Terms and Conditions

The following Terms and Conditions govern your use of this website, our applications, and your purchase of any products or courses offered herein. Please read them carefully. By accessing or using our website, applications, or purchasing our products or courses, you acknowledge and agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you must refrain from using our website, applications, and from purchasing our products or courses.

Index

1.  MEASURZ APP TERMS AND CONDITIONS OF USE
2.  MEASURZ APP SUBSCRIPTION
3.  MAT SHIPPING TERMS
4.  MAT GENERAL PRODUCT & SOFTWARE TERMS
5.  MAT PRODUCT WARRANTY
6.  MAT COURSE TERMS
7.  COPYRIGHT
8.  MAT WEBSITE TERMS & CONDITIONS

 

1. MEASURZ APP TERMS AND CONDITIONS OF USE

1.1. About the Application

Welcome to Measurz (the "Application"). The Measurz Application provides the Services (the "Services"). The Application is operated by Movement Assessment Technologies. Access to and use of the Application, or any of its associated Products or Services, is provided by Movement Assessment Technologies. Please read these terms and conditions (the "Terms") carefully. By using, browsing, and/or reading the Application, you signify that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Application, or any of its Services, immediately.

Movement Assessment Technologies reserves the right to review and change any of the Terms by updating this page at its sole discretion. When updating the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

1.2. Acceptance of the Terms

You accept the Terms by using or browsing the Application. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in the user interface.

1.3. Your Obligations as a Member

As a Member, you agree to comply with the following:

• You will use the Services only for purposes that are permitted by:
• the Terms; and
• any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions.
• You have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services.
• Any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Movement Assessment Technologies of any unauthorised use of your password or email address or any breach of security of which you have become aware.
• Access and use of the Application is limited, non-transferable, and allows for the sole use of the Application by you for the purposes of providing the Services.
• You will not use the Services or the Application in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Movement Assessment Technologies.
• You will not use the Services or Application for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Application.
• You agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Application without notice and may result in termination of the Services. Appropriate legal action will be taken by Movement Assessment Technologies for any illegal or unauthorised use of the Application.
• You acknowledge and agree that any automated use of the Application or its Services is prohibited.

1.4. Payment

• Where the option is given to you, you may make payment of the Subscription Fee for the Services (the "Services Fee") by way of in-app purchases via the App Store or Stripe.
• All payments made in the course of your use of the Services are made using in-app purchases via the App Store or Stripe. In using the Application, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the terms and conditions of the App store or Stripe.
• You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
• You agree and acknowledge that Movement Assessment Technologies can vary the Subscription Fee (Services Fee) at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.

1.5. Refund Policy

Movement Assessment Technologies will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the management makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the "Refund").

1.6. Copyright and Intellectual Property

• Movement Assessment Technologies grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
• use the Application pursuant to the Terms;
• copy and store the Application and the material contained in the Application in your device's cache memory; and
• print pages from the Application for your own personal and non-commercial use.
• Movement Assessment Technologies does not grant you any other rights whatsoever in relation to the Application or the Services. All other rights are expressly reserved by Movement Assessment Technologies.
• Movement Assessment Technologies retains all rights, title, and interest in and to the Application and all related Services. Nothing you do on or in relation to the Application will transfer any:
• business name, trading name, domain name, trade mark, industrial design, patent, registered design, or copyright, or
• a right to use or exploit a business name, trading name, domain name, trade mark, or industrial design, or
• a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process) to you.
• The Application, the Services, and all of the related products of Movement Assessment Technologies are subject to copyright. The material on the Application is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Application (including but not limited to text, graphics, logos, button icons, video images, audio clips, Application, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Movement Assessment Technologies or its contributors.
• All trademarks, service marks, and trade names are owned, registered, and/or licensed by Movement Assessment Technologies.
• You may not, without the prior written permission of Movement Assessment Technologies and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt, or change in any way the Services or third-party Services for any purpose unless otherwise provided by these Terms. This prohibition does not extend to materials on the Application, which are freely available for re-use or are in the public domain.

1.7. Privacy

Movement Assessment Technologies takes your privacy seriously and any information provided through your use of the Application and/or Services are subject to Movement Assessment Technologies Privacy Policy, which is available on the Application Store on the Application and at https://www.matassessment.com/pages/privacy-policy.

