Terms & Conditions
We, Morph Performance Pty. Ltd., own and operate this website (“Reactor”) and the related mobile application (“Morph”) on the company website (the “Company Site”).
Please read these Terms and Conditions carefully as they govern your registration for the use of Reactor or Morph and your access to and the use of Reactor or Morph and any of the services we make available on Reactor or Morph (the “Services”). If you do not agree to these Terms and Conditions, please do not create an account on Reactor or Morph, and you will not be registered as a user and you are not permitted to access or use Reactor or Morph or any of the Services.
1. USE OF REACTOR OR MORPH
Reactor or Morph and the Services are provided to you for your personal use, subject to these Terms and Conditions. You agree that these Terms and Conditions constitute a legal agreement between you and us governing your registration as a user and your access to and use of Reactor or Morph and any of the Services. By creating an account on Reactor or Morph, you acknowledge that you have read and accept and agree to be bound by these Terms and Conditions, and that we extend to you a limited, non-exclusive and non-transferable licence to access and use Reactor or Morph and/or the Services subject to these Terms and Conditions.
2.1 Your access to and use of Reactor or Morph and any of the Services shall be governed by the latest version of the applicable Terms and Conditions on Reactor or Morph. We may, at our absolute discretion, modify these Terms and Conditions at any time and from time to time. Such modifications shall be effective immediately upon posting of the modified terms on Reactor or Morph. If we make material changes to these Terms and Conditions, we will notify you via a suitable announcement on Reactor or Morph and/or by way of e-mail. If you do not wish to accept the modified Terms and Conditions, please do not continue to use Reactor or Morph. Your continued access to or use of Reactor or Morph and any of the Services shall be deemed to be your conclusive acceptance of such modified Terms and Conditions.
2.2 We encourage you to check these Terms and Conditions on Reactor or Morph periodically for the latest version.
3.1 To register to access and use Reactor or Morph and any of the Services, you must be at least eighteen (18) years of age.
3.2 You must ensure that the details you provide during registration are genuine, accurate and complete. You are responsible for the continued accuracy of your details. If there are changes to your details, please update them promptly at the profile page on Reactor or Morph so that we can communicate with you effectively.
3.3 When you register to access and use Reactor or Morph and any of the Services, you will be asked to create an account by providing your name and e-mail address. Your e-mail address will be your username on Reactor or Morph. You agree to be responsible for all activities which occur using your account and/or username. Without prejudice to the generality of the foregoing, you shall be personally responsible and liable for any access to and use of Reactor or Morph and any of the Services through your username and password, notwithstanding that it may have been used by any other person without your knowledge or authority. For security reasons, we encourage you to keep your password confidential and to change your password frequently.
3.4 You shall not disclose to any person your username or password and shall not permit or authorise any person to use your username or password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your username and password against misuse by third parties.
3.5 If you suspect any unauthorized use of your account or any other breach of security, please notify us immediately.
3.6 If we have reason to believe that there is likely to be a breach of security or misuse of Reactor or Morph, we may suspend your account or require you to change your password.
3.7 You shall not access or attempt to access a user account that you are not authorised to access.
4. PURCHASE AND PAYMENT OF SERVICES
4.1 Full access to and use of Reactor or Morph and the Services shall be granted only to persons who have purchased a subscription or persons who are affiliated to a corporate subscriber.
4.2 Participants of partnered events shall be granted a one-time temporary subscription with limited access to Reactor or Morph and some of the Services. To be granted full access to and use of Reactor or Morph and the Services, such temporary users must purchase a subscription.
4.3 Customers who have undertaken a test at one of our fitness labs will be subscribed with access only to their test results on Reactor or Morph. To be granted full access to and use of Reactor or Morph and the Services, such customers must purchase a subscription.
4.4 Full access to and use of Reactor or Morph and the Services will be made available to you provided that you hold a valid account on Reactor or Morph and we have received payment of the relevant subscription fee (“Subscription Fee”).
4.5 Access to and use of Reactor or Morph and the Services will only be made available to you for the duration of your subscription period. Access to and use of Reactor or Morph and the Services in the remaining months in any training plan (outside of your subscription period) will only be made available to you upon your continued payment of the Subscription Fee. We reserve the right to terminate your access to and use of Reactor or Morph and the Services, even if your training plan has not been completed, if we do not receive payment of the relevant Subscription Fees upon expiry of the relevant subscription period.
4.6 We reserve the right to revise the Subscription Fees from time to time. Such fee revision will be notified to you via a suitable announcement on Reactor or Morph and/or by way of e-mail.
