Terms and Conditions
Welcome to www.forwardmoves.com.au (“our Site”).
Our Site gives you an opportunity to browse and purchase products and services offered by EMAY SERVICES PTY LTD (ACN 653 836 250) trading as Forward Moves (we, us, our).
These Terms and Conditions (Terms) govern your use of our Site, our products and services, and form a binding contractual agreement between us, and you.
These Terms are important and should be read carefully. Any questions about these Terms must be directed to us in writing at info@forwardmoves.com.au before using our Site, buying our products or engaging our services.
Subject to any subsequent agreements you may be required to enter with us, these Terms constitute the entire agreement between you and us and supersedes all prior agreements, conduct, representations and understandings. You confirm you have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
ACCEPTANCE OF TERMS
1 By:
(a) browsing, accessing, purchasing, or using the products or services offered on our Site, whether or not you have purchased or engaged our products or services either directly or indirectly, and irrespective of your capacity as an individual, as an employee of a business, or as a business; or
(b) where we provide you with a quote for our services (Quote), by paying any amount to us in respect of our services or otherwise instructing us to proceed with the services in writing,
you acknowledge that you have read and understood these Terms, our Disclaimer and Waiver and Quote, if applicable, and agree to be bound by them, and all our other policies.
2. VARIATIONS TO TERMS
2.1 We reserve the right, in our sole discretion, to vary, change or amend any part of these Terms.
2.2 In that event, we will provide notice of the variation by publishing the updated Terms on our Site.
2.3 The updated Terms will be taken to have effect on the date of publication.
2.4 Your continued purchase of our products, use of our services, and the Site constitutes your acceptance of the updated Terms and is taken as your agreement to be bound by these updated Terms.
2.5 Should you object or disagree to the Terms, your only remedy is to contact us at info@forwardmoves.com.au and immediately discontinue your use of the products and/or services.
3. SERVICES
BUILD SERVICES
3.1 We are a creative agency service that provides business consultancy services, creative and graphic services, digital asset and white label services and marketing services to assist with streamlining business procedures and branding.
3.2 Please see our Site for further details of our services.
3.3 Where you select one of our creative services you must first enquire and book a zoom consultation with us.
3.4 Where you purchase one of our digital assets on our website, you are required to provide your branding details and pay for your products in full.
3.5 We estimate an approximate turnaround time on delivery of chosen service. The turnaround time will be supplied to you upon your inquiry with the service. We are not liable for any delays caused by you failing to provide us with any information we require in a timely fashion.
3.6 Regarding our Creative Services we require a 50% deposit of the Package price before we commence our services, or 2 monthly instalments if you opted for the 4-6 month payment plan
3.7 The final payment must be received prior to any products and or services being wholly shared with the recipient.
3.8 If you do not make an effort to complete your build within the estimated time of the build, you may be subject to additional charges to complete the build
3.9 If we have not been able to contact you for 3 months and your build has not been completed, you will be required to pay the difference in completing your build for the retail price at the time of your return to the service.
MEMBERSHIP SERVICES
3.10 You acknowledge that this is a month-to-month service and either party can cancel at any time.
3.11. You agree that your membership assets will be released to you on the first of every month, only if your payment has been processed,
3.12 Where you purchase our membership, you understand that your assets will not come customised, and, are not individually customised.
3.13 You acknowledge and understand that Forward Moves employs a Sports Nutritionist who creates sample daily eating guidelines. You agree that these guidelines are not customised meal plans and do not constitute health advice for any individual. They are intended solely as examples of balanced eating."
3.14 You agree to hold liability foryour use of our Forward Moves Membership resources.
3.15 You agree to not share or pass on our assets to another peer in the industry.
4. PRICES
4.1 All prices for our products and services are in Australian Dollars (AUD).
4.2 All prices for our products are as displayed via our site.
4.3 The price of our other services may be provided to you by way of a Quote.
4.4 All prices are inclusive of GST (if applicable) unless indicated otherwise, and exclude delivery charges and customs duty and other taxes, if applicable.
