Terms and Conditions of Membership and Use
Welcome to RISE.
Rise is an online mindfulness, wellness and movement (fitness) platform and app anchoring movement to mindfulness. Our holistic approach is designed to strengthen the mind body connection and invite explorative qualities into how we experience our bodies.
Rise provides pre-recorded digital yoga, meditation, mindfulness, stretch, stretch meditation, stretch affirmation, strength, high intensity interval training (HIIT), embodiment, affirmation and breathwork classes. In addition, to written articles published on the Rise website / platform and app, as well as other contexts.
ACCEPTANCE OF TERMS AND CONDITIONS OF MEMBERSHIP AND USE
This page sets out the terms and conditions (Terms) on which we, Rise Movement Co Pty Ltd. (ACN 659 907 276, ABN 9265 990 7276) (we, us, Rise, Rise Practice, Rise Movement or Rise Movement Space) provide Services to our members. Please read these Terms carefully, because in subscribing to Rise and using our services, whether it be through a mobile device, mobile application, app, computer or other means, you agree to be bound, and to abide by (a) these terms and conditions of use, (b) our privacy policy and (c), any RISE Community Rules. You also agree to be bound and abide by any terms of use of additional features, products or services to which you elect to subscribe.
DEFINITION OF TERMS
1.1 Service(s): means the pre-recorded digital yoga, meditation, mindfulness, stretch, stretch meditation, stretch affirmation, strength, high intensity interval training (HIIT), embodiment, affirmation, breathwork and fitness classes / practices provided through internet streaming services, our Website, our app, our YouTube channel, our Facebook page, Instagram or other mediums as may be employed from time to time.
1.2. Rise: Rise Movement Co Pty Ltd. (ACN 659 907 276, ABN 9265 990 7276), being a company registered in Victoria, Australia.
1.3. Your Submissions: means any post, submission, photo, video or other content uploaded or otherwise made available through the Service by you.
SERVICE ACCESS AND TERMS
2.1. When you use Rise and / or register an account, and as a condition of using our Service(s) you must provide us with personal information such as your name and email address. We may also request additional personal information such as:
Your age (or age range),
Gender
Health information
We will handle all personal information we collect in accordance with our Privacy Policy www.risemovement.space/privacy-policy
2.2. Accounts, Registration and Password: If you decide to create an account with Rise, we will provide you with a username (you will need to enter a valid email address as a username). You are responsible for keeping this username and password secure and are responsible for all use and activity carried out under this username. You must not share, give or sell your username or password to any person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of the Services, which may result in the cancellation of your access to the Services without refund. When purchasing access to any Services, you must take all actions possible to protect your username and password from fraudulent use.
2.3. Acceptance of terms: By registering as a member of our platform and app, you indicate that you accept these Terms. If you do not accept these Terms, you should not use any part of the Service or functionality of the Rise website, app or platforms.
2.4. Revision of terms: We may revise these Terms at any time. You should check the website and our platforms regularly to review the current Terms. You will be subject to the terms and conditions in force at the time that you use the Service(s).
2.5. Responsibility: You are responsible for making all arrangements necessary for you to have access to our Services, including any fees or costs associated with any hardware, equipment, software, services and/or carrier fees required. You are also responsible for ensuring that all persons who access the website, platform and our Service(s) through your device or account are aware of these Terms and that they comply with them.
2.6. Age Restriction:
(1) The Service is generally only available to individuals 18 years of age or older who have full capacity to enter binding contracts on their own behalf or on behalf of those individuals under 18 years of age for whom they have legal responsibility.
(2) In the event an application is made to create an account in the name of a user aged under 18 years, separation application must be made by email to: hello@risemovement.space with such request, and evidence of consent and assumption of liability for all fees incurred by the user must be provided by completing and returning our ‘Parent/Guardian consent authority.’
