Welcome to Groove To Move, owned and operated by Acacia Health Services Pty Ltd (ACN 635 794 964) (Groove To Move, we, us, or our).

We produce content, videos, training materials, products, services and/or other materials, made available on our websites, including without limitation groovetomove.com.au among others (collectively, Website), and mobile applications (Apps).

Your use of the Website and our products or services purchased by you via the Website, including but not limited to videos, tutorials, and other content, are subject to the following terms and conditions (Terms and Conditions). By accessing or using the Website or Apps, our products or services, you acknowledge that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions.

By registering an account with Groove To Move, or clicking ‘I accept/I agree’ at any stage on the Website or Apps, you agree to be personally bound by these Terms and Conditions, whether for yourself or on behalf of a minor (as determined by the jurisdiction in which you reside), if you are registering on behalf of a minor. You also represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction, if it is not 18), and if you are registering on behalf of a minor, that you are their legal guardian.

We ask that you please read this document carefully, as it contains important safety and other information.

1. General Health and Safety

Groove To Move is a program of choreographed physical dances, movements and exercises to encourage good physical health, particularly for people who spend large periods of time in sedentary postures (e.g. sitting at a workstation). Groove To Move dances and movements are for any adult in generally good health and with a basic or better level of fitness.

As with any physical activity, health and safety is the number one priority. It is important that before beginning any dance, fitness, stretch, or conditioning regime (including participating in any tutorials, classes, or activities presented on or by Groove To Move) you consult with a qualified health care professional to ensure that you are aware of your current health and condition, including any restrictions that may be applicable to you.

Each time you use this Website or Groove To Move’s products and services, you agree that you are in good physical condition and know of no medical or other reason why you should not exercise. You should always consult a qualified medical professional if you have any questions concerning your medical condition, any injury, or regarding your participation in physical tutorials, classes, or activities (including those presented by Groove To Move).

If unsure, you should not use the Website or otherwise engage in Groove To Move until you have sought appropriate qualified medical advice and been given permission to do so.

Groove To Move products and services are used at your own risk. By voluntarily participating in Groove To Move, you assume all risk of injury.

You acknowledge the risks and dangers associated with strenuous exercise and activities that form part of our products or services, which include, but are not limited to serious bodily injury, death, or other injury, damage, loss, or expense. You assume all risk and responsibility for any and all injury, damage, loss, liability, or expenses incurred as a result of your use of the Website or Groove To Move’s products and services. Groove To Move does not accept any liability for injury, loss, damage, liability or expense arising from your use of the Website or any tutorials, classes, or activities contained therein.

No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure, or prevent any medical condition (including any mental health conditions) or for any other therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for your purposes and obtain appropriate professional medical advice. 

2. Disclaimer

The nature of online commerce and communications means that your communications may be susceptible to data corruption, interception, and delays. This Website may include inaccuracies or typographical errors. Groove To Move may make changes to the products and prices described in the Website, and to the content of the Website, at any time without notice. Groove To Move is not responsible for any detrimental reliance you place on the Website or its contents. Use of the Website and Groove To Move products are entirely at your own risk.

Unless otherwise agreed to in writing by Groove To Move, the contents of the Website and all goods and services that may be provided in any connection with the Website are provided “as is”, and are for consumer end use only, and all express or implied conditions, representations, and warranties, including any implied warranty of merchantability, for a particular purpose, or non-infringement, are denied and disclaimed, except as required under Australian Consumer Law. Except as otherwise expressly agreed, or as required under Australian law, Groove To Move makes no representations, warranties, covenants, or guarantees as to the quality, suitability, truth, accuracy or completeness of any of the contents of the Website, or as to any goods that may be provided or sold in connection with the Website. Any representations, warranties, or covenants with respect to any goods referred to in the Website shall be subject to, governed by, and as stated in the applicable contract governing the provision of same.

In connection with your viewing and use of the Website, except for any commercial transactions that may be undertaken in connection with this website, Groove To Move shall not be liable for any damage, harm, liability, loss, cost, expense, or injury suffered in any connection with the Website whatsoever, including as a result of using, accessing, copying, or downloading any part of the Website and using Groove To Move Products. In no event will Groove To Move be liable for any direct, indirect, special, incidental, or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach of contract, or in tort, negligence, equity, or otherwise even if Groove To Move has been previously advised of the possibility of such damage.

You agree to have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website and will not make a claim against Groove To Move for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of the Website.

You agree to hold Groove To Move absolutely harmless from, and you covenant not to take any action against Groove To Move for, any claims based on using the Website, or any product or service supplied by Groove To Move.

3. Privacy

Groove To Move is committed to protecting your privacy. This means that we do not distribute, rent or sell any of your personal information. We manage the personal information we collect about you in accordance with our Privacy Policy, and do not disclose your personal information to third parties other than as set out therein.