4.5 All prices are subject to change without notice.
4.6 We reserve the right to modify, cancel and limit any service or work at any time.
5. PAYMENTS
5.1 We will send you invoices for our Creative Services, and you agree to pay the invoices using the payment method specified in the invoice within 5 business days of receiving such invoices.
5.2 We require a 50% deposit before we commence our services. A payment plan can be requested over monthly installments for up to 6 months.
5.3 Depending on the service required, invoices will be issued with due dates.
5.4 All invoices must be paid in full, in accordance with clause 5.1, before we release our Services.
5.5 We accept payments via Stripe or Xero.
5.6 Some of our payments are operated through an online and automated billing system (Online Payment). Where your payments are made via Online Payment:
(a) You agree to ensure sufficient funds are available in your nominated account to meet any account withdrawals made by us on their scheduled due dates.
(b) If payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account without need for notification at a future date.
5.7 Where another agent or enterprise is debiting funds pursuant to an arrangement entered into with us, you also affirm the same rights and undertakings explained in these Terms to them.
5.8 We may require payment for the service you select to be made via direct debit.
5.9 You agree to authorise us to set up a direct debit system linked to your nominated bank account or credit card, and process the payment of the relevant Fees automatically, when it becomes payable.
5.10 We will provide you with a form in which you can provide your bank account details to direct debit or alternatively credit card details, and we will withdraw the relevant Fees when it becomes due and payable, from your bank account via direct debit, or from your credit card, whichever you provide us.
5.11 You agree to ensure sufficient funds are available in your nominated bank account to meet any account withdrawals made by us.
5.12 If payment is defaulted or not received, you authorise us to debit any outstanding funds (including any dishonour fees or additional charges incurred by us) from your nominated account without need for notification at a future date.
5.13 We reserve the right to suspend or terminate any product or service, at our discretion, if payment is defaulted.
5.14 We reserve the right to on-sell or otherwise authorise a debt-collection or other authorised agency to collect any amount not paid by you.
5.15 We reserve the right to inform credit watch monitoring services of ongoing defaults trends or payment-avoiding strategies employed where we deem it is appropriate.
6. ADDITIONAL WORK
6.1 Any requested additions to our services, made after you have received and accepted our Quote (Additional Work) will incur additional charges or fees and we will provide a further quote for Additional Work (Further Quote).
6.2 You agree that the Fee for Additional Work for any service builds shall be billed at $150.00 p/hour inc GST and payable in accordance with clause 5.1.
6.3 All Additional Work must be submitted and approved by both parties in writing by email.
6.4 In accordance with clause 3.9, you will be required to pay the difference from a hiatus of contact upon your commencement. When you decide to commence, you will be required to pay the current retail price for the build.
7. GENERAL DISCLAIMER
7.1 Please see our Disclaimer and Waiver located at www.forwardmoves.com.au
8. YOUR OBLIGATIONS
8.1 During the delivery of our Services, you agree to:
(a) respond promptly to our communications in relation to the Services;
(b) provide, within a reasonable amount of time, accurate, complete and current information or documentation reasonably required by us to perform the Services; and
(c) act in good faith.
9. CONFIDENTIALITY
9.1 Each party (Recipient) must keep secret and confidential and not disclose any Confidential Information (which is or has been disclosed to the recipient by the other party, its representatives or advisers), or these Terms, except:
(a) where the information is in the public domain as at the date of these Terms (or subsequently becomes in the public domain other than by breach of any obligation of confidentiality binding on the Recipient);
(b) if the Recipient is required to disclose the information by applicable law or the rules of any other document with statutory content requirements, provided that the Recipient has to the extent practicable having regard to those obligations and the required timing of the disclosure consulted with the provider of the information as to the form and content of the disclosure;
(c) where the disclosure is expressly permitted under these Terms and Conditions or is required to give effect to these Terms and Conditions;
(d) if disclosure is made to its personnel to the extent necessary to enable the Recipient to properly perform its obligations under these Terms and Conditions or to conduct their business generally, in which case the Recipient must ensure that such persons keep the information secret and confidential and do not disclose the information to any other person;
(e) where the disclosure is required for use in legal proceedings regarding these Terms and Conditions; or
(f) if the party to whom the information relates has consented in writing before the disclosure.
