TERMS AND CONDITIONS

Amy Carmody Movement Amy Carmody Movement

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE AMY CARMODY MOVEMENT PLATFORM.

These Terms and Conditions may be updated from time to time. Where a change materially affects your rights or obligations (for example, price, cancellation rights, or the scope of services), we will take reasonable steps to notify existing members before the change takes effect - for example by email or an in-platform notice.

1. Definitions

In these Terms, "Amy Carmody Movement", "we", "us" or "the Company" means Amy Carmody Yoga Pty Ltd ABN 44 644 710 127 trading as Amy Carmody Movement, and includes its directors, officers, employees, contractors, and agents where the context requires. "you" or "member" means any person who accesses or uses the Site, purchases a membership, or enrols in a program. "the Site" means www.amycarmodyyoga.com.au and any related platforms, apps, or portals used to deliver our services (including the Kajabi platform).

2. Health, Safety and Assumption of Risk

2.1 Medical Advice

We strongly recommend that all members seek advice from a medical practitioner before commencing any program, and in particular before commencing or continuing a program while pregnant or in the postnatal period, or if you have any pre-existing injury, condition, or health concern.

2.2 Health Acknowledgement

By registering for or participating in any class, program, or content offered by Amy Carmody Movement - including pre-recorded classes, live classes, fitness programs, prenatal and postnatal programs, and nutritional content - you confirm that:

• you have disclosed to us, to the extent you are aware, any medical condition, injury, or health issue that may affect your ability to safely participate;
• if you are pregnant, postnatal, or recovering from childbirth, you have consulted your medical provider and been advised that you are able to participate in the type of physical activity offered;
• you will continue to monitor your own health throughout your participation and will stop immediately and seek medical advice if you experience pain, dizziness, shortness of breath, bleeding, or any other concerning symptom; and
• you will follow any modifications, instructions, or safety guidance given as part of the program.

2.3 Statutory Warning - Limitation of Liability for Recreational Services

This warning is given under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic). It uses the exact wording currently prescribed by Consumer Affairs Victoria for this purpose.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 If you sign up to, purchase, or otherwise agree to these Terms, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in these Terms, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.  Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named in these Terms is required to ensure that the recreational services it supplies to you - are rendered with due care and skill; and - are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and - might reasonably be expected to achieve any result you have made known to the supplier. Under section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by these Terms.  NOTE: The change to your rights, as set out in these Terms, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

2.4 Assumption of Risk

You acknowledge that participation in physical activity - including yoga, exercise, and movement-based programs - carries inherent risks, including the risk of muscular or skeletal injury, and in rare cases, serious injury or death. Risks may be heightened during pregnancy and the postnatal period.

Under sections 53 to 55 of the Wrongs Act 1958 (Vic), if you were aware, or a reasonable person in your position would have been aware, of an obvious risk of an activity, you are presumed to have been aware of that risk for the purposes of any claim. You voluntarily assume the inherent and obvious risks of participation described in this section.

2.5 Limitation of Liability

To the maximum extent permitted by law, and subject to clause 2.6 below, Amy Carmody Movement excludes all liability for any injury, illness, or loss arising from your participation in our programs or use of our Site, except where that liability arises from gross negligence (as defined in clause 2.3) or cannot be excluded under the Australian Consumer Law.

This limitation does not apply to, and nothing in these Terms excludes, restricts, or modifies:

• any consumer guarantee under the Australian Consumer Law that cannot lawfully be excluded;
• liability for death or personal injury caused by gross negligence, as described in the statutory warning at clause 2.3; or
• any other right you have that cannot be excluded, restricted, or modified by agreement under Australian law.

2.6 No Waiver of Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you have under the Australian Consumer Law in respect of goods or services not supplied with due care and skill, not fit for purpose, or otherwise not matching their description, except to the extent expressly permitted under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic) and set out in clause 2.3.

2.7 No Guarantee of Results

Results from any fitness, movement, or nutritional program vary between individuals. Amy Carmody Movement does not guarantee any particular health, fitness, or aesthetic outcome from participation in its programs.

