Terms of Service

Last Updated: 14 Nov 2024

Welcome to Motionmate! We understand that both organisers and players want their events to run smoothly and safely, and we share the same goal. We're thrilled to have you on board! Please read these Terms of Service (“Terms”) carefully, as they contain important information about your legal rights, responsibilities, and obligations.

By accessing or using Motionmate's Services, you agree to these Terms (including our Privacy Policy and any other referenced policies), without modification. This agreement forms a binding contract between you and us, governing your use of the Services. If you do not agree with these Terms, please refrain from using the Services.

1. Accepting These Terms

1.1 Definitions

To help you navigate these Terms, here are some key definitions:

  1. An "Affiliate" refers to any person or entity that controls, is controlled by, or is under common control with another entity. "Control" means owning or having the power to manage more than 20% of the voting stock or having the authority to direct the management and policies of an entity.
  2. "Players" are individuals using our Services to discover, join, or participate in sports activities and events.
  3. "Motionmate Properties" include all products, features, and offerings available through:
    • A. Our website, motionmate.com.au ("Site(s)").
    • B. Offline services like event management, marketing, and sponsorship.
    • C. Mobile apps, web pages, APIs, and subdomains ("Applications").
  4. "Material" covers all content such as data, text, design, graphics, images, videos, music, and other media made available through our Services.
  5. An "Organiser" is a person or entity using our Services to create and manage sports events for Players.
  6. "Services" include Motionmate Properties and any additional organiser tools or offerings provided.
  7. "Site Content" refers to any Material included or shared via the Services.
  8. "Your Content" is any Material you provide, upload, post, or share using the Services, or that you authorise us to use.
  9. "Your Trademarks" are any trademarks, logos, or service marks that you provide or make available using our Services.
  10. Collectively, all organisers, players, and third parties using our Services are referred to as "Users," "you," or "your."
  11. When these Terms refer to "Motionmate," "we," "us," or "our," it refers to Motionmate and its Affiliates, including all officers, directors, agents, and employees.

1.2 Additional Terms

There may be other terms applicable to your use of the Services:

  1. By agreeing to these Terms, you confirm you have read and accepted our Privacy Policy, which is incorporated into these Terms by reference.
  2. All Users must adhere to Motionmate’s Community Guidelines, which outline acceptable conduct and content when using our Services.
  3. Additional terms may apply based on your activities:
    • A. If you are an Organiser, our Merchant Agreement and Refund Policy requirements will apply to you.
    • B. If you use specific features like Motionmate Ads, the relevant guidelines will also apply.
    • C. If you participate in referral programs, the associated Referral Terms will apply.
  4. In some cases, we may offer additional services not explicitly covered in these Terms. Unless a separate, signed agreement supersedes these Terms, they will apply to all such services.

1.3 Your Authority

If you use our Services on behalf of a company or other entity, you confirm that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" will refer to both you as an individual and the entity you represent.

2. Motionmate's Services and Role

2.1 What We Do

Motionmate offers a robust platform for sports enthusiasts and organisers to connect through engaging social sports events. Our services enable organisers to create, post, and manage both in-person and virtual sports activities, handle bookings, and streamline player participation. Motionmate also provides tools to help organisers build their community and effectively promote their events.

2.2 Our Role

Motionmate is not the creator, organiser, or owner of the sports events listed on our platform, nor do we sell event tickets or related merchandise. Instead, we provide services that allow organisers to manage bookings, registrations, and event promotion.

When an organiser hosts an event on Motionmate, they are solely responsible for ensuring that their event complies with all relevant laws, rules, and regulations. Organisers must also ensure that the services and activities described on the event page are delivered accurately and satisfactorily.

For paid events, Motionmate uses a third-party payment gateway, Stripe, to process all transactions. Organisers must use Stripe for collecting payments from participants. Motionmate faciliatees this process by transmitting the payment details to Stripe, but we do not handle or store any payment information directly.

