Terms & Conditions
Last Updated: October, 27, 2024
PLEASE READ THESE TERMS AND CONDITIONS COMPLETELY.
Giveaway Terms and Conditions
By participating in any giveaway or promotion offered by OnMotion, you agree to the following terms and conditions, which apply in addition to the main Terms and Conditions. Each giveaway may also include specific rules disclosed in the relevant promotional materials.
1. **Eligibility**: Entrants must be 16 years of age or older, have an OnMotion profile, and demonstrate active engagement with the app. This includes actively participating in app features and making a genuine effort to use the application.
2. **Entry Method**: Entries are only valid if submitted through the OnMotion web platform or mobile app. Other submission methods are not eligible for this giveaway.
3. **Referral Limits**: Each user is limited to five (5) referrals per giveaway session. Additional referrals beyond this limit will not qualify as valid entries.
4. **Point Allocation and Winner Selection**: Points are allocated based on specific engagement activities, including completing workouts, referring new users, and liking OnMotion’s social accounts on LinkedIn and Instagram. For each 100 points earned, entrants will receive one additional entry in the drawing pool, increasing their chances of winning.
Points are awarded as follows:
Completing Workouts: Earn 5 points for each exercise or 25 points for each personal record at workout completion.
Referrals: Earn 250 points per referral, up to five referrals per session.
Social Media Engagement: Earn 100 points for following or liking OnMotion on LinkedIn and Instagram.
5. **Prize Redemption**: Prizes must be claimed within 7 days from the date of winner notification. OnMotion reserves the right to substitute a prize of equal or greater value if the original prize is unavailable.
6. **Limitations of Liability**: By participating in the giveaway, entrants agree to release OnMotion from any liability or claims resulting from their participation or use of a prize, including but not limited to personal injury, property damage, or any type of loss.
7. **Privacy and Data Use**: Entrants consent to OnMotion's collection and use of personal data for the purposes of administering the giveaway, as described in the Privacy Policy. Entrants’ data will not be sold to third parties but may be shared with partners as necessary to fulfill prizes.
8. **Point Verification**: OnMotion reserves the sole discretion to determine the accuracy, validity, and intent behind points earned for giveaway entries. Points deemed inaccurate, fraudulent, or earned with misuse of the application may be invalidated at OnMotion's discretion.
1. **Eligibility**: Entrants must be 16 years of age or older, have an OnMotion profile, and demonstrate active engagement with the app. This includes actively participating in app features and making a genuine effort to use the application.
2. **Entry Method**: Entries are only valid if submitted through the OnMotion web platform or mobile app. Other submission methods are not eligible for this giveaway.
3. **Referral Limits**: Each user is limited to five (5) referrals per giveaway session. Additional referrals beyond this limit will not qualify as valid entries.
4. **Point Allocation and Winner Selection**: Points are allocated based on specific engagement activities, including completing workouts, referring new users, and liking OnMotion’s social accounts on LinkedIn and Instagram. For each 100 points earned, entrants will receive one additional entry in the drawing pool, increasing their chances of winning.
Points are awarded as follows:
Completing Workouts: Earn 5 points for each exercise or 25 points for each personal record at workout completion.
Referrals: Earn 250 points per referral, up to five referrals per session.
Social Media Engagement: Earn 100 points for following or liking OnMotion on LinkedIn and Instagram.
5. **Prize Redemption**: Prizes must be claimed within 7 days from the date of winner notification. OnMotion reserves the right to substitute a prize of equal or greater value if the original prize is unavailable.
6. **Limitations of Liability**: By participating in the giveaway, entrants agree to release OnMotion from any liability or claims resulting from their participation or use of a prize, including but not limited to personal injury, property damage, or any type of loss.
7. **Privacy and Data Use**: Entrants consent to OnMotion's collection and use of personal data for the purposes of administering the giveaway, as described in the Privacy Policy. Entrants’ data will not be sold to third parties but may be shared with partners as necessary to fulfill prizes.
8. **Point Verification**: OnMotion reserves the sole discretion to determine the accuracy, validity, and intent behind points earned for giveaway entries. Points deemed inaccurate, fraudulent, or earned with misuse of the application may be invalidated at OnMotion's discretion.
General Terms and Conditions
Welcome to OnMotion! These Terms and Conditions and any other terms and documents expressly incorporated herein, each as may be amended, supplemented or replaced from time to time (together, the "Terms and Conditions") apply to your use of (and subscription to) the OnMotion.app website and the OnMotion mobile application ("OnMotion App").