Membership and Fees
3.1. You acknowledge and agree that:
3.1.1. You must pay the Membership fee for use of our Services at the time of Registration (inclusive of any taxes as may be relevant from time to time) (“Membership Fee”);
3.1.2. You must pay the Membership Fee in accordance with the billing frequency specified at the time of Registration (Due Date);
3.1.3. Your Membership will automatically renew (annually, quarterly or monthly) on the Due Date unless cancelled in accordance with this clause 3.
3.1.4. The Membership Fee is subject to review by us and may be varied by notice in writing to you not less than thirty (30) days prior to the Due Date, and you agree that such notice may occur via email or by other reasonable means.
3.3. All prices are in Australian Dollars (AUD (we list rough indications of the cost in foreign currency - however you will be charged in AUD)).
3.4. Payment of the Membership Fee may be processed by us or by third parties on our behalf. Your payment details must be verified before your Membership can be activated. If your initial payment authorisation is revoked, your Membership will be terminated.
3.5. Payment of the Membership Fee will be direct debited from your nominated financial institution or payment method. It is your responsibility to provide valid payment details and ensure that your payment details are up to date.
3.6. If a payment of the Membership Fee is rejected, invalid or otherwise unsuccessful, your Subscription may be automatically cancelled.
3.7. All payments made are non-refundable unless an application is made by the user, and an entitlement to refund in conformity with rights afforded under Australian Consumer Law (ACL).
3.8. You may cancel your Membership by:
3.8.1. providing written notice to us by email to: hello@risemovement.space or
3.8.2. selecting the ‘unsubscribe’ option through Account Settings on the Rise website. A confirmation email will be sent to you to confirm your membership cancellation https://rise-practice.com/account/profile or in the account settings on the app.
3.9. Any cancellation of the subscription by you will take effect at the end of the period to which the Membership Fee relates.
3.10. Upon cancellation of the subscription, you will no longer be permitted to have access to or the benefit of the Service(s) at the end of your paid subscription period.
3.11. You acknowledge and agree that we may terminate your access to the Service(s) in accordance with these Terms at any time and you accept that where any such termination occurs, there is no refund available for the Membership Fee.
3.12. Rise, at its sole discretion, may make promotional offers with different features and different pricing to any of Rise’s members or potential members. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4. FREE TRIALS
4.1 We may provide a free trial subscription for a fixed period of time, as determined by Rise in its sole discretion. Unless otherwise stated, free trials are only available to new users, and we reserve the right to cancel any trial subscription immediately if we become aware that the subscriber has already had a trial subscription on a different user account or using a different email address. Furthermore, any attempts to register for a further free trial on the same user account or using the same email address may result in you being charged for the applicable subscription fees.
4.2 After the trial, your subscription will renew automatically at the full subscription price unless you cancel your subscription before the end of the trial. To cancel your subscription during the trial, select the ‘unsubscribe’ option through Account Settings on the Rise website. A confirmation email will be sent to you to confirm your membership cancellation.
SERVICE ACCESS
5.1. Service availability: While we try to ensure our web services and streaming are available twenty four (24) hours a day, we do not undertake any obligation to do so, and we will not be liable to you if our website is unavailable or otherwise not fully or properly functioning at any time or for any period.
5.2. Suspension of access: In the event of breach of these terms and conditions, your Membership may be suspended at any time and without notice.
5.3. Information security: The transmission of information to or via our website and associated servers and computer networks is not completely secure. Although we take the steps required by law to protect your information, we cannot guarantee the security of your data transmitted and any transmission of information or data is at your own risk.
INTELLECTUAL PROPERTY
6.1. All of the patents, trademarks, logos, trade names, rights in domain names, copyrights, moral rights, design rights, database rights, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions (whether or not patentable) and other similar intellectual property rights (whether registered or not)) and applications for such rights as may exist anywhere in the world (collectively, "Intellectual Property Rights") in the Platform and the material published on and through it (except the Contributed Content) are owned by Rise Movement Co PTY LTD, its licensors and other providers of such material and are protected by Applicable Laws. You may not engage in any activity on or through the Platform, including transmitting or using Contributed Content, that infringes or otherwise makes unauthorised use of another party’s Intellectual Property Rights6.1.1 The Service(s), including, without limitation, all design, text, images, photographs, illustrations, artwork, graphic material, code, content, protocols, software, and documentation (IP) provided to you by us, are our property or the property of our licensors and are protected by copyright, trademarks and other proprietary rights and laws relating to intellectual property. Nothing contained in the Terms should be construed as granting, by implication, estoppel or otherwise, any license or right to use the IP without our express prior written consent.