Learn more about Stripe: https://stripe.com/au/resources/more/secure-payment-systems-explained

3. Privacy and User Information

3.1 Privacy Policy

At Motionmate, we prioritise the protection of your personal data. We handle and safeguard any personal information you provide or that we collect through Motionmate services in accordance with our Privacy Policy.

3.2 User Information

If you are an organiser on Motionmate, you must comply with all relevant local, state, national, and international laws and regulations regarding the information you collect from participants or other users. Additionally, you must adhere to any policies we have in place for handling user information collected through our platform.

4. Term; Termination

4.1 Term

These Terms apply as soon as you access Motionmate's Services.

By accessing Motionmate's Services through any means, you agree to be bound by these Terms. They will remain in effect until terminated as outlined below. Either you or Motionmate may decide to end this agreement, as described in Sections 4.2 and 4.3. Certain provisions, detailed in Section 4.4, will continue to apply even after termination.

4.2 Termination

Motionmate reserves the right to revoke access to its Services.

  1. We may suspend or terminate your access to the Services at any time, including if:
    • A. You violate these Terms or any other agreement with us, or fail to pay any due amounts.
    • B. You misuse or abuse the Services or use them in a manner not intended or permitted by us.
    • C. Your conduct, on or off Motionmate, jeopardises the safety of our community, compromises the integrity of Motionmate, or interferes with the user experience.
    • D. Your access would violate applicable local, state, national laws, regulations, or court orders, or expose Motionmate to legal liability.
  2. Motionmate may decide to discontinue the Services or a part of them, or modify any aspect at any time. We will make reasonable efforts to notify you of the termination of your access if we believe that not doing so would materially disadvantage you. You agree that Motionmate will not be liable to you or any third party for terminating your access to the Services.

4.3 Deleting Your Account

If you wish to stop using Motionmate, contact Motionmate (admin@motionmate.com.au) to delete your account.

Unless stated otherwise in a separate agreement, you may terminate your access to Motionmate by deleting your account. If you use Motionmate without a registered account, you must stop accessing the Services to terminate the applicability of these Terms. If you continue to access Motionmate's Services without an account, these Terms will still apply. If a separate agreement between you and Motionmate ends, these Terms will continue to govern your use of the Services.

4.4 Survival of Terms

Certain provisions will continue to apply even after termination.

All clauses that, by their nature, should survive termination will remain in effect. This includes limitations on liability, indemnification obligations, disclaimers of warranties, intellectual property protections, and any agreements regarding dispute resolution, choice of law, and legal forums.

5. Release and Indemnification

5.1 Release

You agree not to involve Motionmate in disputes between you and third parties.

You release Motionmate, along with our affiliates, officers, directors, agents, payment partners, and employees, from any damages, losses, liabilities, costs, and expenses arising from disputes between you and any third party, including other users, related to:

  • The use of Motionmate Services or any event listed on Motionmate.
  • Any content you provide through Motionmate.

5.2 Indemnification

You agree to protect us from any claims related to your actions.

You will defend, indemnify, and hold Motionmate and its affiliates harmless from any claims, damages, losses, or expenses, including reasonable legal fees, arising out of:

  • Your breach of these Terms or any policies incorporated within.
  • Your unauthorized use of the Services.
  • Any violation of laws or third-party rights due to your actions.
  • If you are an organiser, any issues related to your events, provided that this indemnity does not cover claims arising from Motionmate's gross negligence or intentional misconduct.

Motionmate will notify you of any such claims, and you may be required to assist in the defense process if requested.

6. Warranties

6.1 Disclaimer of Warranties

While we strive to provide reliable Services, there are certain things we cannot guarantee.

  1. To the extent permitted by law, Motionmate's Services are provided "as is" and "as available." We disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, non-infringement, and fitness for a particular purpose. Specifically, we do not guarantee that:
    • The Services will meet your needs or expectations.
    • The Services will be uninterrupted, secure, or error-free.
    • The results from using the Services will be accurate or reliable.
  2. Motionmate does not control or guarantee:
    • The quality, safety, legality, or success of any event listed on our platform.
    • The accuracy of information provided by users, including feedback and consumer information shared with organisers.
    • The actions or performance of third parties involved in providing the Services or assisting with events.
  3. We are not responsible for the actions or omissions of any third parties, including those chosen by organisers to assist with events or users' choices of third-party services when using Motionmate.