These Terms and Conditions are entered into by and between you as a user (referred to as "User", "you" or "your") and OnMotion LLC and its affiliates (referred to as "OnMotion", "we", "us" or "our"), and supersede and replace any terms and conditions of services that you may have previously agreed with OnMotion in connection with the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms and Conditions. The offering of the Platform to you is conditional on your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Platform.
For more details about OnMotion’s privacy practices, please refer to our Privacy Policy.
These Terms and Conditions are entered into by and between you as a user (referred to as "User", "you" or "your") and OnMotion LLC and its affiliates (referred to as "OnMotion", "we", "us" or "our"), and supersede and replace any terms and conditions of services that you may have previously agreed with OnMotion in connection with the Platform.
Your access to and use of the Platform constitutes your agreement to be bound by these Terms and Conditions. The offering of the Platform to you is conditional on your acceptance of these Terms and Conditions. If you do not agree to these Terms and Conditions, you must not access or use the Platform.
For more details about OnMotion’s privacy practices, please refer to our Privacy Policy.
1. User
1.1 Eligibility: By accessing or using the Platform, you confirm that you are of legal age in your country, are not under 16 years old, and have full power, capacity, and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
1.2 User Account Creation: To use certain features of the Platform, you will need to create a user account (each, a "User Account") by providing your first and last names, an email address, a password, your date of birth, and other information that we may require from time to time. You will also be required to create a username for your User Account to access the forum hosted on the Platform. Please provide accurate and current information when creating your User Account.
OnMotion may, at its sole discretion: limit the number of User Accounts that you may create or maintain; stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or refuse to create a User Account for you.
1.3 Security: By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account, and any other actions in relation to the User Account (with or without your permission). OnMotion is not responsible for any loss or activity that results from the unauthorized use of your User Account due to your failure to secure your access credentials. You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the OnMotion team in writing at team@onmotion.app of any unauthorized use of your User Account or any other breaches of security
1.4 Suspension and Termination: OnMotion will have the right to suspend access to your User Account or to terminate your User Account at any time and for any reason (including where you are in breach of any of the provisions in this Terms and Conditions), subject to Applicable Laws. You acknowledge and agree that these Terms and Conditions continue to apply even after your User Account expires or is terminated or where you have stopped using the Platform.
1.2 User Account Creation: To use certain features of the Platform, you will need to create a user account (each, a "User Account") by providing your first and last names, an email address, a password, your date of birth, and other information that we may require from time to time. You will also be required to create a username for your User Account to access the forum hosted on the Platform. Please provide accurate and current information when creating your User Account.
OnMotion may, at its sole discretion: limit the number of User Accounts that you may create or maintain; stipulate additional conditions and requirements for the opening or maintaining of User Accounts; and/or refuse to create a User Account for you.
1.3 Security: By using the User Account, you will be responsible for maintaining the security of your User Account access credentials, for all activities that occur under the User Account, and any other actions in relation to the User Account (with or without your permission). OnMotion is not responsible for any loss or activity that results from the unauthorized use of your User Account due to your failure to secure your access credentials. You should not share the access credentials of your User Account (including passwords) with any other person or allow any other person to access your User Account. You must immediately notify the OnMotion team in writing at team@onmotion.app of any unauthorized use of your User Account or any other breaches of security
1.4 Suspension and Termination: OnMotion will have the right to suspend access to your User Account or to terminate your User Account at any time and for any reason (including where you are in breach of any of the provisions in this Terms and Conditions), subject to Applicable Laws. You acknowledge and agree that these Terms and Conditions continue to apply even after your User Account expires or is terminated or where you have stopped using the Platform.
2. Subscription Service
2.1 Subscription: You can choose to subscribe to the Platform either on a monthly basis, or for such other periods that OnMotion may offer from time to time, and the applicable fees are set forth on the applicable app store from which the OnMotion App can be downloaded. Eligibility for any promotions or discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. You are responsible for reading and understanding the specific terms and conditions applicable to any promotions or discounts. OnMotion reserves the right to revise and update the applicable fees for subscriptions (including the fees set out on the relevant app stores where you subscribe to the Platform), and the different subscription packages available, at any time at its sole discretion. Any such revision or updates to the fees will apply prospectively to any subscription entered into following the effective date of the fee revision or update.
