terms of use

These Terms of Use are effective as of 27th June 2023.

PLEASE READ THESE TERMS OF USE CAREFULLY.

These Terms of Use contain essential information about RMS Movement’s Platform and any associated fees. Notably, these terms encompass information about future amendments to the Terms of Use and Platform (refer to Clause 8), the acquisition and renewal of subscriptions to the Platform (refer to Clause 2), and constraints on liability (refer to Clause 7.1). The following supplementary terms may also apply:

Community Guidelines Addendum: The stipulations in the Community Guidelines Addendum are integrated into these Terms of Use and establish a legally binding agreement between you and RMS Movement when you register for or engage in the Community Forum.

Additional Terms: Residents of certain countries may be subject to the Additional Terms appended to these Terms of Use. In the event of any discrepancies, these Additional Terms will take precedence.

Welcome to the RMS Movement!

These Terms of Use, along with any other related documents that may be modified or supplemented over time, (collectively referred to as the "Terms of Use") are applicable to your utilization of and subscription to the RMS Movement website, RMS Movement mobile application ("RMS Movement App"), journal, forum, and any other products or services, all of which are components of RMS Movement's platform (the "Platform").

These Terms of Use are entered into by and between you, the user (hereinafter referred to as "User", "you", or "your") and RMS Movement and its affiliates, and supersede any prior terms and conditions that you may have agreed to with RMS Movement regarding the Platform.

By accessing or utilizing the Platform, you agree to be bound by these Terms of Use. The availability of the Platform to you is conditional upon your acceptance of these Terms of Use. If you do not consent to these Terms of Use, you must refrain from accessing or using the Platform.

For more information on RMS Movement's privacy practices, please consult our Privacy Policy, which can be accessed here: [Insert Link to RMS Movement’s Privacy Policy].

1. USER

1.1 Eligibility

By accessing or using the Platform, you confirm that you are of legal age in your jurisdiction, are not under 16 years of age, possess full power, capacity, and authority to abide by these Terms of Use, and have not been previously suspended or removed from using the Platform.

1.2 User Account Creation

To access specific features of the Platform, you must create a user account ("User Account") by providing your first and last names, an email address, a password, your date of birth, and any other information RMS Movement may request. You may also need to create a username for the forum hosted on the Platform. Ensure the information provided is accurate and up-to-date.

RMS Movement reserves the right to:

(a) Limit the number of User Accounts you can create or maintain;

(b) Establish additional conditions or requirements for creating or maintaining User Accounts; and/or

1.3 Security

You are responsible for safeguarding your User Account credentials and for all activities that occur under your User Account. RMS Movement is not liable for any loss or activity resulting from unauthorized access to your User Account due to your failure to secure your credentials.

Do not share your User Account credentials (including passwords) with anyone or allow others to access your User Account. Notify RMS Movement immediately at info@rmsmovement.com if you become aware of unauthorized access or security breaches related to your User Account.

1.4 Suspension and Termination

RMS Movement reserves the right to suspend or terminate your User Account at any time and for any reason, including if you violate any provisions of these Terms of Use, subject to applicable laws.

You acknowledge that these Terms of Use will continue to apply even if your User Account is expired or terminated, or if you have ceased using the Platform.

2. SUBSCRIPTION SERVICE

2.1 Subscription Options

Users have the option to subscribe to the Platform through various plans, which may include monthly, quarterly, or annual subscriptions, or any other plans that RMS Movement might offer occasionally. The respective subscription fees are displayed on the RMS Movement website (www.rms-movement.com) and the relevant app stores where the RMS Movement App is available for download.

If you are eligible for promotions or discounts, eligibility is determined at the moment of subscription and cannot be altered during the subscription period. It is the user’s responsibility to be aware of and comprehend the specific terms and conditions tied to promotions or discounts.

RMS Movement holds the right to modify subscription fees and available subscription packages at its sole discretion. Such modifications to subscription fees will be effective for subscriptions made after the effective date of the change.

2.2 Free Trials

RMS Movement may offer free trial subscriptions for a specified period, at RMS Movement's sole discretion. Unless stated otherwise, free trials are exclusively available to new users. RMS Movement reserves the right to cancel any trial subscription immediately if it is determined that the subscriber has previously availed a trial subscription with a different User Account or email address. Moreover, any attempt to register for an additional free trial using the same User Account or email address may result in charges based on standard subscription fees.