4.7 The Services are provided for non-commercial and personal use only. We reserve the right to refuse subscription order(s) from individuals or business entities who we believe are purchasing the Services for commercial reasons. The reselling of the Services is strictly prohibited, unless such reselling is with our prior written consent.
Payment of Subscription Fee
4.8 Subject to Clause 8, once your subscription period expires, your subscription to the Services will be automatically renewed for another period of the same duration and the applicable Subscription Fees will automatically be charged to your credit card via the relevant payment gateway. Should there be any change to your credit card details, please update your credit card details on Reactor or Morph before the expiry of the existing subscription period.
4.9 You may, at any time during your subscription period, elect to change your subscription plan for the following subscription period by notifying us via Reactor or Morph. Upon such notification, once your existing subscription period expires, your subscription to the Services will be renewed for such subscription period as may be elected by you and the applicable Subscription Fees will be charged to your credit card via the relevant payment gateway.
4.10 Payment of the Subscription Fees will be processed through the Chargebee payment gateway (or a similar payment gateway) and are subject to the terms and conditions of that payment gateway. As such, we do not have records or access to your credit card and other financial details. We will not be liable for any loss or damage you may suffer arising from your use of this payment method.
4.11 The Subscription Fees are non-refundable, except as expressly set out in these Terms and Conditions.
5. ACKNOWLEDGEMENT & RELEASE OF LIABILITY
5.1 By accessing or using Reactor or Morph and/or any of the Services, you acknowledge that:
a. exercise, athletic training, racing and fitness activities and programs, including the use of exercise and training equipment, are potentially hazardous activities and may involve a risk of injury or death. By accessing Reactor or Morph and using materials provided to you through Reactor or Morph (including tests, training methods and dietary information), you do so voluntarily at your own risk and with knowledge of the risks and dangers involved. To the extent permitted by applicable law, you agree to expressly assume and accept any and all risk of injury, illness or death arising from such use;
b. we do not represent or warrant that:
- your access to and use of Reactor or Morph or any of the Services will meet your requirements;
- Reactor or Morph or any of the Services will always be available or accessible;
- your access to and use of Reactor or Morph or any of the Services will always be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code; or
- any errors in Reactor or Morph or any of the Services will be corrected;
c. you are required to be physically sound and suffering from no condition, impairment, disease or other illness that would prevent you from participating in exercise, athletic training, racing and fitness activities and programs or using exercise and training equipment;
d. you are responsible for seeking advice from a healthcare professional before participating in any exercise, athletic training, racing and fitness activity or program or in the use of exercise and training equipment. You should be mindful of your current health and any restrictions that are appropriate for you. The information and materials made available to you on Reactor or Morph do not substitute specific advice from qualified healthcare professionals. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time; and
e. results may vary on different individuals. We make no representation or warranty regarding the results you will or may achieve from any of the Services we provide to you.
6. PERMITTED USE OF REACTOR OR MORPH AND THE SERVICES
6.1 By registering to access and use Reactor or Morph and/or any of the Services, you agree to only access and use Reactor or Morph and/or the Services in a proper manner as set out in these Terms and Conditions.
6.2 You may submit any content, information or material (“User Generated Content”) for inclusion on Reactor or Morph and via communication tools that are made available through Reactor or Morph. While we do not control the submission of any User Generated Content, we do reserve the right to delete, move and edit any unsuitable User Generated Content.
6.3 You are solely responsible for any User Generated Content you submit to Reactor or Morph. By submitting any User Generated Content, you represent and warrant that:
a. the User Generated Content does not contain viruses or any other similarly harmful or contaminating components;
b. the User Generated Content does not contain or link to any unlawful, threatening, abusive, defamatory or indecent material or material which is deliberately intended to upset other users or against public policy;
c. the User Generated Content does not advertise or promote any goods or services of any third party;
d. you understand that any User Generated Content that you post on Reactor or Morph in areas that are available to other subscribers becomes public information;
e. you are authorized and permitted to submit the User Generated Content to Reactor or Morph;
f. the User Generated Content does not reveal any confidential information of any third party;
g. the User Generated Content does not contain any material which infringe the intellectual property or other rights of any person;
h. you will not:
- post any User Generated Content which is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- engage in any activity that bullies, intimidates, harasses, humiliates or demeans any other person;
- post any unauthorized commercial communications for advertising purposes, including spam;
- transmit User Generated Content that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
- undermine the security and integrity of Reactor or Morph, including attempting to gain unauthorized access to any materials other than those to which you have been given express permission to access; or
- interfere with any other person’s use or enjoyment of Reactor or Morph; and
i. to the extent permitted by applicable law, you will be responsible for any and all of our losses arising out of any breach by you of any of the above provisions.