2.2 Free trials: We may provide a free trial subscription for a fixed period of time, as determined by OnMotion in its sole discretion. Unless otherwise stated by OnMotion in respect of specific promotions, free trials are only available to new OnMotion users, and OnMotion reserves 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. 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, please refer to the instructions set out below under "Automatic renewal of subscription."
2.3 Payment details: You can pay the fees for your subscription on the OnMotion App. The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform). When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription. OnMotion reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity. In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions that take place abroad or in a foreign currency. You are responsible for paying any such fees.
2.4 Automatic renewal of subscription: Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. You may cancel your subscription at any time by navigating to your iOS settings to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
2.5 Cancellation and refund of subscription fees: Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store. Where you have subscribed for the Platform through our website, you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform through our website (the "Cooling-off Period"): Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
2.2 Free trials: We may provide a free trial subscription for a fixed period of time, as determined by OnMotion in its sole discretion. Unless otherwise stated by OnMotion in respect of specific promotions, free trials are only available to new OnMotion users, and OnMotion reserves 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. 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, please refer to the instructions set out below under "Automatic renewal of subscription."
2.3 Payment details: You can pay the fees for your subscription on the OnMotion App. The price of your subscription, as well as the currency in which your subscription is payable, will be specified during the order process and may vary depending on your country of residence (as determined by the IP address of your device used to access the Platform). When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details, you represent that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription. OnMotion reserves the right to contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties if there is suspicious activity. In addition to the subscription fee you are charged, certain banks and credit card issuers may charge a foreign transaction fee on transactions that take place abroad or in a foreign currency. You are responsible for paying any such fees.
2.4 Automatic renewal of subscription: Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. You may cancel your subscription at any time by navigating to your iOS settings to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
2.5 Cancellation and refund of subscription fees: Where you have subscribed for the Platform through an app store, the cancellation and refund of subscription fees will be governed by the applicable terms and conditions of that app store. Where you have subscribed for the Platform through our website, you may change your mind and receive a full refund of the amount you have paid for the subscription within fourteen (14) days starting from the day you subscribed to the Platform through our website (the "Cooling-off Period"): Your subscription will automatically renew unless you cancel at least twenty-four (24) hours before the end of the current billing period. However, you may cancel your subscription at any time by navigating to your profile page and following the prompts to cancel your subscription. Upon such cancellation, you will still be entitled to access the subscription services on the Platform for the remainder of the duration that you have paid for.
3. Use of the Platform
By using the Platform, you confirm that you will not use the Platform for any of the following
3.1 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 possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which OnMotion or the User is bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
3.2 Unauthorised Use: Any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
3.3 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, rights of privacy, publicity and intellectual property) 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 Platform about other Users, including addresses, phone numbers, email addresses, and credit card details.
3.4 Fraud: Any act that: (i) attempts to defraud OnMotion or any other person; or (ii) provides false, inaccurate or misleading information to OnMotion.
3.1 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 possibly violate, any civil and common laws, statutes, subordinate legislation, treaties, regulations, directives, decisions, by-laws, ordinances, circulars, codes, orders, notices, demands, decrees, injunctions, resolutions and judgments of any government, quasi-government, statutory, administrative or regulatory body, court, agency or association by which OnMotion or the User is bound in any jurisdiction applicable to the access and use of the Platform ("Applicable Laws").
3.2 Unauthorised Use: Any activity that: (i) interferes with, disrupts, negatively affects or inhibits other Users from accessing or fully enjoying the Platform; (ii) introduces to the Platform any malware, virus, trojan horse, worms, logic bombs or any other programme that would otherwise result in any technical glitch, malfunction, failure, delay, default or security breach; (iii) attempts to gain unauthorised access, whether through password mining or otherwise, to other User Accounts, computing systems or networks connected to the Trading Platform; (iv) undermines the security or integrity of the computing systems or networks on which the Platform is hosted; (v) attempts to modify, copy, reproduce, reverse engineer or decompile the Platform or the computer programs used to deliver the Platform; (vi) uses the User Account information of another person to access or use the Platform; or (vii) transfers access or rights to your User Account to a third party.
3.3 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, rights of privacy, publicity and intellectual property) 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 Platform about other Users, including addresses, phone numbers, email addresses, and credit card details.
3.4 Fraud: Any act that: (i) attempts to defraud OnMotion or any other person; or (ii) provides false, inaccurate or misleading information to OnMotion.