Following the trial period, your subscription will automatically renew at the full subscription rate unless canceled prior to the trial’s end. For cancellation instructions during the trial, refer to "Automatic Subscription Renewal" below.

2.3 Payment Information

Subscription fees can be paid through the RMS Movement App using credit card, or Stripe.

The total cost of your subscription and the currency in which it must be paid will be presented during the checkout process. Prices may differ based on your country of residence, determined by the IP address of the device used to access the Platform.

You are required to provide complete and accurate payment information when subscribing. By providing payment details, you assert your authorization to purchase the subscription using the provided payment method. If payment authorization fails or is later cancelled, RMS Movement may immediately terminate or suspend your subscription access. In caseof suspicious activity, RMS Movement reserves the right to contact the payment provider, bank, or relevant authorities.

Certain banks and credit card issuers may charge additional fees for foreign transactions or transactions in a foreign currency. Such fees are the responsibility of the user.

2.4 Automatic Subscription Renewal

Subscriptions will renew automatically unless canceled at least twenty-four (24) hours before the end of the current billing cycle. Subscriptions can be canceled anytime through your profile page by following the prompts for cancellation. After cancellation, you will continue to have access to the subscription services for the remaining paid duration.

2.5 Cancellation and Refund Policies

You may canel your Subscription by going to the account section of the RMS Movement App. Please note a refund will not be issued upon cancellation. We do not provide refund for unused subscription periods, accidental purhcases, medical conditions, or any similar reason or event, unless required by law to do so.

At the end of your paid Subscription period, we can then deactivate any account in your name, your membership of the App and archive any information about you, or your account, stored in our database as well as cease the provision of any information to you.

3. USE OF THE PLATFORM

3.1 By using the RMS Movement Platform, you affirm that you will not engage in any of the following activities:

(a) Unlawful Activity – any activity that: (i) involves proceeds from any illegal or unlawful activity; (ii) publishes, distributes, or disseminates any illegal or unlawful material or information; or (iii) otherwise violates or could potentially violate any laws, statutes, regulations, ordinances, or other legal obligations applicable to the access and use of the RMS Movement Platform ("Applicable Laws").

(b) Unauthorized Use – any activity that: (i) interferes with, disrupts, negatively affects, or inhibits other users from accessing or fully enjoying the RMS Movement Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs, or any other program that results in any technical glitch, malfunction, failure, delay, default, or security breach; (iii) attempts to gain unauthorized access, through password mining or other means, to other user accounts or computing systems or networks connected to the RMS Movement Platform; (iv) undermines the security or integrity of computing systems or networks on which the RMS Movement Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the RMS Movement Platform or the computer programs used to deliver the Platform; (vi) uses the account information of another person to access or use the RMS Movement Platform; or (vii) transfers access or rights to your account to a third party.

(c) Abusive Acts – any act that: (i) defames, abuses, extorts, harasses, stalks, threatens or otherwise violates or infringes the legal rights (such as, but not limited to, privacy, publicity, and intellectual property rights) of any other person; (ii) incites, threatens, facilitates, promotes, or encourages hate, racial intolerance, or violent acts towards any other person; or (iii) harvests or otherwise collects information from the RMS Movement Platform about other users, including addresses, phone numbers, email addresses, and credit card details.

(d) Fraud – any act that: (i) attempts to defraud RMS Movement or any other person; or (ii) provides false, inaccurate, or misleading information to RMS Movement.

3.2 Contributed Content

(a) You are solely responsible for all content or materials that you submit or upload to or through the RMS Movement Platform or to us (including any information contributed by you in respect of any blog, forum or chatroom, and any comments, feedback, or ideas that you send to RMS Movement) ("Contributed Content") and you expressly agree not to submit or upload any Contributed Content which:

(i) advertises or promotes any services or brands (with respect to you or any third party);

(ii) contains material that is defamatory, discriminatory, obscene, indecent, abusive, racist, offensive, harassing, violent, hateful, inflammatory or is otherwise objectionable or illegal;

(iii) you know to be untrue or dishonest, or which spreads false or misleading statements;

(iv) you do not have the right to submit or upload, including content that may infringe any intellectual property rights of any party;

(v) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;

(vi) contains the personal details or confidential information of any third party unless that third party has expressly consented to such use and disclosure;

(vii) contains, or links to, viruses, corrupted data or other harmful, disruptive, or destructive files;

(viii) constitutes unsolicited promotions, campaigning, advertising, or solicitations, or other content that constitutes "spam";

(ix) may expose RMS Movement or other users to any harm or liability of any kind; or

(x) is contrary to any Applicable Laws.