6.2 Assumption of Risks

By participating in events, you acknowledge and accept any inherent risks.

Some events may involve risks such as illness, injury, disability, or even death. By choosing to participate, you voluntarily assume all associated risks.

6.3 Motionmate-Hosted Events

Most events on our platform are organised by third parties, but if you attend an event hosted directly by Motionmate, you assume all risks.

By participating in a Motionmate-hosted event, you waive any claims against Motionmate, its organisers, and related parties for any liability, including personal injury, property damage, or wrongful death.

6.4 Beta Services

We may occasionally offer early access to new features or services.

Motionmate may provide access to beta services as part of early testing. These beta services might not perform at the same level as our standard offerings and may be subject to changes. Your use of these beta services is at your own risk, and we may revoke access at any time without notice.

6.5 Application of Disclaimers

These disclaimers apply as far as the law permits.

If any warranties are legally required, they will be limited to the shortest duration allowed under applicable law.

7. Limitation of Liability

7.1 Motionmate Liability

To ensure we can provide our Services effectively, we must limit our liability to you.

  1. To the extent permitted by law, Motionmate and its affiliates will not be liable to you or any third party for:
    • Any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages).
    • Any feedback you give or receive.
    • Your content or trademarks.
  2. Except for our obligation to pay out certain event proceeds to organisers under specific circumstances, and in accordance with the terms of our agreement, the maximum aggregate liability of Motionmate and its affiliates is limited to the following:
    • For organisers of events with paid tickets: The total fees (net of any payment processing fees) paid to us in the three (3) month period immediately preceding the event giving rise to the claim.
    • For other users: The total price of all tickets or registrations purchased or made through the Services in the three (3) month period immediately preceding the claim, or if no tickets or registrations were purchased, a maximum of one hundred Australian Dollars (AUD $100).

7.2 Compliance with Terms

Our terms are designed to comply with applicable laws.

Some jurisdictions may not allow the exclusion of certain warranties or conditions, or the limitation of liability for loss or damage caused by negligence, breach of contract, or incidental or consequential damages. In such cases, only the limitations and exclusions that are lawful in your jurisdiction will apply, and our liability will be limited to the maximum extent allowed by law.

8. BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED (EXCEPT IN THE LIMITED CIRCUMSTANCES DESCRIBED BELOW), OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

8.1 Customer Support

Contact us first if you have an issue with our Services.

You agree that if you have a question or concern about the Services, you will contact Motionmate first, prior to initiating any legal proceeding. Our customer support team will try to answer your question or resolve your concern.

8.2 Arbitration Process

If a dispute can’t be resolved between us, it must be resolved through arbitration.

In the unlikely event that our customer support team is unable to resolve your concerns, you and Motionmate each agree to resolve all disputes and claims between you and us, including any arising under or relating to these Terms, your use of the Services, or your and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have authority to enter all relief that would be available in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated, or representative proceeding, except as provided for in Section 8.9 below. Binding arbitration is subject to very limited review. Only the appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to this Section, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms and any other agreement between you and Motionmate.

8.3 Applicability

Our agreement to arbitrate applies to almost all claims.

  1. This agreement to arbitrate applies to all legal disputes between you and Motionmate. It includes, but is not limited to:
    • (i) all claims relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
    • (ii) all claims that arose before this or any prior agreement (including claims relating to advertising); and
    • (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
  2. Notwithstanding this agreement to arbitrate, you or we may choose to bring:
    • A. an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
    • B. enforcement actions, validity determinations or claims relating to theft, piracy or unauthorized use of intellectual property in state or federal court in Australia to protect your or our Intellectual Property Rights.

