USER TERMS AND CONDITIONS

These terms and conditions ("Agreement") form a legally binding agreement between Business For Life Pty Limited ABN 75 109 604 426 - Trading As Momentum Business Improvement Specialists, ("Momentum "we", "us" and "our") and the user who visits or uses Momentum’s website or subscribes to the portal ("you", "your").

This Agreement will be accepted by you commencing use of the website or any portal operated through the website after receiving a copy of this Agreement (this includes, without limitation, clicking "I accept" or similar, when viewing a copy of this Agreement at the time of first access to the website).

For the purposes of this Agreement 'services' means the online business coaching, training and mentoring service delivered by us through the portal and/or our website and any material provided through that coaching service [if any].

  1. Intended Use of Website
    1. All material on our website including but not limited to text, images, multimedia, advertisements and downloadable content is published by us or on our behalf and may be made available to worldwide audiences. If you access our website outside of Australia, you do so at your own risk and you must comply with the rules and regulations enforced by your relevant jurisdiction.
  2. Third Party Links
    1. We provide links on our website only as a convenience to you and the inclusion of any links on our website does not imply or constitute an endorsement by us of the link or the website to which it relates. Linked websites are not under our control and we are not responsible for the content of any linked site or any subsequent link contained in a linked site nor are we responsible or liable for any damage or loss caused by your visitation to or use of those linked websites.
    2. You must not create or maintain any link from another website to our website without our prior written consent.
  3. Logins and Passwords
    1. Upon acceptance of this Agreement and provision of the requested information to us you will be provided with a User ID and password.
    2. You are responsible for maintaining the confidentiality of any User ID, password and any other login details generated by or issued to you as a result of your use of our website, including passwords of any additional users linked to your User ID. You agree not to disclose your password to a third party. You are responsible for any orders made including all fees and other liabilities incurred through your User ID by you or any other person using your User ID.
    3. You agree to notify us immediately by emailing [email protected], if you suspect any unauthorised use of your account, User ID or password.
    4. We may suspend your User ID, password or other login details at any time without cause and without liability for any resulting loss or damage.
  4. Orders and delivery
    1. You acknowledge that, by accessing the portal you place an order for the services subject to the terms of this Agreement.
    2. We may decline to accept any order without providing a reason in its absolute discretion.
    3. If we accept your order we will provide you with the services by granting you to access the website and portal to view the material. You acknowledge that provision of such access will be deemed to be delivery of the services to you.
  5. Fees
    1. By placing an order for services, you undertake and agree to pay the associated fees advertised on our website (current at the time of your order).
    2. All orders are final and we will not be liable to refund the fees or any part of them following confirmation of your order and payment.
    3. By providing your payment details through the portal on otherwise on our website you irrevocably authorise and direct us to use those details to deduct or process all fees payable by you to us.
    4. Fees are exclusive of GST (as that term is defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth) and any related legislation). If any GST is imposed or payable on the Fees or other supplies made under this Agreement, then you will be liable for payment of the GST in addition to the Fees or supply. You must pay the GST amount at the same time and in the same manner as the Fees. The receipt that we issue you following payment will be a tax invoice in accordance with this legislation.
  6. Intellectual Property
    1. Intellectual Property Rights means all intellectual property rights at any time protected by statute or common law in relation to any portal, any Momentum website and any material displayed on the portal or website including all text, logos, graphics, sound or video recordings provided by us to you in accordance with this Agreement, including:
      1. the content of the portal and Momentum’s website/s;
      2. patents, copyright and any registered Intellectual Property rights (including rights in circuit layouts under the Circuit Layouts Act 1989 Cth) and similar rights in other countries in circuit layouts), registered designs, trademarks and goodwill;
      3. any application or right to apply for registration of any of the rights referred to above at ii;
      4. any moral rights as defined in the Copyright Act 1968 (Cth); and
      5. confidential information as may be applicable to the services and any specifications and to any advertising and promotional material and any technical materials and user manuals associated with the supply of the services and any specifications.
    2. You acknowledge that the Intellectual Property Rights have commercial value and are the property of us (or our ultimate licensor) absolutely.