6.4 By submitting any User Generated Content to Reactor or Morph, you grant to us a perpetual, royalty-free, free of charge, worldwide, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such User Generated Content by all means and in any media now known or hereafter developed, both on Reactor or Morph and other online locations, and in other forms or media off the Internet.
6.5 You also grant to us the right to use your name in connection with the submitted content, information and material as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications with us. You hereby waive any moral rights you might have with respect to any User Generated Content you submit to Reactor or Morph.
6.6 Reactor or Morph contains content, information and material submitted by users over which we have no control and we are not responsible for any liability or consequences arising from such content, information and material. We do not promise the accuracy, integrity or quality of the content, information and material supplied to Reactor or Morph or endorse the views of such content, information and material.
6.7 Reactor or Morph may provide features that allow you to share certain content, information and/or material from your account on Reactor or Morph with others on Reactor or Morph and/or third party websites via a “Share” button on the relevant page. You are responsible for any information you choose to share in such instances. As any information that you submit in such instances becomes public information, please consider carefully what you choose to share. The sharing of any content and/or information which does not have a “Share” button on the relevant page is prohibited. We will not be responsible for any consequences arising from your submission of any information using the “Share” button.
7. OUR RIGHT TO SUSPEND OR CANCEL YOUR ACCESS TO AND USE OF REACTOR OR MORPH AND THE SERVICES
7.1 We are entitled to suspend (indefinitely or for such period as we may consider appropriate) or terminate your access to and use of Reactor or Morph and/or any or all of the Services immediately by written notice to you if:
a. you have, or if we have reason to believe that you have, committed a breach of any of the provisions in these Terms and Conditions (including Clause 3);
b. we do not receive payment of the relevant Subscription Fees upon the expiry of the relevant subscription period;
c. you become bankrupt; or
d. your user account is inactive for a period of 24 months or more.
7.2 You may terminate your access to and use of Reactor or Morph and the Services by notifying us via Reactor or Morph prior to the expiry of the relevant subscription period, following which you shall be entitled to access and use Reactor or Morph and the Services up to the last day of such subscription period. Following the expiry of such subscription period, you shall immediately cease all access to and use of Reactor or Morph and the Services and will cease to have any rights and benefits as a user.
7.3 In the event of a suspension or termination under Clause 7.1, we will not reimburse or refund to you any Subscription Fees already paid to us.
8. AVAILABILITY OF REACTOR OR MORPH AND SERVICES
8.1 Although we aim to offer you the best service possible, we make no representation or warranty that Reactor or Morph and/or the Services will meet your requirements. Due to the nature of the Internet, we cannot promise that your access to and use of Reactor or Morph and/or the Services will be completely free from interruption, third party interception or viruses.
8.2 At any point in time, Reactor or Morph will only support one (1) training plan per registered account. Once that training plan is completed or reset by you, all information relating to that training plan (including all training recordings and notes in Reactor or Morph training log relating to that training plan) will cease to be accessible or made available through Reactor or Morph.
8.3 We continually seek to improve Reactor or Morph and the Services and may make improvements to any part of Reactor or Morph and/or Services from time to time. Your access to and use of Reactor or Morph and/or the Services may be occasionally restricted without prior notice to you to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore your access to and use of Reactor or Morph and/or the Services as soon as we reasonably can.
9. DISCLAIMER OF THE COMPANY’S LIABILITY
9.1 All information provided by us on Reactor or Morph is provided in good faith. From time to time, we may provide content from other Internet sites or resources. While we use reasonable efforts to ensure that material included on Reactor or Morph is correct, reputable and of high quality, we do not make any representation or warranty in relation to such content.
9.2 To the extent permitted by law, in no event will we, our officers, employees or agents, be liable to you for any direct, indirect, special, incidental or consequential injury, loss or damage which may be suffered or incurred by you or asserted against us by any person, firm or entity whatsoever, in connection with or arising out of:
a. your access to or use of, or any inability to access or use, Reactor or Morph and/or any of the Services or any linked website; or
b. your reliance on any content or material obtained from or through Reactor or Morph or any of the Services.