1.8. General Disclaimer

• Use of the Application and the Services is at your own risk. Everything on the Application and the Services are provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of Movement Assessment Technologies make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Movement Assessment Technologies) referred to on the Application. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;  
• the accuracy, suitability, or currency of any information on the Application, the Services, or any of its Services-related products (including third-party material and advertisements on the Application);
• costs incurred as a result of you using the Application, the Services, or any of the products of Movement Assessment Technologies; and
• the Services or operation in respect to links that are provided for your convenience.
• Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
• Subject to this clause, and to the extent permitted by law:
• all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
• Movement Assessment Technologies will not be liable for any special, indirect, or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

1.9. Competitors

If you are in the business of providing similar services for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of Movement Assessment Technologies . Competitors are not permitted to use or access any information or content on our Application. If you breach this provision, Movement Assessment Technologies will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach.  

1.10. Limitation of Liability

Movement Assessment Technologies total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you. You expressly understand and agree that Movement Assessment Technologies, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, and any other intangible loss.  

1.11. Termination of Contract

The Terms will continue to apply until terminated by either you or by Movement Assessment Technologies as set out below. Movement Assessment Technologies may at any time, terminate the Terms with you if:

• you have breached any provision of the Terms or intend to breach any provision;  
• Movement Assessment Technologies is required to do so by law;
• the provision of the Services to you by Movement Assessment Technologies is, in the opinion of Movement Assessment Technologies, no longer commercially viable.

Subject to local applicable laws, Movement Assessment Technologies reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Application or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Movement Assessment Technologies name or reputation or violates the rights of those of another party.  

1.12. Indemnity

You agree to indemnify Movement Assessment Technologies, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage (including legal fees on a full indemnity basis) incurred, suffered, or arising out of or in connection with Your Content;  
• any direct or indirect consequences of you accessing, using, or transacting on the Application or attempts to do so; and/or  
• any breach of the Terms.  

1.13. Dispute Resolution

• Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).  
• Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle the Dispute.  
• Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must:
• Within days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;  
• If for any reason whatsoever, days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon the selection of a mediator or request that an appropriate mediator be appointed by the President of the or his or her nominee;  
• The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;  
• The mediation will be held in Victoria, Australia.
• Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.  
• Termination of Mediation: If has elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.  

1.14. Venue and Jurisdiction

The Services offered by Movement Assessment Technologies is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Application, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.  

1.15. Governing Law

The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding, or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under, and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.  

1.16. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.  

1.17. No Derogatory Comments

We work to a high standard and we value our business reputation. In the unlikely event that you are dissatisfied with any of our work, you should raise your concern to [email address removed]. It is a condition of our purchase and use that you will not make any critical or derogatory comment about Movement Assessment Technologies to any third party, and you will not publish any such comment, whether on a website, via the Internet, or otherwise. Any breach of this clause may result in legal proceedings being issued against you.  

1.18. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.  

 

2. MEASURZ APP SUBSCRIPTION

To use the Measurz App, you'll have to purchase a subscription plan. We offer subscription options in-app or via our Measurz Web Portal.

Please note: Prices may differ slightly based on your country and currency, and the most accurate pricing will be reflected in the Measurz app. Subscriptions are set to renew automatically unless cancelled at least 24 hours before the end of the current subscription period.

*Users can only use one free trial or voucher code. If you have already used a voucher code for a free trial further trials or offers do not apply (including free offers/trials included with MAT courses or our MAT products). Voucher codes are not available for team member subscriptions.

 

3. MAT SHIPPING TERMS

3.1. General Shipping Information

All products are shipped from Melbourne, Australia (excluding RunScribe - USA).

3.2. Shipping Policy (Including Free Shipping)

• All products are shipped delivered at place (DAP), also called delivered duty unpaid (DDU). Customers outside Australia, please refer to section 3.3 for more information.
• Our shipping rates on MAT products (including MATs/products with courses) are based upon normal delivery rates to business addresses only in major metropolitan areas. Additional charges may apply if you are outside normal shipping regions.
• The shipping timeframes quoted in our store are estimates of travel time from Melbourne, Australia. We aim to dispatch your order within 72 hours; however, at certain times, this can be longer.
• MAT and our couriers take no responsibility for items delivered to residential addresses or if you provide the courier with the authority to leave the package.