8.4 Selection of Arbitrator

How the arbitrator will be selected.

We each agree to use the “rank and strike” process for selecting an arbitrator. The Australian Disputes Centre (ADC) will propose at least ten candidates to potentially serve as the arbitrator. We will each respond directly to the ADC (without copying one another) in a writing that (i) “strikes” up to three of those candidates, that is, removes them from further consideration, and (ii) ranks the remaining candidates in order of preference. ADC will average each of our rankings for each arbitrator and select as the arbitrator the candidate with the highest ranking.

8.5 No Class Actions

We both agree to not bring a class action.

YOU AND MOTIONMATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EXCEPT AS PROVIDED FOR IN SECTION 8.9 BELOW, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY’S CLAIMS.

8.6 Dispute Notice

Notice must be given when one of us intends to seek arbitration.

A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Dispute Notice"). The Dispute Notice to Motionmate must be addressed to the following email (admin@motionmate.com.au). Our Dispute Notice will be delivered to your account email address. The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within sixty (60) calendar days after the Dispute Notice is sent, you or we may commence an arbitration proceeding.

8.7 Arbitration Rules

These are the rules that will govern any arbitration proceedings.

The arbitration will be governed by the Australian Disputes Centre Arbitration Rules or, if the actions giving rise to the dispute or claim relate to your personal use of the Services, the Australian Consumer Law. These proceedings will be administered by the ADC and settled by a single arbitrator. All issues in dispute between the parties are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Section 8.

8.8 Arbitration Location

This is where the arbitration will take place.

Arbitration will take place in Sydney, New South Wales, or via teleconference, at the discretion of the arbitrator.

8.9 Batch Arbitration

In certain cases, group claims can be processed collectively.

If more than one person submits similar disputes about Motionmate, we each agree to resolve all claims and disputes in batch proceedings to the extent they can be processed collectively. Batch arbitration will apply where the arbitrations are based on the same or similar allegations, raise similar legal or factual issues, or are otherwise amenable to consolidated treatment. Batch arbitration will proceed through one arbitrator and will only involve disputes with the same or similar issues.

8.10 Fees and Costs

Who will bear the cost of the arbitration?

The costs of arbitration will be borne as per the ADC Rules, except that the arbitrator may award the prevailing party its legal fees and costs, where applicable under Australian law.

9. Licenses and Permits Organisers Must Obtain

Organisers are responsible for obtaining all necessary licenses, permits, and authorisations for their events.

If you are an Organiser, you represent and warrant to Motionmate that:

  • Before initiating ticket sales, you will obtain all applicable licences, permits, and authorisations (collectively, "Licensure") required for your events. This includes, but is not limited to, authorisations from state, local, or municipal authorities, traffic control permits, fire department inspection reports, fire marshal permits, permission for events involving minors, health and safety permits, and property operation permits.
  • You will comply with, and ensure that the venues for your events comply with, all relevant laws, regulations, rules, and ordinances.
  • You will maintain, throughout the duration of your events, the necessary Licensure to promote, produce, sponsor, host, and sell tickets for all of your events on Motionmate.
  • You will provide evidence of Licensure and related documentation prior to offering tickets or registrations for your events and promptly upon Motionmate’s reasonable request.

10. License to the Motionmate Services

10.1 License to Services

Your right to use our Services is limited to the license we grant you.

  1. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely for the following purposes:
    • A. Browsing the Services and searching for, viewing, registering for, or booking events listed on the Services; and/or
    • B. Creating event registrations, Organizer profiles, and other pages to promote, market, manage, track, and collect sales proceeds for an event.
  2. Your use of the Services must comply with these Terms and all applicable local, state, national, and other laws, rules, and regulations. Additionally, by using any search functionality or auto-population tools, you are bound by any relevant third-party terms (e.g., Google Maps Terms of Service and Privacy Policy).

10.2 License Restrictions

You cannot copy, sell, or misuse our Services.