9.2 Each Recipient must ensure that its personnel comply in all respects with the Recipient's obligations under this clause.
9.3 Definitions
Confidential Information of a party means all information (in any form):
relating to or arising from the Services;
that concerns that party’s business operations and which any reasonable person would consider to be of a confidential nature (such as trade secrets, methods, strategies, client lists, pricing, and other business processes); and
but does not include information that:
3. is or becomes independently developed or known by a party through no breach of these Terms by that party; or
4. becomes publicly available, without breach of these Terms;
9.4 This clause survives termination or expiry of these Terms.
10. COPYRIGHT AND TRADEMARK NOTICES
10.1 All material on this Site, or otherwise delivered by us via our services (Our Content), is subject to copyright.
10.2 Regarding the templates we provide, we grant you a licence to use them for your business purposes, but you must obtain our permission if you wish to use them for any other purpose.
10.3 For abundant clarity, while you may use our templates as part of your services as a fitness and/or health coach, our templates are not intended for individual sale and you must not sell our templates as individual products, without first obtaining our prior permission.
10.4 Modification of Our Content, other than our Templates, for any other purpose is a violation of our copyright and other proprietary rights and is strictly prohibited.
10.5 You acknowledge that you do not acquire any ownership rights by using the Site or Our Content.
10.6 Regarding our graphic design templates,we grant you a license to use them for business purposes, however, you must gain permission through a white label agreement and/or verbal or written confirmation to trademark them for your business needs.
10.7 The trademarks, logos, and service marks displayed on our Site to denote our brand are either registered or unregistered trademarks of us (our Marks). Our Marks, whether registered or unregistered, may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion with customers, or in any manner that disparages us.
10.8 Nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any our Marks without our express written permission.
10.9 You agree that damages may be an inadequate remedy to a breach of these Terms and acknowledge that we will be entitled to seek injunctive relief if such steps are necessary to prevent violations of its intellectual property rights.
10.10 This clause survives termination of these Terms.
11. RIGHT TO SUSPEND, TERMINATE AND REFUND
11.1 We reserve the right to suspend or terminate your use of the Site or our services generally if you breach these terms, as determined by us in our sole discretion.
11.2 If you change your mind on your product order and/ or chosen service, you acknowledge that we do not provide refunds and you will forfeit this payment.
11.3 If you cancel after you have paid a deposit, or first instalment there is no cancellation fee, and you acknowledge and agree that you forfeit the deposit.
11.4 If you terminate our services early (prior to your services being completed), you acknowledge and agree that the outstanding fees for those services are payable. We will issue an invoice for all work accessed or completed (as the case may be) in the course of providing its services up to the time and date that written notice was given to us that the services were cancelled.
11.5 Refunds are not provided for our products and/or services, whether accessed by you or not, unless we are in breach of the Australian Consumer Law, as set out in Schedule 2 to the Australian and Competition Act, 2010 (Cth).
11.6 Any initial deposits paid to us for the provision of services to you are non-refundable.
11.7 Final payments are non-refundable after the completion of our services.
11.8 Any refund requests will be assessed on a case-by-case basis.
12. NON-EXCLUSIVITY
12.1 You acknowledge and agree that we may at all and any times provide our services to other Clients in the same or similar industry as you.
12.2 We do not provide our services on an exclusive basis.
12.3 We will however endeavour to protect the confidential information you provide us and in accordance with our privacy policy.
13. DISCOUNTS, PROMOTIONS AND OFFERS
13.1 From time to time, we may offer the opportunity to purchase our services at a discounted or promotional price, subject to these Terms.