3.3. International Customers (Outside Australia)

• Certain countries have an import/customs tax and VAT due on products upon arrival into the country. Please ensure you know your country's import and tax rules before purchasing. It is your responsibility to ensure you purchase under your correct business entity and comply with all legal obligations required for importing the products and ensuring correct certifications for use in your country.
• Shipping does not include these fees. MAT is not responsible for any additional charges you may incur due to shipping, including taxes and duty charges.
• You may be contacted by MAT or our couriers to pay additional shipping fees and customs duties. It is your responsibility to track your shipment closely and to communicate with couriers promptly to avoid your products being returned to the sender.
• Refunds on products or courses will not be provided should you choose not to pay these locally incurred taxes/fees or if your products are returned to the sender.

3.4. Right To Refuse Shipment

• MAT reserves the right to refuse shipment until the purchaser provides a valid business name and VAT number (or equivalent, such as EORI/ABN/CNJP/CRN) for a business based in the health and fitness industry and a business address. If you cannot provide a business name and business number, MAT will provide you with a refund minus a 20% administration fee.
• MAT reserves the right to refuse shipment of your order if it identifies you as a potential competitor. If you are deemed a competitor or cannot provide a valid reason for purchase and your health/fitness business name and address within 7 days, MAT will cancel your order and provide a refund minus a 50% restocking/administration fee.

 

4. MAT GENERAL PRODUCT & SOFTWARE TERMS

4.1. Business Use Requirement

All MAT software, products, and courses must be purchased and utilised under a business name within the health and fitness industries. Purchase or use by individuals is not permitted.

4.2. Indemnity

• Insurance Requirements: You agree to hold the following insurance policies before attending MAT's courses or using MAT's products:
• Public Liability Insurance in the amount of $20,000,000; and
• Professional Indemnity Insurance in the amount of $1,000,000.
• General Indemnification: You agree to defend, indemnify, and hold harmless Movement Assessment Technologies (MAT) from and against all claims, suits, proceedings, losses, liabilities, and expenses, including attorneys’ fees, whether in tort, contract, or otherwise, that arise out of or relate, in whole or in part, to your breach of these Terms of Service or any activity by you in relation to the Sites, MAT products, or your use of the Services and educational materials.
• Release of Liability: You hereby waive and release, indemnify, hold harmless, and forever discharge Movement Assessment Technologies, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers, and trustees of and from any all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Movement Assessment Technologies, provided that this waiver of liability does not apply to any acts of gross negligence, or intentional, willful, or wanton misconduct.
• Assumption of Risk: You understand that the activities, in which you will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property, and/or death. On behalf of yourself, your heirs, assigns, administrators, executors, and next of kin, you waive all claims of damage, injuries, and death sustained to you or your property, that you may have against the aforementioned release party to such activities, including claims in tort, contract, equity, or otherwise.
• Health and Fitness Condition: You acknowledge, agree, and represent that you understand the nature of Movement Assessment Technologies, you, and your clients are in good health and in proper physical condition to participate in such activities and usage of MAT products. You further agree and warrant that if at any time you believe conditions to be unsafe, you will immediately discontinue further participation in the activity.
• Risk and Responsibility: You assume any risk, and take full responsibility and waive any liability of personal injury, death, damage, or loss of personal property of yourself or your clients, associated with Movement Assessment Technologies.
• Capacity Testing Tools: You acknowledge and agree that you understand that MAT products and software are capacity testing tools and not medical devices to be used on patients or to be utilized to diagnose medical conditions.
• Continuation of Terms: The provision of these terms and release will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Movement Assessment Technologies, whether by agreement, by operation of law, or otherwise.

4.3. Competitors

If you are in the business of providing similar Services or products for the purpose of providing them to users for commercial gain, whether business users or domestic users, then you are a competitor of Movement Assessment Technologies. Competitors are not permitted to purchase, use, or access any information, apps, courses, or products. If you breach this provision, MAT will hold you fully responsible for any loss that we may sustain and hold you accountable for all profits that you might make from such a breach. If you are deemed to be a competitor or act maliciously towards MAT or reproduce our product, we reserve the right to request product recall within 10 days from contact.