4. Availability of Services and Security
By using the Platform, you confirm that you will not use the Platform for any of the following:
4.1 Availability of Platform: OnMotion shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads, or events outside of OnMotion’s control. OnMotion will use commercially reasonable efforts to avoid downtime of the Platform but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
4.2 User Responsibilities: You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
4.3 OnMotion's Limited Liability: You acknowledge and agree that OnMotion shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures, or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your hardware; or (c) any fees you may incur to connect to the internet for the purpose of using or accessing the Platform.
4.4 Reporting Malfunctions: You must immediately notify the OnMotion team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
4.5 Updates to OnMotion App: Users may also be required to download and install updates to the OnMotion App to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible until such an update has been downloaded and installed.
4.1 Availability of Platform: OnMotion shall make reasonable efforts to ensure that the Platform is available to you. However, access to the Platform may be disrupted from time to time due to necessary maintenance, technical issues, network and system overloads, or events outside of OnMotion’s control. OnMotion will use commercially reasonable efforts to avoid downtime of the Platform but assumes no liability if the Platform or any part thereof is unavailable at any time or for any period.
4.2 User Responsibilities: You acknowledge and agree that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to the Platform for any reconstruction of any lost data.
4.3 OnMotion's Limited Liability: You acknowledge and agree that OnMotion shall not have any liability or be responsible in any way for: (a) your use of the internet to connect to the Platform or any technical problems, system failures, or security breaches; (b) the hardware that you use to access the Platform (including in respect of viruses and malicious software, and any inappropriate material) and the integrity and proper storage of any of your data associated with the Platform that is stored on your hardware; or (c) any fees you may incur to connect to the internet for the purpose of using or accessing the Platform.
4.4 Reporting Malfunctions: You must immediately notify the OnMotion team in the event that you become aware of any part of the Platform malfunctioning or if you otherwise experience any material malfunction or other connectivity problem that adversely affects your access to or use of the Platform.
4.5 Updates to OnMotion App: Users may also be required to download and install updates to the OnMotion App to maintain access to the Platform and its services. A User's failure to do so might lead to certain services offered on the Platform becoming temporarily inaccessible until such an update has been downloaded and installed.
5. Intellectual Property, Use Licence
5.1 OnMotion’s Ownership of the Platform: 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) in the Platform and the material published on and through it (except the Contributed Content) are owned by OnMotion, 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 unauthorized use of another party’s Intellectual Property Rights.
5.2 User's License to Use Platform: You are not granted any right to use, and may not use, any of OnMotion’s Intellectual Property Rights other than as set out in these Terms and Conditions and subject to the following conditions: (a) you are granted a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public, or commercial use without prior written consent from OnMotion; (b) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in any part of the Platform; and (c) you may not use any data mining, robots, or similar data-gathering or extraction methods.
OnMotion reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
5.2 User's License to Use Platform: You are not granted any right to use, and may not use, any of OnMotion’s Intellectual Property Rights other than as set out in these Terms and Conditions and subject to the following conditions: (a) you are granted a limited, personal, non-transferable, non-sublicensable, and revocable license to access and use the Platform (or any part of it or its contents) for your own personal use and may not copy, reproduce, republish, upload, re-post, modify, transmit, distribute or otherwise use the Platform (or any part of it or its content) in any way for non-personal, public, or commercial use without prior written consent from OnMotion; (b) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in any part of the Platform; and (c) you may not use any data mining, robots, or similar data-gathering or extraction methods.
OnMotion reserves the right to monitor your use of the Platform and to alter or revoke your license or your access to the Platform at any time and for any reason. Your license shall terminate upon the expiry or termination of your User Account.
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, OnMotion 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. OnMotion 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 OnMotion 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.
Your dealings or correspondence with such third parties are solely between you and the third party. OnMotion 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 OnMotion 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 Limitation of Liability
i. Nothing in these Terms and Conditions shall exclude or restrict OnMotion’s liability for: (a) death or personal injury resulting from the negligence of OnMotion or its Associated Parties (as defined in Clause 7.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws.
ii. Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
a. in no event shall OnMotion, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:
1. indirect or consequential loss; or
2. loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms and Conditions; and
b. OnMotion and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms and Conditions in respect of any one or more incidents or occurrences shall be limited to the greater of (a) the total amount of fees received by OnMotion or the Associated Parties from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident or series ofconnected incidents giving rise to a claim made by you under these Terms and Conditions, and (b) USD 100.00.
