You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the "Content") are maintained for your personal use and information by Studio MNM Fitness Pty Ltd (the "Company") and are the property of the Company and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company grants you a limited, non-exclusive, non-transferable and non-sublicensable licence to access and use the Site and any digital products you purchase solely for your personal, non-commercial use. You may download purchased digital products for your own personal use.
Except as permitted by law, Company Content and digital products may not otherwise be copied, reproduced, modified, republished, uploaded, posted, transmitted, distributed, shared, resold or used for public or commercial purposes without the Company's prior written permission.
All Content on the Site, including text, graphics, photographs, videos, audio, documents and digital products, is protected by copyright and other applicable intellectual property laws and is owned by or licensed to the Company, unless otherwise stated.
All trade names, trademarks, logos, images and other intellectual property displayed on the Site are owned by or used with permission by the Company. Nothing in these Terms grants you any ownership rights or licence to use the Company’s trademarks, Content or other intellectual property except as expressly permitted under these Terms.
The Company respects the intellectual property rights of others. If you believe that material appearing on the Site infringes your intellectual property rights, please contact melita@studiomnm.com.au and provide sufficient information for us to identify and investigate the alleged infringement.
While the Company uses reasonable efforts to provide accurate and up-to-date information, the Company does not guarantee that all information on the Site or in its digital products will be complete, accurate or current at all times.
When you purchase a product or otherwise provide your contact details to the Company, you consent to receiving electronic communications necessary to administer your purchase, provide access to your product, respond to enquiries and provide important notices relating to your transaction. Marketing communications will only be sent in accordance with applicable laws and where the required consent has been obtained.
If you send comments, suggestions, feedback or other communications to the Company, you acknowledge that we may use that feedback for the purpose of improving our products, services and customer experience. You retain ownership of any intellectual property rights you may have in material you submit. We will not use your name, image, testimonial or other personal content for promotional or commercial purposes without your permission, except where otherwise permitted by law.
The Company takes reasonable steps to protect personal information within its control. However, no method of electronic transmission or storage can be guaranteed to be completely secure. Personal information will be handled in accordance with our Privacy Policy and applicable privacy laws and may be disclosed to service providers where reasonably necessary to operate the Site, process transactions, deliver purchased products, provide customer support or comply with legal obligations.
To the maximum extent permitted by law, the Company is not liable for any indirect, incidental, special or consequential loss arising from your use of the Site or its Content.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy available to you under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted or modified.
The information and Content provided through the Site and our digital products are provided for general educational and informational purposes. Individual results may vary, and no particular health, fitness, weight-loss or other result is promised or guaranteed.
The Company uses third-party service providers, including website, payment-processing and digital delivery providers, to operate the Site and fulfil purchases. The Company is not responsible for interruptions or technical issues caused solely by third-party services outside its reasonable control. However, if you experience a problem accessing a digital product you have purchased, please contact us at melita@studiomnm.com.au and we will take reasonable steps to assist.
The Company may suspend or restrict access to the Site or its Content where a user breaches these Terms of Use, infringes intellectual property rights, attempts unauthorised distribution of our digital products or otherwise uses the Site unlawfully.
You agree to pay the price displayed at checkout for any product you purchase through the Company and to provide a valid payment method. Prices may change from time to time, and subsequent price reductions or promotional offers do not entitle previous purchasers to a refund of the difference.
Refunds are not provided for change of mind, including where you decide you no longer want or need the product or subsequently find the product available at a lower price.
If a purchased digital product cannot be supplied, is materially different from its description, has a major problem, or otherwise fails to meet an applicable consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law. Nothing in these Terms limits those rights.
To the maximum extent permitted by law, the Company will not be liable for any indirect, incidental, special or consequential loss arising from your use of the Site or our digital products. Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other applicable law that cannot lawfully be excluded or limited.
You agree to indemnify the Company against reasonable losses, liabilities, claims, damages and expenses arising directly from your unlawful use of the Site or Content, your infringement of another person's intellectual property rights, or your material breach of these Terms of Use. This indemnity does not apply to the extent that any loss or liability was caused or contributed to by the Company.
We may update these Terms of Use from time to time. Any updated Terms will apply from the date they are published on the Site and will not retrospectively alter the terms applicable to a purchase already completed, except where required by law.