WHERE WE PROVIDE A FACILITY FOR ONLINE SUBMISSIONS
6.2. You represent and warrant to us that, with regard to your submissions:
6.2.1. You own or have the necessary licences, rights, consents and permissions to use, and irrevocably authorise Us to use, all patent, trademark, trade secret, copyright and other proprietary rights in and to any and all of your submissions to enable their inclusion and use in the manner contemplated by us and these terms and conditions of use; and
6.2.2. you have the written consent, release and/or permission of each and every identifiable person in your submissions to use their name or likeness to enable inclusion and use of Your Submissions in the manner contemplated by us and these Terms.
6.3. You agree that your submissions will not:
6.3.1. include material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy rights, unless you are the owner of such rights or have permission from the proper owner to post the material and to grant us all of the rights granted in these terms and conditions of use;
6.3.2. publish falsehoods or misrepresentations that could damage us or any third party;
6.3.3. include material that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or which encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law or which is otherwise inappropriate; or
6.3.4. post advertisements or solicitations of business.
6.4. We also reserve the right, for any reason, to remove or not publish any or all of Your Submissions and to remove content posted by you without prior notice.
6.5. You understand and acknowledge that, when you submit content in any form to the Services, we may authorise such content to be distributed or syndicated to or published on other Rise Movement owned or operated environments or the web platforms of any of our affiliates.
6.6. You indemnify us, and will keep us indemnified, against any breach of this Section 6 and against any claim or action by a third party, and any liability, cost, expense or charge of any kind whatsoever in connection with any such claim or action, that the third party’s intellectual property rights have been breached in any way whatsoever.
6.7. You have rights if you believe your copyright is being infringed. If you are a copyright owner and believe that any of Services infringes your copyright, please contact us at email: hello@risemovement.space
6.8. We acknowledge that all personal information provided by you remains your property.
DISCLAIMERS – MEDICAL
You should be aware that there are inherent health risks to exercise, including risk of injury. By accessing our Service(s), you further acknowledge and agree that your performance of any and all exercises or activities is wholly at your own risk. Neither Rise, its directors, other officers, employees, shareholders, agents and affiliates and other content providers will be liable for any physical or mental injury or illness that may result, whether directly or indirectly, from any of our classes. While we may provide guidelines such as descriptions, pictures, or videos describing how to perform specific exercises or activities, you assume sole responsibility for performing those exercises or activities with proper form, as risk of injury or illness increases with improper form. We encourage you to seek multiple sources of information regarding how to perform each exercise correctly, especially if you are new to any of the forms of training or activity.
We recommend you seek guidance from a medical doctor or other qualified health care practitioner if you are pregnant, have asthma, or have any preexisting injuries or conditions that may compromise your breathing, or that might otherwise interfere with your engagement with our Service(s) and the activities you choose to undertake.
You must discontinue any activity if at any time you experience faintness, dizziness, pain, discomfort, bleeding, or shortness of breath, feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of unexplained pain or symptoms.
7.1. The Service(s) include information and instructions relating to yoga, meditation, mindfulness, stretch, stretch meditation, stretch affirmation, strength, high intensity interval training (HIIT), embodiment, affirmation and breathwork and fitness classes, and some of the products and services available through the Services relate to such topics. You acknowledge and agree that the disclaimers in this clause 7 apply to all such information, instructions, products and services.