    3. Apart from any third party material, all Intellectual Property Rights in our website and any material or content published on our website (as developed, amended or enhanced from time to time) are owned by and are vested in us. Nothing in this Agreement grants to you any form of ownership rights in, or transfers title to you or any other party of, any Intellectual Property Rights.
    4. Subject to the remainder of this Agreement, we grant to you a conditional, personal, non-exclusive, non-transferable, revocable, licence to use the Intellectual Property Rights for the sole purpose of, and only to the extent that it is required for, you accessing and view the content of the portal and our website/s for your own non-commercial purposes.
    5. Notwithstanding clause 6.4, you are not at liberty to recirculate, publish, broadcast, distribute, reverse engineer, decompile, amend, develop, modify or use for any other purpose any of our Intellectual Property Rights.
    6. Unless expressly authorised as a functionality of the portal or the website (such as where you are invited to download a workbook), you are not permitted to copy or download any material from the portal or the website.
    7. If you do amend, develop, modify or enhance any Intellectual Property, whether with or without our consent, all rights in that Intellectual Property as amended, developed, modified or enhanced will immediately vest in us absolutely. Where such vesting does not occur automatically upon creation, you will sign all documents and do all things reasonably required by us to effect such vesting in a timely fashion.
    8. You agree to notify us as soon as practicable upon becoming aware of an infringement or threatened infringement of our Intellectual Property Rights and to take reasonable steps requested by us in respect of that infringement.
    9. This clause survives termination of this Agreement.
  7. Personal Information and Privacy
    1. You consent to us, from time to time, seeking, advising, exchanging and verifying any of your personal or commercial information that you provide to us or that we otherwise collect with any third party and to carrying out any further pertinent investigation about your contact/address details, credit arrangements, trading terms, credit worthiness, credit standing, credit history or credit capacity, financial status etc. We have adopted a Privacy Policy governing our collection, use, storage and disclosure of personal information. You may view a copy of our Privacy Policy here: https://www.momentumbiz.com.au/privacy-policy
    2. You need not disclose your identity to us in order to use our website, however if you do not provide us with requested information (including your identity) we may not be able to provide the Services to you. In any event, our website may use “cookies” to collect anonymous traffic data from users who access our website. Our internet server may also automatically record details about any computer used to access the website (such as the IP address, domain name and browser type), the date and time of access, and details of the information downloaded. This information is used for internal statistical purposes and to improve our website.
  8. Termination
    1. This Agreement commencing on acceptance by you and remains in force until terminated pursuant to clause 8.2
    2. Either party may terminate this Agreement without cause by giving not less than 30 days written notice to the other.
    3. Notwithstanding the preceding paragraph, we may terminate this Agreement and/or suspend your access to the portal and our websites immediately at any time if you breach any provision of this Agreement.
    4. We reserve the right to terminate this Agreement or vary or limit the services we provide for any reason at our discretion. Where we terminate the Agreement pursuant to this clause we will provide a pro rata refund for any fees paid by you in advance of termination and will have no further liability to you in respect of that termination.
    5. Termination or expiry of this Agreement will not affect any accrued rights or liabilities of either party.
    6. Upon termination of this Agreement for any reason you must:
      1. without limiting any other obligations you may have under this Agreement or at law, immediately pay to us the total of all unpaid Fees and other amounts owing to us under this Agreement; and
      2. immediately cease using any Intellectual Property Rights licensed to you or otherwise accessed by you under this Agreement.
  9. User warranties and indemnity
    1. You promise to us that:
      1. You have satisfied yourself as to the suitability of the services for your purposes;
      2. You have full authority and capacity to enter into and comply with this Agreement; and
      3. You have not relied on any promise, warranty or similar incentive in respect of the services in entering into this Agreement.
    2. You indemnify us from any loss, costs, damage or expense (including reasonable legal fees incurred on a solicitor/own client basis) suffered or incurred by us as a direct or indirect result of your breach of this Agreement including the above warranties or your use of the portal or our website.
    3. This clause survives termination of this Agreement.
  10. Limitation of Liability & Disclaimer
    1. All material on our website is provided to you "as is" and "as available". The information contained on Momentum’s website is provided for the general interest and information of our Users.