2.8 Emergency Situations

You are responsible for ensuring your environment is safe for exercise, and for stopping any activity immediately if you experience pain, dizziness, shortness of breath, bleeding, or discomfort. In an emergency, contact emergency services (000) or seek medical attention immediately. Amy Carmody Movement is an online platform and cannot provide emergency medical assistance.

3. Membership Terms

3.1 Introductory and Trial Offers

From time to time we may offer an introductory or trial period at a reduced price or free of charge. Unless stated otherwise as part of a limited-time promotion:

• introductory and free trial offers are limited to one per customer;
• at the end of the introductory or trial period, your membership automatically continues at the then-current full membership price, charged to the payment method you provided, until you cancel.

Where a customer uses more than one introductory or trial offer without our prior written approval, we may charge the then-current full membership price for the relevant billing period(s), applied at the applicable billing interval.

The Intro Offer runs on a 30-day billing cycle and automatically rolls into an ongoing membership on a 7-day (weekly) or 14-day (fortnightly) billing cycle at the then-current full price, unless cancelled beforehand in accordance with clause 3.6.

3.2 Automatic Renewal

Membership subscriptions automatically renew at the billing interval selected at sign-up (for example, fortnightly), with payment automatically charged to your provided payment method until you cancel. You may cancel at any time using the instructions in clause 3.6; cancellation will take effect at the end of the current billing period unless otherwise required by law.

If you cancel after your current billing period has already renewed, cancellation will take effect at the end of that new period, and no refund will be given for the period already charged.

3.3 Fees and Non-Use

Your membership fee is charged for continued access to Amy Carmody Movement for each billing period, regardless of how much of that access you use. We do not offer refunds for a period of non-use where the platform and its content were available to you. If you no longer wish to continue, you can cancel at any time using the instructions in clause 3.6.

Where you contact us to cancel your membership and are charged before we are able to process that request, we may, at our discretion, refund that charge as a gesture of goodwill. This is not an entitlement and does not constitute a general right to a refund for any other billing period.

3.4 Personal Use, Copyright and Prohibited Commercial Use

Membership access, and all content made available through it (including videos, class sequences, choreography, scripts, written materials, and any other content, whether provided live, pre-recorded, or downloadable) (together, the "Content") is for your own personal, non-commercial use only. All Content is protected by copyright and other intellectual property laws, and all rights not expressly granted to you are reserved.

Nothing in this clause prevents you from sharing your own genuine experience of participating in our programs - for example, photos or videos of yourself taking part, or a testimonial - on your own social media or elsewhere, including where you credit Amy Carmody Movement. We welcome this kind of sharing.

You must not, however, and must not permit or assist any other person to: copy, record, screen-record, download, reproduce, adapt, translate, or create any derivative work based on the Content for a commercial purpose; republish, upload, broadcast, or distribute substantial portions of the Content, in whole or in part, to any other person or platform for a commercial purpose; or use the Content, or any work derived from it, to develop, market, promote, or launch a competing fitness, yoga, movement, or wellness business, service, or offering - whether or not you credit Amy Carmody Movement in doing so (together, "Unauthorised Commercial Use"). Crediting Amy Carmody Movement does not make an otherwise-prohibited use permitted.

Unauthorised Commercial Use is a serious breach of these Terms and of copyright law. In addition to any other right or remedy available to us, including under the Copyright Act 1968 (Cth), if you engage in Unauthorised Commercial Use, we may immediately suspend or terminate your access without refund, and you must immediately remove and permanently cease using any material derived from the Content.

3.5 Commercial Licensing

If you wish to use the Content, or create commercial content derived from it, for a commercial purpose - including to develop, market, or promote your own business or offering - we may, at our discretion, consider granting a commercial licence on a case-by-case basis. Fees for this type of licence start at $50,000 AUD per annum. If you would like to discuss a commercial licence, please contact us directly through the contact page at www.amycarmodyyoga.com.au before undertaking any commercial use of the Content.