4.4. No Derogatory Comments

We work to a high standard and we value our business reputation. In the unlikely event that you are dissatisfied with any of our work, you should raise your concern to [email protected]

. It is a condition of our purchase and use that you will not make any critical or derogatory comment about Movement Assessment Technologies to any third party, and you will not publish any such comment, whether on a website, via the Internet, or otherwise. Any breach of this clause may result in legal proceedings being issued against you.

4.5. Additional Terms

• Users can only use one free trial or voucher code. If you have already used a voucher code for a free Measurz app trial, our two-month free trial offer included with the Muscle Meter will not apply.
• Team discount not valid if/when Muscle Meter is on sale or available at a discounted price.
• Discounted pricing tiers and offers in our online shop are not valid for orders processed manually via invoice or any other methods beyond checkout in our online shop.

 

5. MAT PRODUCT WARRANTY TERMS

5.1. RunScribe Products

• All RunScribe products are fulfilled, and refunds/warranties are provided by Runscribe according to their terms of use at www.runscribe.com.
• Returns & Warranties: https://runscribe.com/returns-warranties/
• Terms of Use: https://runscribe.com/terms-of-service/
• Privacy Policy: https://runscribe.com/privacy/
• Important Note (RunScribe shipped from the USA): Certain countries have an import/customs tax on products due on arrival into the country. We have no control over this. Please check your country's import tax rules before purchasing. MAT is not responsible for any additional charges you may incur due to shipping, including taxes and duty charges. Refunds on products or courses will not be provided should you choose not to pay these locally incurred taxes/fees.

5.2. MAT Product Warranty Periods

• MAT/MegaMAT/Hop MAT: 12 months limited product warranty.
• Please note: Due to printing techniques used on our products, a 2-3% error tolerance can be expected. Please do not purchase if this is of concern.
• MAT/MegaMAT/Hop MAT 'Lite' products: 60 days limited product warranty.
• Please note: Due to printing techniques used on our products, a 2-3% error tolerance can be expected. Please do not purchase if this is of concern.
• RunScribe: as per the RunScribe website. Warranty provided by RunScribe.
• Muscle Meter: 12 months limited product warranty (24 months if you hold a Measurz subscription continuously from the purchase of your Muscle Meter). 500kg limit.
• Gripper: 12 months limited product warranty (24 months if you hold a Measurz subscription continuously from the purchase of your Muscle Meter). 150kg limit.
• Muscle Meter Accessories (including Pusher Cap, Puller Pack): 90 days limited product warranty. Pusher Cap limit: 100kg. Puller Pack limit: 100kg.

5.3. Product Terms

• Limited Warranty: Movement Assessment Technologies (MAT) warrants to the original purchaser of MAT products (the “Product”) that they shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the “Warranty Period”). This is extended to two (2) years from the date of purchase if you have been using our Measurz app continuously from the date of purchase.
• Warranty Limitations:
• MAT does not warrant that the operation of the Product will be uninterrupted or error-free.
• MAT is not responsible for damage arising from failure to follow instructions relating to the Product’s use in our Measurz training portal.
• This Limited Warranty does not cover software embedded in the Product and the services provided by MAT to owners of the Product. Refer to the license agreement accompanying the software and the MAT service terms of use for details of your rights with respect to their use.
• Warranty Remedies: If a hardware defect arises and a valid claim is received by MAT within the Warranty Period, MAT will, at its option and to the extent permitted by law, either (1) repair the Product at no charge or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply, except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by MAT itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware or product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
• Warranty Service:
• To obtain warranty service, you must contact MAT via email [email protected]  and obtain a Return Material Authorization (RMA) and then return the Product in either its original packaging or packaging providing an equal degree of protection, to the address specified by MAT.
• You will cover the cost of shipping the product to MAT and assume all risk of loss or damage to the Product while in transit to MAT.
• MAT will cover the cost of shipping any replacement Products back to you.
• Any product returned to MAT without an RMA and without all the original accessories will either be returned to you at your expense, or you will be charged a restocking fee of 20% of the original purchase price of the Product or the retail value of the missing accessories, whichever is higher.
• In accordance with applicable law, MAT may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
• It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and MAT will not be responsible for any such damage or loss.
• Warranty Exclusions: This warranty does not apply to a Product or part of the Product that has been altered or modified (i.e., to alter functionality or capability) by anyone who is not a representative of MAT or if the Product is inserted or installed in a casing not provided by MAT. In addition, this Limited Warranty does not apply: (a) to damage caused by the use of non-MAT products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by MAT or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of MAT. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
• No Unauthorized Modifications: No MAT reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
• Product Recall: MAT retains the right to recall products should it need to do so.