In addition to any other restrictions imposed by these Terms or elsewhere, you agree not to:

  • Copy, modify, reproduce, translate, localize, port, or create derivatives of any part of the Services;
  • Reverse engineer, disassemble, decompile, or attempt to discover the source code or structure of the Services;
  • Rent, lease, resell, distribute, or use the Services for commercial purposes not authorised by us;
  • Remove or alter any proprietary notices on the Services;
  • Engage in any activity that disrupts or interferes with the Services.

10.3 Ownership

Our property remains our property.

You agree that all content on the Services may be protected by intellectual property laws, including copyrights, trademarks, and trade secrets. We may own the content, or it may be made available through arrangements with third parties. The content made available via the Services is our exclusive property and is protected by copyright laws. You agree to use the content only as permitted under these Terms and applicable laws. Any rights not explicitly granted to you in these Terms are reserved.

10.4 Sub-Domains

Any sub-domains associated with our website are our property.

We may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].motionmate.com.au) for one or more of your Motionmate events. These sub-domains remain our property, and we reserve the right to control the appearance, design, functionality, and all aspects of such sub-domains. If we provide you with a sub-domain, your right to use it will remain in effect as long as you are actively organising events through the Services and comply with these Terms. If we terminate your right to use a sub-domain for any reason, we will assign you a new sub-domain.

11. Your Rights to Submit a Copyright Takedown Notice

What to do if you believe your copyrights are being violated.

If you are the copyright owner or an authorised agent of the copyright owner and you believe that any content on Motionmate infringes your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA").

12. Fees and Refunds

12.1 Fees

Creating an account on Motionmate is free. These fees may vary based on individual agreements with certain Organisers. Organisers may decide whether these fees will be passed on to Consumers, displayed as "Fees" on the event page, or absorbed into the booking price, with the Organiser covering the cost from the event proceeds.

In addition to our platform fee, there may be other charges applied by third parties, including facility fees, royalties, taxes, processing fees, and fulfilment fees. The total fees paid by Consumers may differ from the fees charged to Organisers or the standard fees outlined on the platform.

Motionmate also charges a platform fee, and there are additional card fees applied by Stripe for payment processing.

Please note that we do not control, and cannot disclose, any fees levied by your bank or credit card company, including foreign currency charges or international transaction fees. We recommend checking with your bank or credit card company for information on applicable fees, credit card surcharges, and currency conversion rates before making a booking.

12.2 Refund Requests

If a player wishes to request a refund, they should contact the event Organiser directly. The player must not use a spot that has been refunded, and the Organiser must ensure that invalid bookings are not accepted.

Refund requests are handled between the player and the Organiser. Players should contact the applicable Organiser for assistance with refund requests.

If a player receives a refund for their booking, they must discard the booking and not use it (or any copy of it) to attend the event. Using a refunded booking to attend an event constitutes fraud.

Organisers must ensure that the proper procedures for verifying the validity of a booking are followed. This includes checking in players through the Motionmate platform.

Motionmate will not be liable for any costs arising from the Organiser’s failure to follow the necessary procedures for ticket verification. We are also not liable for any costs or damages resulting from fraudulent activities or bookings made through non-official channels, such as third-party platforms.

13. Your Account with Motionmate

13.1 Do's and Don’ts

When you create an account with Motionmate or use our Services, you must provide accurate information and follow these rules.

To access certain features or functions of our Services, you may be required to create an account. By doing so, you agree to the following:

  • Motionmate's Services are not intended for children. You must be of legal age in your jurisdiction to use our Services.
  • You agree to provide accurate, current, and complete information about yourself, or if using the Services on behalf of an entity, that entity (the "Registration Data"). You must update your Registration Data promptly if any changes occur.
  • In case of a dispute over account ownership, Motionmate will act as the sole arbiter. Our decision, which may include the suspension or termination of the account, will be final and binding.
  • If you use the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant us all necessary permissions and licenses as outlined in these Terms.
  • We may allow you to grant access to third parties, such as "sub-users," "sub-accounts," or other credentialed users. You are fully responsible for all activities under your account, including actions by sub-users. You must ensure that your password and account details are kept confidential, and all rules that apply to your account will also apply to anyone you give access to.
  • You must immediately notify us if you suspect any unauthorized use of your account or password, or if there is any other breach of security. You are responsible for all activities that occur under your account.
  • You will not use the Services to collect sensitive personal information, such as health data, social security numbers, payment card information, or passport numbers, unless expressly permitted by these Terms or with written consent from us.