13.2 Any discounts, promotions and offers will be confined to the time period and additional terms of sale in accordance with the details of that respective discount, promotion and/or offer as published online from time to time on our Site.
14. LIABILITY IS LIMITED
14. 1 We provide our products and services on an "as is" basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by Law. Subject to the other terms of this clause, we exclude all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Services that are not expressly set out in these Terms to the maximum extent permitted by Law.
14.2 Without limiting the generality of clause 14.1, we expressly exclude any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by your use of our products and services.
14.3 Subject to the other terms of this clause, our maximum aggregate liability owed to you in for any loss or damage or injury arising out of or in connection with the supply of our Services under these Terms, including any breach by us of these Terms however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid by you under these Terms in the one month period preceding the matter or the event giving rise to the claim.
14.4 The disclaimers, limitations of liability and indemnities within these Terms do not exclude rights that may not be excluded by Law, including but not limited to, those rights under the Australian Consumer Law.
14.5 If we are liable to you in relation to a failure to comply with a guarantee that applies under Division 1 of Part 3-2 of the Australian Consumer Law that cannot be excluded, our total liability to you for that failure is limited to, at our option, to the resupply of the Services or the payment of the cost of resupply.
14.6 Subject to the other terms of this clause, we exclude any liability owed to you, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with these Terms, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.
14.7 This clause applies to the fullest extent permitted by Law and shall survive termination of these Terms.
15. YOUR INDEMNITY
15.1 You agree to indemnify us and our officers, agents, partners, directors, shareholders and employees and subcontractors, against any direct losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by us arising out of or in connection with:
(a) your use of our products and services;
(b) any claim made against us or you by a third party arising out of or in connection with the provision of our products, services and/or these Terms;
(c) any breach of these Terms by you, including any failure to pay any fees on time;
(d)the circulation, distribution or publication of any information or materials provided by you being contrary to Law;
(e) any reliance by you or a third party on our products or services or any advice or information provided in connection with the provision of our products or services and/or these Terms; and
(f) the enforcement of these Terms.
15.2 You must make payments under this clause in full without set-off or counterclaim, and without any deduction in respect of taxes unless prohibited by Law.
15.3 We are not responsible, and expressly limit our liability to the extent permitted by Law, which is without limitation to your rights under the Australian Consumer Law, for damages of any kind arising out of use, reference to, or reliance or use on any information contained within our Site or by engaging our service.
15.4 This clause survives the termination of this agreement.
16. NO DISPARAGEMENT
16.1 At all times, you must not make any public or private statement or comment, whether oral or in writing by any method, which in our reasonable opinion is adverse to the interest, reputation or commercial standing of our business or is in any respect a disparaging remark or representation about us and/or any of our services.
16. 2 Should you breach this clause, you hereby indemnify us in accordance with clause 15 above.
17. FORCE MAJEURE
17.1 We will not be in breach of these Terms or liable to you for any Loss incurred by you as a direct result of our failing to perform our obligations or being prevented, hindered or delayed in performing our obligations under these Terms where such prevention, hindrance or delay results from a Force Majeure Event.
17.2 If a Force Majeure Event occurs, we will notify the you (Non-affected Party) in writing as soon as practicable and that notice must state the particulars of the Force Majeure Event and the anticipated delay.
17.3 On providing the notice in the above clause, we will have the time for performance of the affected obligations extended for a period equivalent to the period during which performance has been delayed, hindered or prevented, however, we will continue to use all reasonable endeavours to perform those obligations.
17.4 The performance of the affected obligations will be resumed as soon as practicable after such Force Majeure Event is removed or has ceased.
17.5 References to a Force Majeure Event in this clause means: events, circumstances or causes beyond a party’s reasonable control including (but not limited to):
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, cyber-attack, service attack, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence or other natural disaster;
(d) epidemic, pandemic, health emergencies, disease;
(e) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(f) interruption or failure of utility Services (including the inability to use public, private telecommunications networks, servers or third party hosting platforms); and
(g) the acts, decrees, legislation, regulations or restrictions of any Government Agency;
however does not include a lack of funds.
