Munch & Move

These Terms and Conditions of Use (Agreement) form a legal agreement between you and Myo Munchee (Operations) Pty Ltd (ACN 629 971 115) of 3 Cowper Street N, Carrington NSW 2294, Australia (“Myo Munchee”) for the access and use of the Platform. 

This Agreement may be accepted by doing either one or more of the following:

The Platform courses may include, be bundled with, or require installation of other software programs licensed under different terms and/or licensed by a vendor other than Myo Munchee. Use of any software programs accompanied by a separate licence agreement is governed by that separate licence agreement. Any third-party software that may be provided with (or recommended for download by) the Platform is included for use at your option. Myo Munchee is not responsible for any third party’s software and shall have no liability for your use of the third-party software.

Where the following words are not already defined in another part of this Agreement:

Commencement Date means the date of acceptance of this Agreement in accordance with clause 1 above.

Confidential Information means the content of this Agreement, any information of a party which is marked confidential and any information which is by its nature confidential.

Data means any information entered into and contained in the Platform from time to time, which may include your personal or private information.

Fees means the Fees published on the Platform, excluding any tax, merchant fee, or other associated costs.

Intellectual Property Rights means:

(a) all intellectual property rights at any time protected by statute or common law, including patents, copyright and any registered intellectual property rights, registered designs, trademarks, Source Code and goodwill; and

 

(b) any application or right to apply for registration of any of these rights.

Platform means the online learning management system known as the Munchee U platform and associated applications, websites, courses and material operated by Myo Munchee and used to deliver training and educational programs collectively referred to as “Munchee U”. This includes any updates to the Platform issued or made by Myo Munchee from time to time.

Source Code means computer programs in un-compiled human-readable English language format, which comprise the Software of the courses.

Taxes means taxes duties, tariffs, excise and other imposts whether levied by the Commonwealth of Australia or the relevant governing body of any other jurisdiction.

Subscription means a subscription purchased by a by a user of the Platform allowing access to pre-selected Munchee U courses and other resources for a fixed Subscription Period.

Subscription Fee means a Fee paid in consideration of the granting of the Subscription, calculated based on the course and resources included and the Subscription Period.

Subscription Renewal Fee means a payment made in advance of the Subscription expiry to renew the Subscription for a further Subscription Period.

Subscription Period means 12 months, or such other period as determined by Myo Munchee from the date of Subscription purchase to the expiry date.

You must register for an account before you are able to access the Platform.

You are not authorised to create an account or use the Platform unless you are 18 years of age. By using our courses, you represent and warrant that you meet this requirement.

You can create an account via the practitioner portal on the Platform at:

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for the Platform, and you are solely responsible for all activities that occur under those credentials. If you believe someone has gained access to your account, please contact us immediately at hello@myomunchee.com.

Fees will be charged up front on a per course basis. By purchasing a course from us you agree to pay the corresponding Fee. All fees must be paid up front prior to you being granted access to the relevant course material, unless otherwise agreed.

Myo Munchee may (but is not obliged to) offer for purchase a Subscription for a pre-determined Subscription Fee. The details of the Subscription, the Subscription Period and Subscription Fee along with any other terms and conditions not already set out in these terms will be set out within the Platform at the time of purchase. 

If you wish to accept a Subscription, You must do so via a separate clickthrough agreement to confirm your agreement.

Subscription Fees will be charged to you up front at the time of purchase. By purchasing the Subscription you agree to pay the Fee for the full term.

Subject to you complying with your obligations under this Agreement and in consideration of the payment of Subscription Fees by you, Myo Munchee will grant you access to the selected course materials and other resources forming part of your Subscription once the transaction is processed and payment is confirmed.

Once a Subscription is processed and payment confirmed, it cannot be terminated early by You and no refunds are available where you fail to access the material the subject of the Subscription.

Subscriptions will be renewed either on an annual basis, on the subscription expiry date or such other date as determined by Myo Munchee. To renew your Subscription, you must pay the Subscription Renewal Fee for the next Subscription Period.

If you do not pay the Subscription Renewal Fee as set out in the preceding paragraph prior to the expiry of the Subscription Period, your access to the Munchee U courses and resources forming part of your Subscription will be suspended. You may still access your account to make a “Pick and Pay” course purchase or to purchase a new Subscription.

You can elect to pay the course Fees or Subscription Fees by processing the payment by credit card, through a third-party merchant facility or a finance provider accepted by Myo Munchee.

You agree that Myo Munchee has no liability whatsoever for any error, omission, loss, or damage caused or contributed to by the third-party merchant or finance provider.

You agree that by using a third-party merchant facility or finance provider you are entering into a separate agreement with them and you are subject to their terms and conditions and are liable for their fees.

You must contact the third-party merchants or finance providers directly to obtain a copy of their terms and conditions or confirm the fees payable by you for electing to use their payment services.

If you fail to pay any amount owing under this Agreement, Myo Munchee is at liberty to suspend access to the Platform and/or any course material immediately until payment has been made in full or the Agreement has been terminated.