14. Your Content and Your Trademarks

14.1 Rights and Responsibilities

You retain full ownership of your content and trademarks, but by using Motionmate's Services, you grant us certain rights to use them.

  1. Responsibility for Your Content and Trademarks

    You are solely responsible for your content and trademarks. By using the Services, you grant Motionmate a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to:

    • A. Access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on:
      • i. Your content, in whole or in part, in any media, for:
        • - The purpose of operating the Services (including promotional and marketing purposes, which may include promoting you and your events on third-party websites or media, including our event distribution partners and our social media platforms);
        • - Motionmate’s internal purposes (such as employee or shareholder communications); and
        • - When you give permission, for the purpose of promoting Motionmate or our Services.
    • B. Use your trademarks:
      • - In connection with the use of your content; and
      • - For identifying you as an existing or past customer of Motionmate, both on the platform and in marketing, advertising, and promotional materials.

Motionmate does not claim ownership of your content or trademarks, but these licenses are essential for us to provide the Services and promote your events effectively. For example, if you submit your logo or other images related to your events, we may display them on our website and resize them to fit our platform. We may also use them for marketing purposes to promote your events. We might feature details from your events in a blog, case study, or shareholder communication to highlight the impact of your events.

By using the Services, you waive any and all moral rights in connection with our use of your content as outlined in this section. You retain ownership of your content and trademarks, and nothing in these terms transfers ownership or restricts your rights to use and exploit your content and trademarks outside the Services.

14.2 Representations

You represent that you have the authority to grant us the rights described above.

You further represent and warrant that you have all necessary rights, power, and authority to grant the license, and that your content and trademarks:

  • Do not infringe, violate, or conflict with the rights of any third party;
  • Comply with all applicable laws, rules, and regulations; and
  • Do not violate these Terms.

14.3 Content Rules and Guidelines

Your content must comply with our rules and guidelines.

  1. Your content must be accurate and truthful. Motionmate reserves the right to remove any content if we believe it violates these Terms, our Community Guidelines, or for any other reason. We may also display your content and trademarks alongside other site content or third-party content, including similar or competing content, and we do not guarantee exclusivity in any category. The Services are non-exclusive, and we may preserve and disclose your content, trademarks, and other data associated with your account as required by law, or in good faith to:
    • A. Comply with legal processes;
    • B. Respond to claims that your content or trademarks violate third-party rights;
    • C. Enforce or administer these Terms; and/or
    • D. Protect the rights, property, or personal safety of Motionmate, our users, or the public, including for fraud prevention.

You understand that the technical processing and transmission of the Services, including your content and trademarks, may involve transmissions over various networks or changes to comply with technical requirements.

15. Notices

Here’s how to notify us.

Notices may be sent to you by email or other communication methods via the contact information provided in your account. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.

If you wish to contact us or deliver any notice(s), you can do so via email at admin@motionmate.com.au

16. Modifications to the Terms or Services

We may modify these Terms from time to time and will notify you of material changes.

We reserve the right to modify these Terms (including the Privacy Policy and any applicable agreements) from time to time (collectively, "Modifications"). If we believe any Modifications are material, we will notify you through one (or more) of the following methods:

  • A. posting the changes through the Services;
  • B. updating the "Updated" date at the top of this page; or
  • C. sending you an email or message about the Modifications.

Material Modifications will be effective thirty (30) days following the "Updated" date, unless a different date is communicated in our notice to you. All other Modifications will be effective immediately.

You are responsible for reviewing any Modifications. Your continued use of the Services after any Modifications will be considered your acceptance of those Modifications and the updated Terms.