7.2 Disclaimers
i. To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of OnMotion are provided on an "as is" and "as available" basis and OnMotion expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, OnMotion does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
ii. The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, OnMotion is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
7.3 Indemnification
i. To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand OnMotion and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
a. your use of, or conduct in connection with, the Platform;
b. your breach of these Terms and Conditions or any other policy;
c. the Contributed Content you provide; or
d. your violation of any Applicable Laws or the rights of any other person or entity.
You will provide OnMotion and the Associated Parties with any assistance that OnMotion and the Associated Parties reasonably requests in defending any such action or proceeding.
i. Nothing in these Terms and Conditions shall exclude or restrict OnMotion’s liability for: (a) death or personal injury resulting from the negligence of OnMotion or its Associated Parties (as defined in Clause 7.1(b) below); (b) fraud or fraudulent misrepresentation; (c) any other matter that cannot be excluded or limited under Applicable Laws.
ii. Subject to the foregoing, to the maximum extent permitted by Applicable Laws:
a. in no event shall OnMotion, its affiliates and its and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, "Associated Parties") be liable for any:
1. indirect or consequential loss; or
2. loss of profit, business opportunity, anticipated savings, revenue or goodwill, in each case, whether arising from breach of contract, tort (including negligence), breach of statutory duty or otherwise, arising out of or in connection with authorised or unauthorised use of the Platform, or these Terms and Conditions; and
b. OnMotion and the Associated Parties' aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) howsoever arising out of, or in connection with, the performance of its obligations under these Terms and Conditions in respect of any one or more incidents or occurrences shall be limited to the greater of (a) the total amount of fees received by OnMotion or the Associated Parties from you in connection with your use of the Platform in the twelve (12) month period prior to the date of the first incident or series ofconnected incidents giving rise to a claim made by you under these Terms and Conditions, and (b) USD 100.00.
7.2 Disclaimers
i. To the maximum extent permitted under Applicable Laws, the Platform and any product, service or other item provided by or on behalf of OnMotion are provided on an "as is" and "as available" basis and OnMotion expressly disclaims, and you waive, any and all other warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or warranties arising from course of performance, course of dealing or usage in trade. Without limiting the foregoing, OnMotion does not represent or warrant that the Platform is accurate, complete, reliable, current or error-free, or free of viruses or other harmful components.
ii. The features on the Platform that promote physical activity, nutrition or general wellness are for your informational purposes only and are not intended as medical advice or services, or for diagnostic or treatment purposes. Before engaging in any physical activity or making any changes to your diet or lifestyle, we suggest seeking advice from your relevant health care professional. Never disregard any advice from a health care professional because of something that you have read on the Platform. To the maximum extent permitted under Applicable Laws, OnMotion is not responsible or liable for any loss or damage of any sort incurred that result from your use of, or inability to use, the features of the Platform.
7.3 Indemnification
i. To the maximum extent permitted by Applicable Laws, you agree to indemnify and hold harmless immediately upon demand OnMotion and the Associated Parties from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense including reasonable attorneys' fees, in any way arising out of, in relation to or in connection with directly or indirectly:
a. your use of, or conduct in connection with, the Platform;
b. your breach of these Terms and Conditions or any other policy;
c. the Contributed Content you provide; or
d. your violation of any Applicable Laws or the rights of any other person or entity.
You will provide OnMotion and the Associated Parties with any assistance that OnMotion and the Associated Parties reasonably requests in defending any such action or proceeding.
8. Changes and Updates to the Platform, Terms and Conditions
OnMotion may terminate or modify any feature or part of the Platform at any time without notice. OnMotion may also revise and update these Terms and Conditions at any time in its sole discretion by posting an updated Terms and Conditions on the Platform. All such changes to the Terms and Conditions are effective immediately when posted to the Platform and apply to all access to and use of the Platform (including orders placed on the Platform) thereafter. Your continued use of the Platform following the posting of such revised Terms and Conditions constitutes your acceptance and agreement to the changes which are binding on you.
9. Complaints, Governing Law and Dispute Resolution
If you have any questions, feedback or complaints, please contact the OnMotion team at the following email address: team@onmotion.app.
These Terms and Conditions (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 South Australian law. The courts of South Australia have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions.
If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms and Conditions, including this Clause 7, affects your rights as a consumer to rely on such mandatory provisions of law.