5.4. PRODUCT RETURNS & 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 if it is purchased in a business name.
• 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 to contact us within 14 days of receiving your order.
• All returns are subject to us receiving the item back within 14 days of receiving them. 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.
• 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.
• Any shipping costs incurred in shipping the products to you will be deducted from the final refund price.
• MAT reserves the right to charge a 20% restocking/administration fee.

 

6. MAT COURSE TERMS

6.1. FREE MAT Policy

• FREE MAT is only included with your first MAT Level 1 Course when purchased at the full, non-discounted course rate. Not valid with payment plan purchases.
• Team discounted rates include 1x MAT only.

6.2. FREE Muscle Meter Policy

• FREE Muscle Meter is only included during special promotional periods and with your first MAT Level 1 + 2 Course when purchased at the full, non-discounted course rate. Not valid with payment plan purchases. Code required to be used to claim the valid offer. Only valid with courses run and hosted by MAT. Not valid on international live courses.

6.3. MAT Course and MAT Portal Usage

• Any MAT course is a single license login intended only for the person who purchased the course and created the login details (unless you nominate another user upon sign-up). You understand that we utilize tracking software to determine abnormalities in logins via our online platform and that we may freeze your account should it detect inconsistency in your access.
• If you are found to have breached any of the terms below or to have shared your login details with anybody else and your account is frozen, your course access will be discontinued immediately and you will not be issued with a certificate or given a refund.

6.4. MAT Online Course Policy

• If you wish to un-enrol for any reason, the following policies apply at the discretion of MAT:
• 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.
• 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.
• To gain a refund, you must return any product included with your course in its original condition within 14 days of requesting a refund at your own cost. Refunds will deduct any shipping costs incurred with shipping you these products and incur a 10% administration fee.
• If you have any concerns over the course material, have a complaint, or feel improvements can be made to our CPD courses, please feel free to contact us at: [email protected].
• FREE attendance at a MAT Live course with MAT Online Level 1 + 2 Course: This only applies to courses hosted solely by MAT only. Not valid on international live courses.
• FREE MAT Online Course Following A MAT Live In-person Course: A single access license is provided with access limited to 3 months following the live course for revision purposes.

6.5. MAT Live Course Policy

• No cancellations or refunds are applicable to our live courses.
• If you cannot make your selected course date, you will receive access to the corresponding MAT online course. Rebooking of your live course can occur via the rebooking policy below at our full discretion.
• MAT reserves the right to reschedule a course due to unforeseen circumstances and those enrolled will be informed as soon as possible and rebooked to the next available course. No refunds or reimbursement will be made for lost costs associated with attending the course, including, but not limited to flight, hotel, or lost income expenses. On an occasion that we reschedule your live course, we will transfer your course to the corresponding MAT online course until the next live course date you choose to attend.

6.6. MAT Live 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 AU$250 will apply.
• Less than 8 weeks from your practical course commencement, a AU$250 re-booking fee will apply.
• Less than 1 week from your practical course commencement, a AU$500 re-booking fee will apply.

6.7. 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 online courses or 7 days of attending our live courses. You must return your MAT in its original condition within 14 days of requesting a refund at your own cost, and we will provide you with a full refund (minus any charges incurred with shipping your MAT).
• 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.

6.8. Prohibited Use of MAT Materials

• You are prohibited from using our MAT or other products, Measurz app, and course material in any educational materials/program, or taking any payment for using these in educational or teaching settings without written approval. Any breach of this will require full payment of fees to Movement Assessment Technologies for any of the proceeds of such activities, not limited to use in Universities, private courses, and online material. To contact the MAT team about integrating the MAT into your educational materials/program, please email [email protected].