This Agreement will commence on the Commencement Date and will continue until terminated in accordance with the terms of this Agreement.

The purchase of any course or Subscription is non-refundable.

You must complete the course within 3 months of the date of enrolment. Once completed you will be granted access to the Platform for a period of 12 months. After 12 months has lapsed without further courses being purchased, your access may be terminated.

Without limiting any other provision of this Agreement, Myo Munchee reserves the right to:

On termination for whatever reason, all your rights to access and use the Platform including any course material, cease.

Myo Munchee is authorised to grant rights and access to the Platform as set out in this Agreement.

Myo Munchee grants you a non-exclusive and non-transferable right to use and access the Platform and all material within the Platform in accordance with the terms of this Agreement.

Subject to you complying with your obligations under this Agreement and in consideration of the payment of the Fees by you, Myo Munchee will allow you to logon to and use the Platform, as soon as it has been configured for your access.

You must use the Platform strictly in accordance with the terms of this Agreement.

You will be responsible for protecting the Platform and your account from unauthorised access or use to the extent that you must ensure logon details are kept secret and are altered frequently.

Myo Munchee will otherwise make every effort to safeguard the Platform from external threats such as hacking and virus. However, you acknowledge that Myo Munchee cannot guarantee the absolute security of the Platform.

You agree to:

You agree that you will not:

Myo Munchee will collect data (via the Platform) based on documents and/or information provided by you. Myo Munchee does not (and cannot) verify or warrant the validity or accuracy of such information.

Myo Munchee will use reasonable endeavours to ensure all course material loaded on to the Platform by Myo Munchee is accurate and up to date. However, if you discover material that may contain inaccuracies, you agree to inform Myo Munchee as soon as possible by contacting hello@myomunchee.com.

Myo Munchee will monitor the Platform for any content posted by users which may be in breach of this Agreement. Myo Munchee reserves the right to delete any content (in whole or in part) which in Myo Munchee’s sole opinion violates this Agreement or may harm others and/or the reputation of Myo Munchee.

Although Myo Munchee reserves the right to review and remove content that violates this Agreement, such content is the sole responsibility of the user who posts it, and Myo Munchee cannot guarantee that all content will comply with this Agreement.

If you see content on the Platform that violates this Agreement, please report it within the Platform or via hello@myomunchee.com.

Myo Munchee continually monitors the Platform and applies bug fixes as the need arises. Myo Munchee reserves the right to prioritise such fixes in a way that in Myo Munchee’s reasonable opinion has least impact on the Platform and all its users.

Myo Munchee cannot guarantee the Platform will be available at all times. Myo Munchee may experience hardware, software, or other problems or need to perform maintenance related to the Platform, resulting in interruptions, delays, or errors.

Myo Munchee reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Platform at any time or for any reason without notice to you.

You agree that Myo Munchee has no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Platform during any downtime or discontinuance of the Platform. Nothing in this Agreement will be construed to obligate Myo Munchee to maintain and support the Platform or to supply any corrections, updates, or releases in connection therewith.

All rights title and ownership in the Platform (including all Intellectual Property Rights contained within the Platform, but excluding the Data upload into the Platform by you or on your behalf) shall at all times vest with Myo Munchee (including without limitation any modifications or developments made to the Platform either by Myo Munchee (or anyone authorised by Myo Munchee) or by you with or without the consent of Myo Munchee).

Nothing in this Agreement grants you ownership of the Platform or any other rights in respect of the Platform other than those expressly granted in clause 7.

Risk of use, loss of or damage to the Platform will pass to you on the Commencement Date.

Except as expressly provided in this Agreement and to the extent permitted by law, liability for all representations and warranties, whether implied, express, or otherwise, are excluded.

Except as expressly warranted above, Myo Munchee does not warrant or make any representations:

You are responsible for determining that the Platform is suitable for your own use or purpose or educational needs.

You assume all risk for any loss or damage resulting directly or indirectly from your use of or inability to use the Platform.

To the extent permitted by law Myo Munchee will not be liable to you in respect of any consequential, indirect, exemplary or punitive damage (including, but not limited to, loss of actual or anticipated profits or revenues, loss by reason of shutdown or non-operation, increased cost of borrowing, capital or financing, or loss of use or productivity, etc.) whether caused by or in relation to breach of contract, warranty, tort, product liability, contribution or strict liability, whether arising under this Agreement, at law or in equity.

The above clause does not apply to Myo Munchee’s liability in respect of:

To the extent permitted by law, Myo Munchee’s aggregate liability for any claims made under or in connection with this Agreement will be limited to the Fees paid by you to Myo Munchee for access to the Platform.

Where any statute or law implies warranties or conditions into this Agreement, which cannot be lawfully modified or excluded under this Agreement (Non-excludable Condition) then this Agreement will be read subject to such Non-excludable Condition. Where such statute or law permits, Myo Munchee limits its liability to you for breach of such Non-excludable Condition to re-supplying access to the Platform, paying for the re-supply, or to an amount equivalent to the Fees (at the option of Myo Munchee).