10.1 Force Majeure Event: A "Force Majeure Event" means any event beyond OnMotion’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.If a Force Majeure Event occurs that affects OnMotion ability to perform its obligations under these Terms and Conditions, the OnMotion team will contact you as soon as reasonably possible to notify you and OnMotion’s obligations under these Terms and Conditions will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
10.2 Data Privacy: We will only use your personal information as set out in OnMotion’s Privacy Policy (as amended from time to time) available at our Privacy Policy.
10.3 Transfers: OnMotion may transfer its rights and obligations under these Terms and Conditions to another entity, but this will not affect your rights orOnMotion’s obligations under these Terms and Conditions. You may not transfer your rights and obligations under these Terms and Conditions to another person.
10.4 Validity: If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
10.5 Waiver: No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
10.6 Relationship of the parties: Nothing in the Terms and Conditions: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by OnMotion to you.
10.7 Third party rights: A person who is not a party to these Terms and Conditions has no right whether by applicable statute or otherwise to enforce any term of these Terms and Conditions.
These Terms and Conditions (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 South Australian law. The courts of South Australia have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions.
If you are a consumer for the purposes of the laws of the country of which you are resident, you may benefit from any mandatory provisions of such laws. Nothing in these Terms and Conditions, including this Clause 7, affects your rights as a consumer to rely on such mandatory provisions of law.
10.1 Force Majeure Event: A "Force Majeure Event" means any event beyond OnMotion’s reasonable control, including flood, extraordinary weather conditions or earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government, communications, power failure, or equipment or software malfunction.If a Force Majeure Event occurs that affects OnMotion ability to perform its obligations under these Terms and Conditions, the OnMotion team will contact you as soon as reasonably possible to notify you and OnMotion’s obligations under these Terms and Conditions will be suspended and the time of performance of our obligations will be extended for the duration of the Force Majeure Event.
10.2 Data Privacy: We will only use your personal information as set out in OnMotion’s Privacy Policy (as amended from time to time) available at our Privacy Policy.
10.3 Transfers: OnMotion may transfer its rights and obligations under these Terms and Conditions to another entity, but this will not affect your rights orOnMotion’s obligations under these Terms and Conditions. You may not transfer your rights and obligations under these Terms and Conditions to another person.
10.4 Validity: If any provision of these Terms and Conditions is deemed unlawful, void or unenforceable, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.
10.5 Waiver: No waiver of any provision hereof shall be valid unless in writing and signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
10.6 Relationship of the parties: Nothing in the Terms and Conditions: (a) is intended to, nor shall create or be deemed to create, any partnership, joint venture, agency, consultancy or trusteeship, or (b) shall give rise to any fiduciary or equitable duties owed by OnMotion to you.
10.7 Third party rights: A person who is not a party to these Terms and Conditions has no right whether by applicable statute or otherwise to enforce any term of these Terms and Conditions.
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 and Conditions:
Australia
1.1 In this Section 1 (Australia) of these Additional Terms:
i. Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
ii. Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and
iii. 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.
1.2 Where you acquire as a Consumer:
i. 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 and Conditions, excluded, restricted or modified; and
ii. other goods and services, we limit our liability for a failure to comply with any Consumer Guarantee as described in Clause 7.1(b) of these Terms and Conditions, and we do not exclude or limit the operation of the Consumer Guarantees under any provision of these Terms and Conditions 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.
Canada
2.1 Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:
i. 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
ii. you have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
United States of America
3.1 Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:
i. you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and
ii. you have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
Australia
1.1 In this Section 1 (Australia) of these Additional Terms:
i. Australian Consumer Law has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
ii. Consumer has the meaning given to that term in section 3 of the Australian Consumer Law; and
iii. 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.
1.2 Where you acquire as a Consumer:
i. 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 and Conditions, excluded, restricted or modified; and
ii. other goods and services, we limit our liability for a failure to comply with any Consumer Guarantee as described in Clause 7.1(b) of these Terms and Conditions, and we do not exclude or limit the operation of the Consumer Guarantees under any provision of these Terms and Conditions 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.
Canada
2.1 Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:
i. 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
ii. you have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
United States of America
3.1 Section 1.1 (Eligibility) is replaced with the following:
By accessing or using the Platform, you confirm that:
i. you are of legal age in your country and not under 16 years old. In the case where you are resident in a state or jurisdiction where the legal age is 18 years old, you confirm that you are 18 years old or older; and
ii. you have full power, capacity and authority to agree to the Terms and Conditions and have not been previously suspended or removed from using the Platform.