(b) RMS Movement reserves the right, but is not obligated, to monitor all conduct and content submitted to or through the Platform, and may at its sole discretion: (i) refuse to publish, remove, or disable access to Contributed Content that it deems violates these Terms of Use; or (ii) suspend or discontinue your ability to submit, post, or upload content to the RMS Movement Platform.

(c) You acknowledge and agree that some of your Contributed Content might remain publicly available on the RMS Movement Platform even after your account is closed or terminated, subject to your right to have your Contributed Content removed upon request in accordance with Applicable Laws.

(d) If you believe that any Contributed Content violates these Terms of Use or any Applicable Laws, including any copyright laws, you should report it to the RMS Movement team at info@rmsmovement.com

4. AVAILABILITY OF SERVICES, SECURITY

4.1 RMS Movement commits to exerting reasonable efforts to ensure the availability of the Platform to you. However, it should be noted that there may be occasions when access to the Platform is temporarily disrupted due to necessary maintenance, technical issues, network congestion, or unforeseen events beyond RMS Movement’s control. While RMS Movement will make commercially reasonable efforts to minimize any downtime, we do not assume any liability if the Platform or any portion of it becomes unavailable at any time or for any duration.

4.2 You acknowledge and agree that it is your responsibility to establish and maintain sufficient procedures and safeguards to meet your specific requirements for antivirus protection, data accuracy, and to preserve a way, external to the Platform, for recovering any lost data.

4.3 Furthermore, you acknowledge and agree that RMS Movement shall not be liable or responsible in any manner for: (a) your use of the internet to connect to the Platform or for any technical difficulties, system failures, or security breaches; (b) the hardware you employ to access the Platform, including issues arising from viruses, malicious software, or inappropriate content, and the integrity and safe storage of your data related to the Platform that is housed on your hardware; or (c) any charges you may incur for internet connectivity while using or accessing the Platform.

Should you become aware of any malfunctioning component of the Platform, or experience any significant malfunction or connectivity issue that adversely affects your access to or use of the Platform, you must promptly notify the RMS Movement team.

Users might also be required to download and install updates to maintain access to the Platform and its services. Failure to do so could result in certain services on the Platform becoming temporarily inaccessible until such updates are installed.

5. INTELLECTUAL PROPERTY, USE LICENSE

5.1 Ownership of the Platform by RMS Movement

All Intellectual Property Rights, including but not limited to patents, trademarks, logos, trade names, domain names, copyrights, moral rights, design rights, database rights, confidential information, and similar intellectual property rights globally, in the Platform and materials published on or through it (excluding Contributed Content), are owned by RMS Movement, its licensors, or other providers of such materials and are protected by Applicable Laws. Engaging in any activity on or through the Platform that infringes or makes unauthorized use of another party’s Intellectual Property Rights is prohibited.

5.2 License Granted to Users

You are granted a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use the Platform for your own personal use, under the following conditions:

(a) You may not copy, reproduce, republish, upload, post, modify, transmit, distribute, or use the Platform or its content for non-personal, public, or commercial purposes without obtaining prior written consent from RMS Movement.

(b) You may not remove or alter any copyright, trademark, or other proprietary notices from any part of the Platform.

RMS Movement reserves the right to monitor your use of the Platform and to modify or revoke your license or access to the Platform at any time and for any reason. Your license will terminate upon the expiration or termination of your User Account.

5.3 Contributed Content

(a) By submitting Contributed Content, you grant RMS Movement a non-exclusive, royalty-free, transferable, sub-licensable, irrevocable, perpetual worldwide license and right to use, distribute, reproduce, display, and make available such Contributed Content on and through the Platform (and across different media) for any purpose. Additionally, you waive (and agree irrevocably not to assert) any and all moral rights you may have in such Contributed Content globally.

(b) You warrant that you own or control all the rights

6. THIRD PARTY SERVICES AND CONTENT

In using the Platform, you may view content provided by third-parties, including links to web pages and services of such parties ("Third Party Content"). Unless expressly stated otherwise, RMS Movement does not control, endorse or adopt any Third Party Content and has no responsibility for Third Party Content including material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable in your jurisdiction.