7.2. Before participating in any yoga, meditation, mindfulness, stretch, stretch meditation, stretch affirmation, strength, high intensity interval training (HIIT), embodiment, affirmations and breathwork and fitness classes, products or services that may be described and/or made accessible in or through the Service(s), we again strongly recommend that you consult with a medical practitioner or other healthcare provider. Rise, its directors, other officers, employees, shareholders, agents and affiliates and other content providers are not licensed medical practitioners, are not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining or treating medical conditions, or in determining the effect of any specific exercise on a medical condition.
7.3. Rise and the Service(s) are not substitutes for medical advice from your doctor or healthcare provider. We make no warranties or representations, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information, content, product or service contained in the Service(s).
7.4. Health advice is often subject to updating and refining due to medical research and developments. We are committed to bringing you the most up to date information, however We give no guarantee or assurance whatsoever that the information or content that are part of the Service(s) is the most recent on any particular subject.
7.5. You should never disregard medical advice or delay seeking it because of a statement you have read or heard on by Rise and/or in any Service(s). Rise and the Service(s) should not be used in lieu of advice given by qualified medical professionals, such as your doctor, allied health provider or registered dietitian. It is important that the Service(s) are used only in conjunction with qualified medical guidance. You are encouraged to consult with your health care provider with any questions or concerns you may have regarding any health condition before starting any yoga, meditation, mindfulness, stretch, strength, high intensity interval training (HIIT), embodiment and breathwork and fitness classes or program or making changes to your diet in order to determine whether the Service(s) are appropriate for you.
7.6. We take reasonable precautions to ensure that the Service(s) are safe. However, you acknowledge and agree that, when participating in any yoga, meditation, mindfulness, stretch, stretch meditation, stretch affirmation, strength, high intensity interval training (HIIT), embodiment, affirmation and breathwork and fitness classes, or when using any fitness products or Service(s), there is the possibility of physical injury and death. Given the disclosures and disclaimers by us, you assume the risk and responsibility for any such results or outcomes.
7.7. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes or have any other physical or medical condition, it is imperative that you seek the advice of a medical practitioner before using any information, goods, services, diet, exercise or fitness program available, advertised or sold on or through the Services, and prior to participating in any yoga, meditation, mindfulness, stretch, stretch meditation, stretch affirmation, strength, high intensity interval training (HIIT), embodiment, affirmations and breathwork and fitness classes. If you experience any discomfort, pain or other unexpected side effect during a diet, exercise, fitness program or other activity you must immediately cease the activity and seek the assistance of a physician.
7.8 You are responsible for your own safety and are participating in this fitness activity at your own risk. You will not exceed the exercise recommended by your physician or health care provider. You know that you need to stop exercising immediately and seek medical advice if at any time during or after having undertaken any exercise as part of any workouts, you experience faintness, dizziness, pain, discomfort, bleeding, or shortness of breath, feel generally unwell or experience pain or discomfort, lower back or abdomen pain, or any other form of pain or symptoms (including without limitation any symptoms that your doctor, physician, obstetrician or other medical professional advised you of prior to engaging in Rise programs, or at any time thereafter).
DISCLAIMERS – GENERAL
8.1. Application information: We may make changes to the material on the website, platform or the Service(s) offered by us, at any time without notice.
8.2. Viruses and Malware: Rise does not represent or warrant that the website, platform, our web services our any Service(s) downloaded or streamed from our website are free from computer viruses, worms, trojans, malware or any other defect or error which may affect your software or systems. You should protect your software, devices and systems by installing and implementing your own security and system checks.
8.3. Exclusion of terms: We provide you with access to the website, platform and Service(s) on the basis that, to the maximum extent permitted by law, including the Australian Consumer Law, we exclude all representations, warranties, conditions, undertakings and other terms (including any representations, warranties, conditions, undertakings and other terms which might otherwise apply, or be otherwise implied or incorporated into these terms and conditions, by statute, common law or otherwise).
8.4. We are not responsible for and do not necessarily hold the opinions expressed by any content contributors. Opinions and other statements expressed by users of the Service(s) and third parties (e.g. bloggers) are theirs alone, not opinions of Rise. Content created by third parties is the sole responsibility of the third party and Rise does not endorse, warrant or guarantee its accuracy and/or completeness.