Each party (Indemnifier) indemnifies the other party against all liability, loss, cost or damage caused by any of the following:

provided however that the Indemnifier’s liability under this clause is reduced proportionately to the extent that any negligent act or omission of the other party contributed to the liability.

You acknowledge that the Data contains information which is protected under the Privacy Act 1988 (Cth) as amended from time to time (Privacy Act).

Myo Munchee agrees to protect and deal with such Data only in accordance with the Privacy Act and will otherwise treat any Data in its control in accordance with its privacy policy, which can be found at https://muncheeu.com/privacy.

Myo Munchee is not responsible or liable for unauthorised access to the Platform including, without limitation, the unauthorised use of the Platform or any Data by you or a third party.

Myo Munchee owns the Intellectual Property Rights in or holds an exclusive licence to deal in the Platform, including any developments or customisation of the Platform made at your specific request. Where it holds an exclusive licence, Myo Munchee also holds on trust for the owner of the Intellectual Property Rights in the Platform, any rights to enforce this Agreement for the protection of those Intellectual Property Rights.

In consideration for your compliance with this Agreement, Myo Munchee grants you access to and use of the Platform for the duration of this Agreement.

You agree:

This Agreement does not transfer to you any right, title or interest in the Platform, any customisation or development of the Platform, the Source Code, or any user manuals or collateral or supporting documentation.

Title to the Platform and any Intellectual Property Rights existing in the Platform (including any modifications, enhancements or developments made to the Platform), remains at all times vested in Myo Munchee.

A party will not, without the prior written approval of the other party, disclose the other party's Confidential Information.

A party will not be in breach of this clause in circumstances where it is legally compelled to disclose the other party's Confidential Information.

Each party will take all reasonable steps to ensure that its employees and agents, and any sub-contractors engaged for the purposes of this Agreement, do not make public or disclose the other party's Confidential Information.

Notwithstanding any other provision of this clause, a party may disclose the terms of this Agreement (other than Confidential Information of a technical nature) to its related companies, solicitors, auditors, insurers, and accountants.

A Force Majeure event means anything outside reasonable control of a party, including but not limited to:

If any party is wholly or partially unable to perform its obligations because of a Force Majeure event except for its obligation to pay money, then:

In any dispute arising out of or in connection with this Agreement, both parties agree to first negotiate in good faith with the other party to resolve it.

If the dispute is not resolved by those negotiations within thirty (30) days, you agree that the matter may be referred to the Australian Commercial Dispute Centre Limited (ACDC) for resolution by mediation and if necessary, by arbitration in accordance with the Conciliation Rules of the ACDC.

All notices which are required to be given under this Agreement will be in writing and will be sent to the address of the recipient as may be set out in a proposal or such other address as the recipient may designate by notice given in accordance with this clause. Any notice may be delivered by hand, by pre-paid letter, facsimile or email. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (except by pre-paid letter) or on transmission by the sender (if sent by facsimile) or upon receipt of delivery confirmation or “read receipt” by the sender (if sent by email).

Clauses 10, 13, 14, 15, 17, 20 and this clause will survive the termination or expiry of the other provisions of this Agreement.

This Agreement is governed by and construed in accordance with the laws of New South Wales, Australia.

This Agreement overrides the provisions of any other documentation in relation to the Platform.

This Agreement supersedes all prior agreements, arrangements and undertakings between the parties and constitutes the entire agreement between the parties relating to its subject matter. No addition to or modification of any provision of this Agreement will be binding upon the parties unless made by written instrument signed by a duly authorised representative of both parties.

You must not assign, whether in whole or part, the benefit of this Agreement or any rights or obligations hereunder, without the prior written consent of Myo Munchee.

Myo Munchee may assign any rights or benefits under this Agreement without your prior written consent. You must do all things and sign all documents to give effect to any assignment by Myo Munchee.

No forbearance, delay, or indulgence by a party in enforcing the provisions of this Agreement will prejudice or restrict the rights of that party, nor will any waiver of those rights operate as a waiver of any subsequent breach.

Should any part of this Agreement be or become invalid, that part will be severed from this Agreement. Such invalidity will not affect the validity of the remaining provisions of the Agreement.

If you have any questions, complaints or claims with respect to the Platform or this Agreement, please contact us at hello@myomunchee.com.

In this Cookie Policy, unless the context otherwise requires, the following expressions have the following meanings:

Cookie: means a small file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site;

Cookie Law: means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”);

Personal data: means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data, as defined by EU Regulation 2016/679 General Data Protection Regulation (“GDPR”); and

We/Us/Our: means “Our Website/School/Company”, the brand owned and operated by Company name or Person.

Our Site is owned and operated by Myo Munchee Operations Pty Ltd.

Registered address: Myo Munchee (Operations) Pty Ltd, 3 Cowper St N, Carrington, NSW 2294, Australia, (+61) 2 4077 5990

Email address: hello@myomunchee.com

Telephone number: (+61) 2 4077 5990