Terms
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use the website.
Your access to and use of this website, as well as all related websites operated by Movement Assessment Technologies Pty Ltd. (which includes MAT and symposium.physio, matassessment.com, functionalmovementgroup.com, 21stcentury.physio, mat.physio], among others) (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
1. 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 Movement Assessment Technologies 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 hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content or products may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.
2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.
3. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “[MAT, Movement Assessment Technologies, Functional Movement Group]”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Company at [[email protected]]. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
4. While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
6. If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
7. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
8. The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using the Site, you signify your acceptance of the Company’s Privacy Policy, also on this website. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.
9. NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
10. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE COMPANY DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE COMPANY. THE COMPANY RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE COMPANY’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE COMPANY RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE COMPANY IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE COMPANY MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE COMPANY’S REFUND POLICY. THE COMPANY SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE COMPANY’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
11. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
12. You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defence of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
13. The provisions of these Terms of Use are for the benefit of the Company, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
14. This agreement shall be governed by and construed in accordance with the laws of the State of Victoria, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Victoria, Australia. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
Copyright
The material contained in this website and our courses is proprietary and confidential to Andrew McDonald Lemon and Stephen Kenneth King. Content and images are made available on the basis that use is limited to the sole purpose of education of movement assessment, treatment and training for health and fitness professionals. It is not permissible to use, modify, copy or disclose any information contained on this website or in our courses for any other purpose without the express written permission of Movement Assessment Technologies Pty Ltd.. If you are not the intended recipient of this material you are requested to take immediate steps to destroy it.
Copyright [2014-] Movement Assessment Technologies Pty Ltd. All rights reserved.
Copyright on this web site (including text, graphics, logos, products, icons, sound recordings and software) is owned or licensed by MAT. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means, unless prior written permission is received from the site owner:
– adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
– commercialise any information, products or services obtained from any part of this web site; without our written permission.
Returns and Refund Policy
Your satisfaction is our first priority at MAT. If your item is faulty upon receipt or is not as described, we will gladly exchange the item or refund your credit card.
MAT adheres to the Consumer Guarantees, Warranties and Refunds policy of the Australian Competition and Consumer Commission (ACCC). If you have a problem with your order we require you contact us within 7 days of receipt of the order.
All returns are subject to us receiving the item back within 14 days of purchase. Items must be returned with their original packaging and, unless they were damaged prior to you receiving them, they must still be in an unused and saleable condition. The customer must return the goods at their cost in accordance with our goods return policy and reorder the correct product through the website shopping cart.
You are not entitled to a refund when you:
– Simply change your mind or no longer want the goods;
– Choose the incorrect colour;
– Were responsible for causing the fault or defect.
Live Course Cancellation Policy
Cancellation of a practical course must be submitted by email at least 8 weeks prior to the practical course commencement.
Less than 8 weeks from the practical course commencement;
A fee equal to 100% of the course cost will be charged to the user.
Australian Course:
More than 8 weeks from the practical course commencement;
A $50 administration fee will be charged to the user. Courses that are already sold out when the request is sent are subject to the above policy - less than 8 weeks from the practical course commencement.
International Course:
More than 8 weeks from the practical course commencement;
A $250 administration fee will be charged to the user. Courses that are already sold out when the request is sent are subject to the above policy - less than 8 weeks from the practical course commencement.
Cancellation requests need to be accompanied by your receipt and proof of identity. Refunds will be issued by electronic funds transfer into the account that payment was made from or via direct deposit into a nominated bank account.
Refunds will be made within 14 days of receiving the written request.
Failure to attend your practical course will not be refunded.
Cancellation will not be permitted if you have accessed greater than 50% of the MAT LIVE pre-course work and course booklets in our MAT LIVE online portal.
MAT reserves the right to cancel a course due to unforeseen circumstances and those enrolled will be informed as soon as possible and rebooked to the next available course. No reimbursement will be made for lost costs associated with attending the course, including, but not limited to flight, hotel or lost income expenses.
Course Rebooking Policy
Written notice is required at least 8 weeks from the commencement of the first practical course date booking.
More than 8 weeks from the practical course commencement, no re-booking fee will apply on the 1st occasion.
Cancellation of your booking on a 2nd occasion, a re-booking fee of $100 will apply.
Less than 8 weeks from your practical course commencement, a $250 re-booking fee will apply.
Less than 1 weeks from your practical course commencement, a $350 re-booking fee will apply.
The MAT + other MAT products and applications/technology
You are prohibited from using the MAT in any educational materials/program, or take any payment for using the MAT in educational or teaching settings. Any breach of this will require full payment of fees to MAT for any of the proceeds of such activities, not limited to use in Universities, private courses and online material.
Private Course Policy
For privately arranged courses, a 20% non-refundable deposit is required upon booking, with the remainder of the 50% non-refundable deposit required a minimum of 10 weeks prior to course beginning or MAT reserves the right to cancel the course. Full payment is required 2 weeks prior to the course beginning.
If insufficient numbers are reached or full payment not be completed 2 weeks prior to the course date, MAT reserves the right to cancel the course. A refund of the deposit will not be paid. If MATs have been shipped to your course location, you are liable for paying any MAT and shipping costs. If you choose to keep the MATs you have received, these will be charged on top of any deposit paid. You will also be charged for any extra costs or taxes associated with MAT shipping. You may opt to return the MATs at your own expense for a refund provided the MATs is in new condition.
You may be able to exchange this deposit for course places at a future course date upon discussion with MAT if space in the requested course exists.
In the event a course is cancelled due to insufficient numbers (<10 unless otherwise indicated at the time of booking), charges may be incurred by the private organizers for any other expenses associated with the attempted running of the course, included to, but not limited to admin, transport or marketing expenses.
Online Course Policy
If you wish to un-enrol for any reason, the following policies apply at the discretion of MAT;
a) Within the first 30 days of enrolment, if you have completed one hour or 20% of verifiable CPD (one topic) or less, a full refund of fees will be granted.
b) If you have been enrolled for 30 days or longer, regardless of the number of CPD hours completed, no refund of any fees will be granted.
c) To gain a refund you must return your MAT in it’s original condition within 14 days of requesting a refund at your own cost.
If you have any concerns over the course material, have a complaint, or feel improvements can be made to the Online CPD courses, please feel free to contact us at: [email protected]
100% Satisfaction Guarantee
At MAT we pride ourselves on delivering exceptional quality CPD education courses and products. If you are unhappy with any of our education offerings please notify us in writing within 30 days of beginning our courses and return your MAT in its original condition within 14 days of requesting a refund at your own cost and we will provide you a full refund. The above Live, Private and Online course policies also apply to any refund request. MAT certification will not be provided should you request a refund. Course fees must have been paid in full prior to beginning the course to be eligible for a refund. Not valid with payment plan options.
Photography
MAT reserves the right to take photographic images and video during their courses.
Students who attend MAT courses who do not wish to be photographed need to advise us in writing 48 hours prior to the start of the practical course.
Taking photos and recording video by course attendees is strictly prohibited and a breach of MAT copyright.
Free MAT Policy
*FREE MAT is only included with your first MAT Course when purchased at the full, normal rate.
Free Shipping Policy
Free shipping is based on normal delivery rates. You are liable for any additional shipping costs that are incurred to your location and you may be contacted by MAT to pay additional shipping fees. MAT is not responsible for any additional charges you may incur due to shipping, including taxes and duty charges.
Last Updated: April 6, 2020