6.9. Private or Hosted Course Policy

• For privately arranged courses, a 30% non-refundable deposit is required upon booking. Full payment is required 4 weeks prior to the course beginning.
• If insufficient numbers are reached or full payment is not completed 4 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 are 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, including but not limited to admin, transport, or marketing expenses.

6.10. MAT Course Payment Plan Policy

• By submitting your order via the payment plan option and authorizing the electronic debits from your bank account or charges on your card, you are legally bound to the following terms:
• You acknowledge that you authorize Movement Assessment Technologies to electronically debit your account on the date of purchase, and on the following payment plan due dates for the selected period of instalments.
• You acknowledge that the full total of the product/course cost will be paid to Movement Assessment Technologies by the final instalment due date.
• You acknowledge that the credit card(s) or payment method(s) that you are using to make this purchase will be active, valid, and have sufficient funds available during the entire term of the payback period. If for any reason your payment is declined, you will provide an alternative, valid payment method.
• You understand that you may be assessed a late fee(s) if a payment is missed on any of the agreed-upon payment dates for any reason whatsoever. Fees of 10% per month apply to missed payments. An extra $50 administration fee may also be charged.
• You understand that you are legally bound to these terms and required by law to make all payments on the agreed-upon payment dates.
• You understand that you are legally bound by all terms and conditions of purchase at www.matassessment.com/pages/terms.
• Movement Assessment Technologies reserves the right to report delinquent payments to credit agencies and collections agencies.
• Movement Assessment Technologies also reserves the right to change the payment schedule at its discretion.

6.11. Photography and Media Usage

• MAT reserves the right to take photographic images and video during their courses and utilize any content containing the MAT on social media.
• Students who have purchased our products or attend MAT courses who do not wish to be photographed or have their material used by MAT need to advise us in writing 48 hours prior to the start of the practical course or when purchasing our products.
• Taking photos and recording videos by course attendees is strictly prohibited and a breach of MAT copyright.

 

7. COPYRIGHT

7.1. Proprietary and Confidential Material

The material contained within this website and our courses, apps and products are proprietary and confidential to Stephen Kenneth King and Movement Assessment Technologies. Content and images are provided for the sole purpose of educating health and fitness professionals in movement assessment, treatment, and training. It is strictly prohibited to use, modify, copy, or disclose any information from this website or our courses for any other purpose without the express written permission of Movement Assessment Technologies. If you are not the intended recipient of this material, you are required to destroy it immediately.

7.2. Copyright Ownership and Restrictions

Copyright [2014-] Movement Assessment Technologies. All rights reserved.

Copyright on this website (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 applicable in your location, and except as expressly authorized 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 website; or
• commercialize any information, products, or services obtained from any part of this website; without our written permission.

7.3. Unauthorized Teaching and Use of MAT Material

Completing this course does not grant you the right to teach our MAT material. Any use of the MAT in any teaching content without written consent from us will constitute a breach of our license, copyright, patent, and trademarks and will be subject to litigation.

 

8. MAT WEBSITE TERMS & CONDITIONS

8.1 Acceptance of Terms

Your access to and use of this website, as well as all related websites operated by the Movement Assessment Technologies (the “Company”) (including MAT and matassessment.com, functionalmovementgroup.com, 21stcentury.physio, mat.physio, symposium.physio, MAT Users Group Facebook Page, MAT Community, Online Physiotherapy Symposium Facebook Page, 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.

8.2 Content Ownership and Use

• 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., (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.
• 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.

8.3 Trademarks and Intellectual Property

• 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, The MAT, 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.

8.4 Accuracy of Information

• 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.

8.5 Electronic Communications

• 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.

8.6 User Submissions

• If you send comments or suggestions about the Site to the Company, including, but not limited to, notes, text, drawings, images, videos, 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.

8.7 Data Security

• 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.

8.8 Privacy Policy

• 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.

8.9 Disclaimer of Warranties; Limitation of Liability

• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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.

Last Updated: 19/03/2025