third party that may infect your computer equipment or other property whether by reason of your access to or use of the MaleMomentum Community, Website, AOCApp and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), or otherwise;
    4. activities resulting from the loss or misuse of your User Account Details, Login Details or other Access Mechanism;
    5. statements or conduct of any third party;
    6. any injury, loss or damage suffered by you in relation to the provision of any content made available on the MaleMomentum Community;
    7. any advice, treatment or other services rendered by any users or other persons on the MaleMomentum Community;
    8. any other claims that may arise directly or indirectly from the content published by, or any acts, omissions, statements or publications by any users on the MaleMomentum Community;
    9. any act or omission of any user, including any breaches of these Terms, or any contravention of any law or rights of a third party by any user;
    10. any of your content and/or information that you submit, post or transmit through the MaleMomentum Community, Website, AOC App and Website and/or Our Services (including Memberships, Membership Content, Membership Access and other paid services);
    11. any indirect or consequential loss; or
    12. any other matter relating to the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services), except as set out in clause 14.4.b);
    Each of the limitations in clauses 14.4.a.i)-14.4.a.xii) is a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
  2. Nothing in clause 14.4.a) limits or excludes our liability for any loss or damage that you suffer to the extent that the loss or damage was caused by:(a) our breach of these Terms or any other contract between us and you; (b) our negligence (but excluding any duty to moderate the conduct or content of other users or third parties); (c) our breach of the Australian Consumer Law or the consumer guarantees under the Australian Consumer Law.
  3. To the extent our liability and the liability of any of our Affiliates, officers, directors, employees, agents, information providers, partners, advertisers, licensors or suppliers, is not otherwise excluded, or is unable to be excluded, that liability, howsoever arising (including any breach of these Terms or other agreement with you) and of whatever kind (whether based on breach of contract, tort, strict or product liability, breach of warranty or otherwise), shall be:
    1. limited to the re-supply of the relevant goods and/or services or the payment of the cost of having the relevant goods and/or services re-supplied unless the liability is for breach of a warranty or consumer guarantee that cannot be remedied by re-supply or covering the cost of re-supply, or that the Australian Consumer Law requires that we offer you a refund or other remedy; or
    2. limited to direct damages up to the greater of: (a) the amount (if any) you have paid us or our Affiliates for the use of and access to the MaleMomentum Community, Website, AOC App and Website or Our Services in the immediately preceding six (6) months; (b) $2,000; or (c) the minimum total amount of compensation that we are liable to pay you under the Australian Consumer Law in respect of the Claim (if applicable); and
    3. is reduced to the extent that the liability arises out of the negligent or wrongful act or omission by you, any other user or any third party,
    and each of the above limitations are a separate limitation of liability. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.
5. The limitations on and exclusion of liability for damages in these Terms shall apply regardless of whether the liability is based on breach of contract, tort, strict or product liability or breach of warranty, statute or otherwise.
6. You acknowledge that, apart from any rights that you may have under the Australian Consumer Law, your use of and access to the MaleMomentum Community, Website, AOC App and Website and Our Services (including Memberships, Membership Content, Membership Access and other paid services) are entirely at your own risk, and you are responsible for taking all precautions you deem necessary or advisable to protect you against any Claim, risk, hazard, loss or damage that may arise from your use of and access to the MaleMomentum Community, Website, AOC App and Website or Our Services (including Memberships, Membership Content, Membership Access and other paid services).
7. Consumer guarantees and Australian Consumer Law: For avoidance of doubt, nothing in this clause 14 or these Terms is intended to limit any rights that you may have under the Australian Consumer Law (including the consumer guarantees) or any other law to the extent that they cannot be lawfully excluded or limited.
INDEMNITY (users within Australia)
1. Indemnities given by you: To the fullest extent permitted by law, you agree to indemnify, defend and forever hold harmless us, our Affiliates, and our and their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers from and against all Claims, including reasonable legal costs, resulting from:
  1. any breach of these Terms by you; or
  2. any activity through or under your User Account that you are responsible for under clause 3.2.e); or
  3. any content or information uploaded, posted or otherwise made available by you on the MaleMomentum Community, Website and/or AOC App and Website (including, without limitation, infringement of any third party’s copyright, trademark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct); and
  4. any liability for any Claim, whether direct, indirect, incidental, special and/or consequential, including loss of profits or income, suffered by us, any of our Affiliates or you, or Claims made against us or any of our Affiliates, or any of our or their officers, directors, employees, agents, partners, information providers, contractors, advertisers, licensors and suppliers or you, to the extent that that liability or Claim is a result of your breach of these Terms or your negligent act or omission.
2. Each of the indemnities given by you in clause 15.1 is to be reduced in respect of any liability or Claim to the extent that the liability or Claim is the result of our breach of these Terms or any other contract between us and you, or was caused or contributed to by our negligence (excluding any duty to control the acts or content of other users or third parties).
3. Acknowledgment by user: You agree and acknowledge that the exclusions and limitations of liability and warranty in, and the indemnity given by you, under clauses 14 and 15, are reasonable to protect the legitimate interests of MaleMomentum in circumstances where (with the exception of the MM Official Content) MaleMomentum provides a community platform that acts as a forum or venue for users to connect with each other and to discuss, share and publish content of its users, members or third parties, and MaleMomentum does not verify that content or monitor or control the acts of users of the platform.
4. Any liability as between users or other third parties unaffected: Nothing in these Terms is intended to limit any liability or duty that users or other authors of content may have to you or that you may have to them.
5. Bar to claims brought in breach of this clause: MaleMomentum and any of our Affiliates may plead these Terms in bar to any claim, action, proceeding, class action or suit brought by you against MaleMomentum or any of our Affiliates in any proceeding or claim commenced in breach of this clause 15.
6. Each of the indemnities in clause 15.1 is a separate obligation by you to us. To the extent any of them is held to be void or unenforceable, it and any other provisions shall be read down or severed to the extent necessary to cure the invalidity or unenforceability.

MaleMomentum – Terms of Service

GENERAL

MEMBERSHIPS

USER ACCOUNT, ACCESS TO, AND USE OF WEBSITE, MALEMOMENTUM COMMUNITY, AOC APP AND WEBSITE AND OUR SERVICES

GENERAL AVAILABILITY OF SERVICES

PRICING AND PAYMENT

CONTENT AND INTELLECTUAL PROPERTY

DISCLAIMER, LIMITATION OF WARRANTY, AND LIMITATION OF LIABILITY (users outside of Australia)

INDEMNITY (users outside of Australia)

AMENDMENT, VARIATION OR ADDITION TO THESE TERMS

PRIVACY

FORCE MAJEURE

DISPUTE RESOLUTION

PROMOTIONAL OFFERS

Additional provisions for Australian users

DISCLAIMER, LIMITATION OF WARRANTY, AND LIMITATION OF LIABILITY (users within Australia)

INDEMNITY (users within Australia)