Terms & Conditions

These terms & conditions (terms) govern your use of this Site, as well as The Momentum Architects’ products and services (including anything created under the brand names The Momentum life Project and The Momentum Movement). You can browse this Site and purchase our products and services including memberships, downloadable resources, physical products, online training, blogs, podcasts and events.  

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

By visiting the site and by purchasing from The Momentum Architects ABN 48 687 691 639 (company, we, or us) you and the Company agree to the following legal terms and conditions, terms of use and terms of service, without modification, and you acknowledge reading them. 

SALES POLICY

The purchase of all memberships and physical and digital products, ebooks, pdf downloads and online content are subject to the following terms and conditions. All customers are advised to review these terms and conditions carefully before making any purchase.

  • All products, books, ebooks, pdf downloads, resource material, videos and online content are subject to copyright protection. Each digital product, ebook, pdf download and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person.
  • All transactions for purchase of products, ebooks, pdf downloads, resource material, videos and online content are made through payment gateways such as Stripe that use SSL encryption. These payment gateways are safe and secure for using all types of credit cards and debit cards in different countries and your details are not stored during this process.
  • In case you are not redirected back to our website after purchase or you do not receive an email from us with a link to the product of your purchase in the case of an intangible product, you can immediately contact us with your transaction details, including the email ID through which the payment was made. We will revert back to you with your product details and download link as soon as possible.
  • All purchases for digital downloads made on www.themomentumarchitects.com are non-refundable or exchangeable. Since the products made available here are intangible, we cannot accept any request for refunds. In the case where a purchase error is made please contact us via hello@themomentumarchitects.com to discuss a resolution. The same applies once a physical product is shipped.
  • By placing an order with The Momentum Architects, you warrant that you are at least 18 years old and accept these terms & conditions which shall apply to all orders placed or to be placed at The Momentum Architects for the sale and supply of any products. None of these terms & conditions affect your statutory rights. No other terms or changes to the terms & conditions shall be binding unless agreed in writing signed by us.

RETURN POLICY

All of our products are deemed “used” after download or opening. This unfortunately means we have a strictly no refund policy in regards to dissatisfaction with a product. Please contact info@themomentumarchitects.com to see how we can remedy any problems you may have with this.

PAYMENTS

All transfers conducted through The Momentum Architects are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled over SSL encryption. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.

PAYMENT AND CURRENCY DISCLAIMER

All payments are managed by a third party payment gateway, Stripe. (www.stripe.com) All payment amounts are represented in AUD as this is the currency of our host country. Stripe does not provide converting transaction prices, for example if you are in the United States it will not show the equivalent in USD. All transactions processed on www.themomentumarchitects.com will be charged to the customer in the equivalent amount in their host countries currency per the AUD price. All currency conversions and their calculations through payment are made via stripe.

MEMBERSHIP TERMS 

In the case of The Momentum Movement membership, access will begin on the first day the Company receives your payment (whether the monthly or the yearly option). 

FAILURE TO MAKE TIMELY PAYMENTS 

If any payment is insufficient or declined for any reason, Company may remove you from the membership without liability. Your removal from the membership due to your failure to pay the requisite subscription fees does not excuse you from your obligation to pay the amounts owed in full. You understand that the Company may use third-party collection services to recover any outstanding amounts owed by you for the membership. 

CANCELLATION OF MEMBERSHIP:

Memberships are subject to automatic renewal.  If you wish your membership not to automatically renew, please email us at hello@themomentumarchitects.com  with “Cancel Automatic Renewal” in the subject line.

Upon cancellation you will be unsubscribed from The Momentum Movement community at the end of your current membership period (the end of the current month for monthly subscriptions and the end of the current year for annual subscriptions). 

MEMBERSHIP PRICES 

If we change our Membership prices, we will give 60 days written notice. Annual prices will be honoured for the term of the Membership.

DISPUTED PAYMENTS

Upon your enrolment in the Program, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for your purchase of the Program, whether or not your Program access has been revoked for your violation of these Terms of Service.

ACCOUNT CREATION

In order to access the Program, you may be required to provide information about yourself including your name, email address, phone number and other personal information. You agree that any such information you provide will always be accurate, correct and up to date.

YOUR CONDUCT

You agree to conduct yourself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety and welfare of other membership members or disparaging to the company. You acknowledge and agree that the Company reserves the right to remove you from the Program, without reimbursement, if Company, in its sole discretion, determines that your behavior disparages the company, creates a disruption or hinders the membership or the enjoyment of the membership by other members.

NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalise or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.

CONFIDENTIALITY

You understand that given the group format of this membership, information provided or shared with the Company or other participants, whether in the form of comments, discussions in membership-related forums, coaching calls, webcasts, or otherwise are not confidential.

CUSTOMER FEEDBACK

With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in membership-related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the membership.

LAWFUL PURPOSES

To access or use the membership, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the membership for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you, You shall not post or transmit through the membership any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

REFUSAL OF SERVICE

We reserve the right to refuse access to the membership or to any other products, programs or training services offered to any person or entity, without the obligation to assign reason for doing so. We reserve the right to immediately remove you without refund if, in Company’s sole discretion, you violate these Terms.

RELEASE

You agree that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the membership or in any other programs and training services. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estates have or may have by reason of this authorisation.

SEVERABILITY

If any term, provision, covenant, or condition of the Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

Nothing in these Terms, express or implied, will confer upon any person or entity not a party to these Terms, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms, except as expressly provided herein.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

PRIVACY

Your use of the Website is also subject to the Company’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Website and any service or material we provide on the Website in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorised use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

Products, services, memberships and training programs from The Momentum architects’ and associated brands are not designed as therapy or counselling. They are for people who are healthy, well adjusted, steady, effectively functioning and wanting to make change in their lives or more intentionally focus on a challenge or objective. The style of delivery is purposeful and there may be aspects that challenge you. It is important to note that this is on behalf of your evolution, learning and development. In the event that you feel the need for professional counselling or therapy, it is your responsibility to seek a licensed professional who can provide these services. If currently in therapy or otherwise under the care of a mental health professional, it is your responsibility to consult with your provider regarding the advisability of working with a coach and to make such person aware of the decision to proceed. 

ACCURACY AND PERSONAL RESPONSIBILITY

We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

DISCLAIMER: NO GUARANTEES AS TO RESULTS

You accept, agree and understand that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users of this Website succeed. You nevertheless recognise that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

You also recognise that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website are no guarantee that you or any other person or entity will be able to obtain similar results.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.

LINKS TO THIRD PARTY WEBSITES AND SERVICES

The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.

USE OF TEMPLATES AND FORMS

The Company provides various templates and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorised use.

By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.

GUESTS

The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by such guests.

Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.

NO WARRANTIES

The company makes no warranties regarding the performance or operation of this website. The Company further makes no representation or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books or services included on or through this website to the fullest extent permissible under the law. The Company disclaims all warranties express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

LIMITATION OF LIABILITY

You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the products or resources you may purchase from this website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website. 

The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes to the website at any time. 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the website for any purpose to the maximum extent permitted by applicable law. All such information, software, products, services and related graphics are provided ‘as is’ without warrant or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regards to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential loss or damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the website. 

ARBITRATION

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

INTERNATIONAL USERS

The Service is controlled, operated and administered by the Company from our offices within Australia. If you access the Service from a location outside Australia, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy, constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms under which the Website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

CONTACT US

The Momentum Architects

Email Address: info@themomentumarchitects.com

Effective as of April 2020