Your dealings or correspondence with such third parties are solely between you and the third party. RMS Movement is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings, and you understand that your use of Third Party Content, and your interactions with third parties, is at your own risk.

If you access the Platform through or using any services or software provided by third parties, you acknowledge and agree that RMS Movement is not responsible or liable for any loss or damage of any kind incurred as a result of your use of such third party services or software.

7. LIMITATIONS OF LIABILITY, DISCLAIMER, INDEMNITY

7.1 Limitations of Liability

(a) RMS Movement shall not be held liable for: (a) death or personal injury caused by RMS Movement's negligence or that of its partners, as detailed in Clause 7.1(b); (b) fraudulent misrepresentation; (c) any circumstance that cannot be limited or excluded by law; or (d) indemnities as outlined in Clause 7.3 if applicable

(b) Unless stated otherwise:

(i) RMS Movement, including its affiliates, partners, shareholders, directors, officers, employees, agents, and suppliers (collectively, "Associated Parties") shall not be held liable for:

(A) any indirect or consequential loss; or

(B) loss of profit, business opportunities, anticipated savings, revenue, or goodwill, arising from breach of contract, tort (including negligence), or otherwise in connection with the use of the Platform or these Terms of Use;

(ii) the total liability of RMS Movement and the Associated Parties, whether through contract, tort, or otherwise, shall not exceed the greater of (a) the total amount paid by you to RMS Movement in the 12-month period prior to the first incident giving rise to the claim, or (b) USD 100.00.

7.2 Disclaimers

(a) The Platform and any products, services, or content provided by RMS Movement are offered “as is” and “as available” without any warranties, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. RMS Movement does not guarantee that the Platform is accurate, reliable, current, error-free, or free from viruses or other harmful components.

(b) Any feature on the Platform related to physical activity, nutrition, or wellness is for informational purposes only and should not be considered as medical advice or services. Before making changes to your diet or engaging in physical activity, it is advisable to consult a healthcare professional. RMS Movement is not liable for any harm or loss resulting from the use or inability to use features on the Platform.

7.3 Indemnification

You agree to indemnify and hold RMS Movement and the Associated Parties harmless against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or in connection with:

(a) your use of, or conduct related to, the Platform;

(b) breach of these Terms of Use or any other policy;

(d) violation of any laws or rights of any third party.

You shall cooperate as fully as reasonably required in the defense of any such claim or demand.

8. CHANGES TO PLATFORM AND TERMS OF USE

RMS Movement reserves the right to terminate, modify, or update any feature or part of the Platform and these Terms of Use at any time without notice. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.

9. GOVERNING LAW AND DISPUTE RESOLUTION

9.1 For queries, feedback, or complaints, please contact RMS Movement at info@rmsmovement.com. You can also use a ‘Contact Us’ form on the RMS Movement Website (https://www.rms-movement.com).

9.2 These Terms of Use (including a dispute relating to its existence, validity, or termination) and any non-contractual obligation or other matter arising out of or in connection with it are governed by New South Wales law. The courts of New South Wales have exclusive jurisdiction to settle any dispute arising from or connected with these Terms of Use.

9.3 If you are a consumer for the purposes of the laws of the country in which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms of Use, including this Clause 9, affects your rights as a consumer to rely on such mandatory provisions of local law.

10. GENERAL

10.1 Force Majeure

RMS Movement is not liable for failure to fulfill its obligations under these Terms of Use due to reasons beyond its reasonable control, including natural disasters, acts of God, war, strikes, or governmental restrictions.

10.2 Data Privacy

Your personal information will be used in accordance with RMS Movement's Privacy Policy.

10.3 Assignment

RMS Movement may transfer its rights and obligations under these Terms of Use to another entity. You may not transfer your rights or obligations under these Terms of Use without RMS Movement's written consent.

10.4 Severability

If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in effect.

10.5 Waiver

Failure by RMS Movement to enforce any provision of these Terms of Use does not constitute a waiver of such provision.

10.6 Relationship

These Terms of Use do not create a partnership, joint venture, agency, or fiduciary relationship between RMS Movement and you.