9.3 If, notwithstanding the provisions of Clause 2, we are held to be liable to you for any injury, loss or damage, whether in contract or tort (including negligence or breach of statutory duty) or otherwise in connection with or arising out of these Terms and Conditions or your access to or use of Reactor or Morph and/or any of the Services:
a. we will only be responsible for any direct injury, loss or damage that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use Reactor or Morph;
b. we will not be liable for any indirect, special, incidental or consequential injury, loss or damage (including any loss of profits, revenue, business, goodwill, anticipated savings or data or business interruption); and
c. our aggregate liability to you shall in no event exceed AUD$500.
10. THIRD PARTY CONTENT AND WEBSITES
As a convenience to you, Reactor or Morph may include links to other websites or materials which are beyond our control. We do not accept responsibility for any loss, damage or consequences, however caused, which you may directly or indirectly suffer in connection with or arising from your access to and use of information from content provided on a third party website.
12. INTELLECTUAL PROPERTY
12.1 All trademarks, tradenames, logos and service marks appearing on Reactor or Morph and in the content in the Services (including our name or any of our trademarks) belong to us or our content providers. Nothing in these Terms and Conditions shall be construed as granting you, by implication, estoppel or otherwise, any licence or right to use the trademarks, tradenames, logos or service marks appearing on Reactor or Morph or in the content in the Services without our prior written consent and/or the prior written consent of our content providers. You may not, without our prior written consent, use any such trademarks, tradenames, logos or service marks as a hyperlink to Reactor or Morph or any of the Services or any other website. Any rights not expressly granted herein are reserved.
12.2 All content in Reactor or Morph and the Services is provided by us and our content providers and the intellectual property rights to or over the content in Reactor or Morph and the Services belong to us and/or our content providers. All rights are reserved. You may retrieve and display the content of Reactor or Morph and the Services on a computer screen and/or the screen of a portable device or print a copy of such content for your own personal, non-commercial use, provided you keep intact all copyright and proprietary notices. The content in Reactor or Morph and the Services cannot otherwise be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. In addition, you agree that the content in Reactor or Morph and the Services may not be used for commercial purposes or distributed commercially.
12.3 You may not, or attempt or assist another person to, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, the computer systems and other technology that operate Reactor or Morph or any of the Services or create derivative works based on Reactor or Morph or any of the Services. For the purposes of these Terms and Conditions, “reverse engineering” shall include the examination or analysis of Reactor or Morph or any of the Services to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of Reactor or Morph or any of the Services (as the case may be).
12.4 You agree not to remove any copyright or other proprietary notices if you download or print any content on Reactor or Morph or which is otherwise made available to you through your access to and use of the Services.
12.5 You shall not and shall not attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the content on Reactor or Morph or otherwise engage in any illegal activity in relation to Reactor or Morph, or enable or assist any person to do so.
13. ADVERTISING AND SPONSORSHIP
Reactor or Morph may contain advertising and sponsorship materials. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on Reactor or Morph comply with all relevant laws and regulations. We will not be responsible for any error or inaccuracy in such advertising and sponsorship materials.
14. APPLICABLE LAW
These Terms and Conditions are governed by the laws of the Republic of Australia. You agree to be subject to the non-exclusive jurisdiction of the courts of the Republic of Australia.
15. INTERNATIONAL USE
We make no promise that materials on Reactor or Morph are appropriate or legal for use in locations outside of the Republic of Australia. If you choose to access Reactor or Morph from locations outside of the Republic of Australia, you do so on your own initiative and at your own risk.
To the extent permitted by applicable law, you agree to indemnify us and our officers, employees or agents, from and against all claims, losses, expenses, damages and costs (including reasonable legal fees) suffered or incurred by us arising from your breach of any provision of these Terms and Conditions and/or your use of Reactor or Morph.
17.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another entity where we reasonably believe your rights will not be affected.
17.2 If any provision of these Terms and Conditions is held by court to be contrary to law, then such provision shall be interpreted to reflect the intention of the parties and shall not affect the enforceability of the remaining provisions.
17.3 If you breach these Terms and Conditions and we choose not to take any action against you immediately, we will still be entitled to enforce our rights and remedies at a later date and in any other occasion of your breach of the Terms and Conditions.
17.4 We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
17.5 The Company Site and Reactor or Morph are owned and operated by Morph Performance Pty. Ltd. (ABN: 53 602 745 746) having its registered address at 469 Harris Street, Ultimo, NSW 2007, Australia.
17.6 If you have any queries please contact email@example.com.
Last updated: 1st January, 2018