17. Assignment

We may assign our rights and obligations under these Terms.

We may, without your consent, freely assign these Terms and our rights and obligations under them, whether to an affiliate or another entity, in connection with a corporate transaction or for other reasons.

18. Entire Agreement

These Terms constitute the entire agreement between you and Motionmate.

Except as otherwise stated in these Terms, they represent the entire agreement between you and Motionmate and govern your use of the Services, superseding any prior agreements, discussions, or communications, unless we have entered into a separate written agreement for specific services or events.

19. Applicable Law and Jurisdiction

Disputes that cannot be resolved under our arbitration agreement will be resolved in the courts of Victoria, Australia, under Australian law.

These Terms are governed by the laws of the State of Victoria, Australia, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of Australia, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

Motionmate is based in Victoria, Australia. Any legal action against us related to our Services and not subject to the arbitration provisions in these Terms will take place in Victoria. By agreeing to these Terms, you submit to the personal jurisdiction of the state or federal courts (as applicable) in Victoria, Australia.

20. Feedback

We may use any feedback you provide.

We welcome and encourage you to share feedback, comments, and suggestions for improving our Services, as well as feedback, comments, and ratings regarding the events and services provided by third-party Organisers (collectively, "Feedback"). Any Feedback you submit will be treated as non-confidential and non-proprietary. By providing Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, publish, and exploit your ideas and materials for any purpose, with or without attribution to you, and without compensation. We may also collect testimonials, ratings, and reviews about our Services, Site Content, and, if you are an Organiser, your events and content. These testimonials, ratings, and reviews will be considered Feedback. We retain full discretion over how, when, and where Feedback is shared or published.

21. Scraping or Commercial Use of Motionmate Content is Prohibited

You cannot use our content for commercial purposes.

You do not have the right to, and agree not to, use any content from Motionmate for your own commercial purposes. You are also prohibited from scraping, crawling, or using any automated methods to extract data from the Motionmate platform.

22. Third-Party Websites; Linked Accounts; Third-Party Offers

We are not responsible for third-party websites or content that you access.

Our Services or Users may provide links to other websites or online resources. As we have no control over these external websites and resources, you agree that we are not responsible for their availability. We do not endorse, and are not liable for, any content, advertising, offers, products, services, or other materials available on or through these third-party websites or resources. We are also not responsible for any damages or losses resulting from them, even if these websites or resources are affiliated with our partners or third-party service providers. For example, if you purchase sports insurance through a third-party provider via our site, your relationship will be with the third-party provider, not with us.

23. Additional Miscellaneous Provisions

A few more legal points before you finish.

If we do not enforce any part of these Terms, it does not mean we waive our right to enforce that or any other part later. Unless explicitly stated otherwise in these Terms, exercising any of our remedies will not prevent us from exercising other remedies under these Terms or otherwise. No oral waiver, amendment, or modification of these Terms will be valid. If any part of these Terms is found to be unenforceable, it will be limited to the minimum extent necessary, and the rest of these Terms will remain fully in effect. Section titles and subtitles are for convenience only and have no legal or contractual effect; they do not constitute legal advice. When we say that Motionmate "may" or has the right to take an action, it means we can, but are not required to, exercise those rights or take the action, at our sole discretion. Any decisions or actions taken by us under these Terms are at our sole discretion. "Including" means "including, but not limited to." When we state that you "will" take an action, it means you are agreeing to take that action and are required to do so. Your obligations, duties, warranties, representations, releases, and waivers under these Terms also apply to your Affiliates. No independent contractor, agency, partnership, joint venture, or similar relationship is created by these Terms. We may assign any of our rights and obligations under these Terms at our discretion. We may translate these Terms into other languages for your convenience, but if there is a conflict between the English version and a translated version, the English version will prevail.

By agreeing to these Terms, you submit to the personal jurisdiction of the state or federal courts (as applicable) in Victoria, Australia.

If you have any questions or concerns, please contact us at admin@motionmate.com.au.