10.7 Third-Party Rights

These Terms of Use are for the benefit of you and RMS Movement; no other person has rights to enforce any term of these Terms of Use.

RMS Movement Community Forum Guidelines Addendum

The RMS Movement Community Forum is a dedicated space for individuals to connect with one another, share experiences, gain knowledge, gain and share motivation, and foster relationships to support their health and fitness journey. The RMS Team believes this is so beneficial to sustainable transformation. Therefore, it is essential that together we create an environement for everyone to thrive and feel supported.

Please adhere to the following guidelines which are part of the Terms of Use. Our Privacy Policy is also available for reference.

General Rules

Always maintain politeness and show respect towards fellow members.
Refrain from using profanity; moderation is in place.
No bullying, harassment, or malicious comments will be tolerated.
Do not post anything illegal, offensive, or NSFW (e.g. inappropriate images, unauthorized substances, etc).
Content promoting anorexia, self-harm, or suicide is strictly prohibited.
Avoid posting links to external sites that contravene these guidelines.
Spam, commercial advertisements, and self-promotion are not allowed.
Exercise caution when sharing personal information; do not post anything you would not want to be public. This forum is not private, and information can be accessed by anyone – refer to the 'Sharing Information in the RMS Movement Community Forum' section below.
Constructive discussions and healthy debates are welcome; however, content that is inflammatory or leads to arguments is discouraged.
RMS Movement does not endorse content posted by forum members and assumes no responsibility for the use of information shared in the forum.
If you come across a post that violates these guidelines, please flag it using the ‘report’ feature adjacent to the comment.

Failure to comply with these guidelines may result in the deletion of your posts or removal from the forum, as outlined in the suspension and termination section of the Terms of Use.

Sharing Information in the RMS Movement Community Forum

The Forum is public, meaning that anything you post, including your username, is accessible to anyone, even those outside our community.
Be aware that shared content can be captured via screenshots or reshared. Since the forum is public, information posted may be indexed by search engines (e.g., Google) and appear on websites and apps.
Exercise caution if you share identifiable information. We advise against posting sensitive personal information or information about others without permission.
RMS Movement holds no responsibility for the information you choose to share in the Forum.
If you opt to use your real name as your Forum username, be mindful that your posts can be personally linked to you.
If you link your Instagram account to your Forum profile, people may be able to find your Instagram page through the Forum and associate your posts with you personally.

ADDITIONAL TERMS FOR RMS MOVEMENT

If you are a resident of one of the following countries or states, these Additional Terms apply and supersede any conflicting terms in the Terms of Use:

1. AUSTRALIA

1.1 In Section 1 (Australia) of these Additional Terms:

(a) Australian Consumer Law refers to the definition given in section 4 of the Competition and Consumer Act 2010 (Cth);

(b) Consumer is defined as per section 3 of the Australian Consumer Law; and

(c) Consumer Guarantees refers to the statutory guarantees provided 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.

1.2 If you acquire as a Consumer:

(a) Goods or services typically used for personal, domestic, or household purposes, the Consumer Guarantees cannot be, and are not in these Terms of Use, excluded, restricted, or modified; and

(b) Other goods and services, RMS Movement limits its liability for non-compliance with any Consumer Guarantee as detailed in Clause 7.1(b) of these Terms of Use,

RMS Movement does not exclude or limit the application of Consumer Guarantees under any provision of these Terms of Use or otherwise, and both parties agree that it is fair and reasonable for RMS Movement’s liability to be limited in this way.

2. CANADA

2.1 Section 1.1 (Eligibility) is replaced with the following:

By accessing or using the RMS Movement platform, you affirm that:

(a) You are of legal age in your country and not under 16 years old. If you are a resident of a province or jurisdiction in Canada where the legal age is 18 or 19 years old, you affirm that you are 18 or 19 years old or older (as applicable); and

(b) You possess the legal capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the RMS Movement platform.

3. UNITED STATES OF AMERICA

2.1 Section 1.1 (Eligibility) is replaced with the following:

By accessing or using the RMS Movement platform, you affirm that:

(a) You are of legal age in your country and not under 16 years old. If you are a resident of a state or jurisdiction in the United States where the legal age is 18 years old, you affirm that you are 18 years old or older; and

(b) You possess the legal capacity and authority to agree to the Terms of Use and have not been previously suspended or removed from using the RMS Movement platform.

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