LIABILITY
9.1. General: Nothing in these Terms excludes or limits our liability for any liability which cannot be excluded or limited under applicable law, including the Australian Consumer Law. Nothing in these Terms affects your statutory rights, including rights relating to the consumer guarantees applicable to the supply of services under these Terms and Conditions of Membership and Use.
9.2. Exclusion of liability: Subject to your statutory rights under the Australian Consumer Law more generally, we will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Rise website, platform or Service(s) (including the use, inability to use or the results of use of the Service(s) or platform) for resulting from any violation by you of these terms and conditions, or any breach of your responsibilities, representations and warranties.
9.3. Additional costs: You assume full and sole responsibility for any additional or associated costs that you may incur in connection with or as a result of use of our website, platform or Service(s), including without limitation costs relating to the servicing, repair or adaptation of any equipment, software or data that you may own, lease, license or otherwise use.
9.4. Indemnity: You agree to indemnify and hold Rise and applicable affiliates, officers, directors, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on an indemnity basis, made by any third party due to or arising out of your breach of these Terms and Conditions of Membership and Use, your use of the Rise website, platform or Service(s) and the terms and policies it incorporates by reference, or your violation of any law or the rights of a third party.
ENDING ACCESS AND REMOVING CONTENT
10.1. We reserve the right to, without notice and for any reason deemed appropriate by us:
10.1.1. terminate your access to the Service(s);
10.1.2. remove any information or other content from the Service(s);
10.1.3. prevent access to the Service(s) by you or any other user or group of users; or
10.1.4. intercept, remove or alter any content stored on the Service(s).
10.2. Exercise of these rights will not prejudice or affect our accrued rights, claims or liabilities under this policy. The provisions of this policy dealing with intellectual property, privacy and consequences of termination survive the exercise of these rights and may be enforced at any time.
WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, platform or using our Service(s), you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website or platform. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
ADDITIONAL TERMS
12.1. Severability: If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12.2. Entire agreement: These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.
12.3. No waiver: Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Terms and Conditions of Membership and Use will not be interpreted as a waiver of your or our rights or remedies.
12.4. Assignment: You may not transfer any of your rights or obligations under Terms and Conditions of Membership and Use without our prior written consent. We may transfer any of our rights or obligations under these Terms without your prior written consent to any of our affiliates or any business that we enter into a joint venture with, purchase or are sold to.
12.5. Headings: The headings in these terms and conditions are included for convenience only and shall not affect their interpretation.
GIFT VOUCHERS.
13.1. Gift Vouchers are valid for a period of 36 months from date of purchase, and vouchers must be redeemed within this period. Gift Vouchers are single use only.
13.2. Redemption of gift vouchers must be made online via the Rise website, https://www.risemovement.space/
13.3. The voucher number must be entered in the Gift Voucher field on the payment page along with payment details at the time of redemption.
13.4. Gift Vouchers may not be redeemed for cash. No credit or change will be given on the unused portion of the Voucher.
13.5. Gift Vouchers are not replaceable if lost, stolen or destroyed, photocopied or altered in any way and will not be accepted by Rise Movement or be otherwise redeemable.
13.6. Gift Vouchers are only redeemable for the purchased subscription length.
13.7. Gift Vouchers are valid for new users, expired users, or existing users. Gift Vouchers will override your expiration date, so we recommend waiting until the end of your current subscription period before redeeming your Gift Voucher.
13.8. Rise Gift Vouchers are only redeemable via our website for users who created their accounts via our website.
14. PERMITTED USES
14.1 Through membership and use of our Service(s), Rise grants users a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-transferable license to access and use the Service(s). This license is for the sole purpose of realising the objectives and benefits of membership as envisioned and intended by us and as otherwise permitted by this Agreement.