    2. We take reasonable steps to verify the information published on our website, including via the portal, however we do not warrant or guarantee that the information provided will be relevant to your particular circumstances or will achieve any particular results, business growth, income or other success. You acknowledge and agree that the portal provides general non-specific business coaching information and mentoring and agree that you should seek specific legal, accounting, taxation or similar advice to ensure the Services are suitable for your particular purpose. You release us absolutely from any liability, loss, cost or expense that you may incur directly or indirectly from your use of or reliance on the portal or any information you obtain from the portal or Momentum’s website.
    3. To the maximum extent permissible by law and unless otherwise specified in writing, we do not warrant, guarantee or make any representations or warranties of any kind, whether express, implied or statutory in respect of the material published on our website and we expressly disclaim liability for errors, omissions or mistakes, misleading or incomplete information whatsoever.
    4. Without limiting the above, and whilst we promise to actively combat malicious activities, we do not warrant, guarantee or make any representations that our website will be safe from such behaviour including but not limited to viruses, hackers or denial of service attacks. Similarly, we cannot ensure the security of any information that you transmit to us over the internet or other electronic means. Furthermore, we do not warrant, guarantee or make any representations that our website will be fully accessible at all times and disclaim any loss or damages as a result of it being inaccessible or unavailable for any reason.
    5. To the maximum extent permitted by law, we disclaim liability for any damages, including, without limitation, direct or indirect, special, incidental, compensatory, exemplary or consequential damages, losses or expenses, including without limitation lost or misdirected orders or bookings, lost profits, lost registrations, lost goodwill, or lost or stolen programs or other data, however caused and under any theory of liability arising out of or in connection with:
      1. the use of our website or portal, or the inability to use our website or portal by you or any party; or
      2. any failure of or partial performance, error, omission, interruption, defect, delay in operation or transmission of any aspect of our website or portal; or
      3. line or system failure or the introduction of a computer virus, or other technical sabotage, even if we or our employees or representatives are advised of (or should be aware of) the possibility or likelihood of such damages, losses or expenses.
    6. To the extent permitted by law, our aggregate liability for any claims made under or in connection with this Agreement will be limited to the total fees paid by you to us under this Agreement.
    7. This clause survives termination of this Agreement.
  11. Force Majeure
    1. A Force Majeure event means anything outside of our reasonable control, including but not limited to power, data or communication outages, virus, sabotage; acts of God; industrial action (including a picket); and any legislation or regulation and any action or inaction of any government or government agency.
    2. If we are wholly or partially unable to perform our obligations under this Agreement because of a Force Majeure event then as soon as reasonably practicable after the Force Majeure event arises, we will notify you of the extent to which we are unable to perform our obligations and our obligation to perform will be suspended for the duration of the delay arising directly out of the Force Majeure event.
  12. General
    1. This Agreement contains the entire agreement of the parties concerning its subject matter.
    2. This Agreement supersedes any prior agreement between the parties concerning the subject matter.
    3. We reserve the right to amend these terms and conditions from time to time. We will give you reasonably notice of any amendments. You acknowledge that reasonable notice will be displaying the amended terms and conditions on Momentum’s website and notifying you of the existence of amendments upon your next login to the portal following those amendments. You will be deemed to accept the amendments if you continue to access and use the portal or the Momentum’s website after receiving that notice.
    4. Any failure by us to enforce any of our rights or entitlements under this Agreement at any time or for a period of time is not to be construed as a waiver of those rights and entitlements at any other time. Any waiver of any of our rights or entitlements under this Agreement must be given in writing signed by us.
    5. We may assign our rights and obligations under this Agreement without obtaining your prior consent. You may not transfer your rights and obligations under this Agreement without our prior written consent, which consent shall not be unreasonably withheld. All obligations of the parties shall be binding upon their respective successors or assigns.
    6. This Agreement is governed by the laws of the State of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of the New South Wales.
    7. If any stipulation of this Agreement is declared to be void or ineffective by any order or decree of any court, tribunal or other competent authority, then: that stipulation is taken to be removed from this Agreement; the parties must negotiate for a lawful stipulation or stipulations to replace that declared void or ineffective; and the parties must adjust the remaining stipulations of this Agreement to achieve the purposes of this Agreement as closely as possible to the original intention of the parties.