17.6 References to Loss in this clause means: any loss, liability, cost, charge, expense, Tax, Duty or damage of any nature whatsoever, including special, incidental, or consequential damages, losses or expenses (howsoever arising or caused, including, without limitation, negligence).
18. LINKED WEBSITES, AFFILIATES OR SPONSORS
18.1 Any links to other websites on our Site, which are not operated by us are not controlled by us and we accept no responsibility for them or for any loss or damage that may arise from your use of them. Your use of any linked sites will be subject to the terms of use and service contained within each such site.
18.2 As affiliates of certain services we may also receive compensation for recommending, endorsing or promoting services as featured on our Site or in the course of delivering our services. Any affiliation or sponsorship is for remuneration purposes only and is not an expression of our own recommendation, endorsement or promotion of those services which are not our own.
18.3 We make no representation or warranty as to the recommendations, endorsements or promotions we make of certain services, unless expressly stated otherwise. You acknowledge and agree that any remuneration or other non-monetary benefit we receive from our affiliated, endorsed or sponsored services is for the purposes of that affiliation, endorsement and sponsorship only. We expressly disclaim any liability arising from your use or reliance of any recommended, endorsed or promoted services by us which are not our own and caution you to make your own independent inquiry prior to any such use or purchase.
19. SEVERABILITY
19.1 If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
20. NO ASSIGNMENT
20.1 You cannot transfer or assign your rights in accordance with these Terms, including any membership or registration with us, without our prior written consent.
20.1 We may assign or transfer our rights and obligations under these Terms at any time, upon prior written notice to you of at least 4 calendar weeks.
21. SUB-CONTRACTING
21.1 We are free to sub-contract any of our obligations under these Terms, but such sub-contracting will not release us from our liabilities under these Terms.
22. BINDING ON SUCCESSORS
22.1 These Terms shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.
23. DISPUTE RESOLUTION
23.1 If a dispute arises between the parties in relation to these Terms, the dispute must be dealt with in accordance with this clause.
23.2 Any party claiming that a dispute exists must notify the other party to the dispute (Second Party) in writing of the nature of the dispute.
23.3 In the case of claims against us, all notices are to be provided to info@forwardmoves.com.au
23.4 If the dispute is not resolved by agreement within 10 business days of the Second Party receiving the notice referred to above, either party may refer the matter to mediation conducted by a mediator agreed between the parties within a further 10 business days or failing agreement within that period, as appointed by the executive director for the time being of the Australian Commercial Disputes Centre Limited.
23.5 Once a mediator is appointed, the parties agree that:
(a) The costs of the mediator shall be borne equally between the disputing parties.
(b) The chosen mediator shall determine the procedures for mediation.
(c) The chosen mediator will not have the power or authority to make any other determination in relation to the dispute.
If the parties have not mediated a resolution of the dispute within 10 business days of the selection of a mediator, neither party shall be obliged to continue any attempt at mediation under this clause, and either party may then commence such legal proceedings as it considers fit in relation to the dispute.
23.6 Nothing in this clause prevents a party from commencing proceedings seeking urgent interlocutory relief from a court of competent jurisdiction to hear the matter, if, in that party’s reasonable opinion, it is necessary to protect their rights.
23.7 Despite the existence of a dispute the parties must continue to comply with their obligations under the contract.
23.8 This clause survives termination of these Terms.
24. APPLICABLE LAW
21.1 These Terms shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales to determine any matter or dispute which arises between us.
25.YOUR FEEDBACK
25.1 We welcome enquiries or feedback on our Site. Unless specifically stated by you, we shall treat any information you provide us with, as non-proprietary and non-confidential. Please see our Privacy Policy for further details.
25.2 If you have questions or comments regarding this Site or our services, please email us at info@forwardmoves.com.au . © Progressive Legal Pty Ltd – All legal rights reserved (2021). These Terms were last updated in September 2023.