14.2 As a condition of access and use of our website, platform and Service(s), you agree not to:
use the website, platform or Service(s) or any content for any commercial or other purposes without our express written consent – such consent to be requested and obtained in advance,
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information without our prior written consent.
express or imply that any statements you make are endorsed by Rise or any other affiliated party.
use the website, platform or Service(s) in any way that could interfere with, disrupt or negatively affect our website, platform or Service(s) or the servers or networks connected to them.
“frame” or “mirror” any part of the website, platform or Service(s) without our prior written authorization.
use meta tags or code or other devices containing any reference to Rise or the service (or any trademark, trade name, service mark, logo or slogan of Rise or other affiliated entities) to direct any person to any other website for any purpose.
probe, scan or test the vulnerability of our website, platform or Service(s) or any system or network.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the website, platform or Service(s)or encourage, facilitate or permit others to do so without our express written consent.
use or develop any third-party applications that interact with the website, platform or Service(s) or other users’ content or information without our written consent.
encourage or promote any activity that otherwise violates this Agreement.
Notice is given that we, as the operators of Rise may investigate and take any available legal action in response to illegal and/ or unauthorized uses of our website, platform or Service(s), including termination of any member’s account.
15. DISPUTE RESOLUTION
15.1 If a dispute arises out of or relates to this Agreement, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
15.2 Notice:
A party to the Agreement claiming a dispute ('Dispute') has arisen, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
15.3 Resolution
On receipt of that notice ('Notice') by that other party, the parties ('Parties') must:
Within fourteen (14) days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, twenty eight (28) days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association, or other agreed provider or his or her nominee;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in at agreed location in Australia, and may, where agreed, or so determined by the mediator, be convened electronically.
15.4 Confidentiality:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence
SEVERABILITY
Notwithstanding that any provision, or part of a provision, of this Agreement may prove to be illegal or unenforceable pursuant to any statute or rule of law or for any other reason, those provisions, or part of a provision, are deemed omitted without affecting the legality of the remaining provisions which shall continue in full force and effect.
PRIVACY PROTECTIONS
The owners of Rise, and operators of the Rise website, platform and Service(s) respect your right to privacy and are committed to safeguarding the privacy of our customers and users in accordance with Victorian and Australian law as the governing jurisdictions. We also strive, where required, to comply with international privacy protections as apply in the locations where our users may be located. These include protections pertaining to the United States, Canada, United Kingdom, European Economic Area, and elsewhere, as detailed in our Privacy Policy.
GOVERNING LAW AND JURISDICTION
These Terms shall be governed by and construed in accordance with the law of Victoria, Australia. Disputes or claims arising in connection with this Agreement (including non-contractual disputes or claims) shall, in the event that they are not resolved by the Dispute Resolution mechanism set out in Clause 15, shall be subject to the exclusive jurisdiction of the courts of Victoria.
ADDITIONAL TERMS
If you live in one of the following countries or states, these Additional Terms apply and override any inconsistent terms in the Terms of Use:
AUSTRALIA
In this Section 1 (Australia) of these Additional Terms:
(a) Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
(b)Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and
(c) Consumer Guarantees means the statutory guarantees conferred in relation to the supply of goods or services to a Consumer under the Australian Consumer Law and other similar legislation of Australian states and territories.
Where you acquire as a Consumer:
(a) goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption, the operation of the Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted or modified; and
(b) other goods and services, we limit our liability for a failure to comply with any Consumer Guarantee as described in these Terms of Use, and we do not exclude or limit the operation of the Consumer Guarantees under any provision of these Terms of Use or in any other manner, and the parties agree it is fair and reasonable in all the circumstances for our liability to be so limited.
EUROPEAN ECONOMIC AREA, UNITED STATES, CANADA, UNITED KINGDOM AND ELSEWHERE
Section 2.6 (Eligibility) is replaced with the following:
By accessing or using our Services, you confirm that:
(a) you are of legal age in your country and not under 16 years old. In the case where you are resident in a province or jurisdiction where the legal age is 18 or 19 years old, you confirm that you are 18 or 19 years old or older (as applicable); and
(b) you have full power, capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the Platform.