Unauthorised Commercial Use is a breach of these Terms and of copyright law. Where it occurs, we may pursue our actual loss (which we consider is evidenced, at a minimum, by the licensing fee set out above), seek an injunction restraining further Unauthorised Commercial Use, require an account of profits, and recover our reasonable legal costs of enforcement, in addition to immediately suspending or terminating access under clause 3.4.

3.6 Cancellation

If you cancel your membership before the end of a trial period, you will not be charged. Memberships can be cancelled at any time through the membership portal. To cancel:

Desktop/Laptop

• Click the avatar in the top right corner.
• Click Settings.
• Click the Billing tab.
• Scroll down to Active Subscriptions.
• Click the three dots (...) to the right of the subscription.
• Click Cancel this subscription.

Mobile

• Click the dropdown menu in the top right corner of your browser.
• Click Settings.
• Click the Billing tab.
• Scroll down to Active Subscriptions.
• Click the three dots (...) to the right of the subscription title (on some devices these may overlap the text - click through to them).
• Click Cancel this subscription.

If you have an outstanding balance, the system may prevent cancellation until your account is brought up to date. If you are unable to cancel for any other reason, please contact us at contact@amycarmodyyoga.com.au

4. ACY Teacher Training - Terms

Payment for the ACY Teacher Training constitutes acceptance of these Terms.

4.1 Payment

Full payment, or payment in accordance with an agreed instalment plan, is required to secure enrolment and access to the training materials.

4.2 Access

Enrolment includes lifetime access to the program materials. As access does not expire, deferral of enrolment to a future date is not necessary and is not offered.

4.3 Refund Policy

Refunds are not offered for a change of mind, including where you decide the program is not what you expected, no longer have time to complete it, change your mind after purchasing, or do not get around to completing it. This applies regardless of how much of the course you have accessed, given that lifetime access means there is no time pressure to complete it by a particular date.

4.4 Accreditation Disclosure

This training is not accredited by, registered with, or affiliated with Yoga Alliance or any similar third-party accrediting body, and we do not pursue such accreditation as a matter of program policy. You should independently verify, prior to enrolling, whether any specific accreditation is required for your intended use of this training (for example, for insurance, employment, or studio requirements in your jurisdiction). The absence of third-party accreditation does not, on its own, entitle you to a refund under this policy.

4.5 Consumer Guarantees

Nothing in this policy excludes, restricts, or limits any right you may have under the Australian Consumer Law, including any entitlement to a remedy where the training is not provided with due care and skill, is not fit for the purpose for which it is sold, or otherwise fails to meet a statutory guarantee. This policy applies to claims based on change of mind or personal circumstance, and does not limit claims arising from a failure to meet a consumer guarantee.

4.6 Acknowledgment

By completing payment, you acknowledge that you have read and understood this refund policy and agree to be bound by it.

5. Lecture Series - Terms

A Lecture Series may be purchased with a one-off payment. Payment grants you ongoing access to the course material of the specific Lecture Series purchased only.

• Access to a Lecture Series and its course material is for personal use only.
• Course material is protected by copyright and must not be copied, reproduced, or redistributed without our prior written permission.
• Login details must not be shared with or distributed to any third party. Members who breach this may be liable for any resulting loss.
• We may revoke or suspend access if these Terms are breached, or if we reasonably detect abnormal account activity.

6. General Terms of Use

6.1 Intellectual Property

The Site and all content made available on it - including videos, training materials, graphics, text, and the overall look and feel of the Site (together, the "Content") - is owned by, or licensed to, Amy Carmody Yoga Pty Ltd. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable licence to access and use the Content solely for your personal, non-commercial purposes. You must not copy, reproduce, republish, upload, transmit, distribute, or use the Content for any commercial purpose without our prior written permission.

All trade names, trademarks, and images used in the Content, including the name and trademark 'Amy Carmody Yoga', are owned by, or used with permission by, the Company. Unauthorised use of the Content may infringe copyright, trademark, or other rights.