4. Eligibility

To be eligible to purchase products and services on this Website and to lawfully enter into and form contracts on this Website under Australian law you must: (a) be aged 18 or older; and (b) register on the Website; and (c) be the holder of a valid debit/credit card or Google Pay account.

5. Controlling Law

This Agreement and any action related thereto will be governed by the laws of the Northern Territory, Australia.

6. Prices

All prices indicated for products available via the Website are inclusive of GST (where applicable) at the current rates and are exclusive of delivery charges (if applicable). The total cost of your order is the price of the products ordered and delivery charges (if applicable) as set out at the point of purchase on the Website.

7. Products and Services for Personal Use

The products and services available on the Website, and any samples thereof we may provide to you, are for personal use by those granted access only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

8. Refund Policy and Procedures

In the event of any faults regarding our products, please contact us by email to hello@groovetomove.com.au to discuss our refund policy.

9. Accuracy of Information

We attempt to be as accurate as possible when describing our products on the Website; however, to the extent permitted by law, we do not warrant that the product descriptions, information or other content available on the Website are accurate, complete, reliable, current, or error-free.

10. Placing an Order and Order Acceptance

You will be guided through the process of ordering our products or services by a series of simple instructions on the Website. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.

You place your order from the Website by clicking on the ‘Complete’ button at the end of the on-line order process. Once an order has been submitted and payment received, we cannot change, add to, or cancel the order.

Once you have placed your order, you will receive an email acknowledgement providing you with the details of your order, including how to access Groove To Move content.

Unless we have notified you that we do not accept your order, our acceptance of your order and the completion of the contract between you and us will take place when we receive payment from you or your chosen financial institution or third party.

If you require any information regarding your order(s), please contact us by email to hello@groovetomove.com.au.

Groove To Move may not accept your order if we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy), or if we identify a product or pricing error.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this at the earliest opportunity, unless we suspect fraudulent activity, in which case no notification will be given.

11. Payment

You many pay using any of the methods specified in the payment section of the Website. You confirm that the credit/debit card or Google Pay account that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

12. Title to Goods

Groove To Move will retain the legal ownership of the products purchased, and you acknowledge that your purchase will grant you access only to the relevant Groove To Move product(s) and content.

13. Intellectual Property

All information and content available on the Website and its look and feel, including but not limited to exercise tutorials, dance videos, choreography, audio, images, trademarks, logos, service marks, text, graphics, button icons, compilations and software, and the compilation and organisation thereof (collectively, Content) is the property of Groove To Move, our affiliates, partners or licensors, and is protected by Australian and international laws, including laws governing copyrights and trademarks.

Except as set forth in the limited licences in Section 14 below, or as required under applicable law, neither the Content nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

14. Limited Licences

Groove To Move grants you a limited, revocable, non-exclusive, and non-transferable licence to access, play, watch, listen to and make personal use of the Website, and if purchased, the Content. This limited licence does not include the right to: (a) frame or utilise framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, licence or download the Website or any and/or all Content (except caching or as necessary to view the Website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilising any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.

Groove To Move also grants you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Website for personal, non-commercial use only. A online Website or website that links to the Website (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such online Website or website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and (vi) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorised in writing by us to resume linking.

Any unauthorised use by you of the Website or any and/or all of our Content automatically terminates the limited licences set forth in this Section 14 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.

15. Your Obligations and Responsibilities

In the access or use of the Website or Content, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Website or any Content or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to Groove To Move, our affiliates, partners, or licensors.

16. Your Account

You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects. See our Privacy Policy[NC1]  regarding the treatment of your personal information.

You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us as soon as practicable by email to hello@groovetomove.com.au.

Alternatively, you can update your details through the Website. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions, or if we decide, in our sole discretion, that it would be in our best interests to do so.

17. Third Party Links

Groove To Move is not responsible for the content of any off-Website pages or any other links to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. You’re linking to or from any off-Website pages or other websites or online Websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other website or online Website linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites or online Websites that you visit.

18. Special Features, Functionality and Events

The Website may offer certain special features and functionality or events (such as contests, or giveaways or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

19. Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, Submissions) will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, licence, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

20. User Content

When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (User Content) on the Website, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 20 above. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Website. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Website User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorised advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or Website personally identifiable data about other users.

We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website.

You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

21. Representations and Warranties; Limitation of Liability

THE WEBSITE AND CONTENT ARE PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE OR CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (g) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED AUSTRALIAN DOLLARS AS APPLICABLE OR THE VALUE OF THE GOODS ORDERED, WHCHEVER IS GREATER. BECAUSE SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

22. Complaints

If you wish to make a complaint or notify us about any matter in respect of the Website or products or services purchased, please email us at hello@groovetomove.com.au.

23. Disputes

Your use of our Website and any purchase by you of any products or services from us shall be governed by Australian law and the parties hereto submit to the exclusive jurisdiction of the Northern Territory courts.

24. General

You acknowledge and agree that these Terms and Conditions, which includes our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of or purchases on the Website, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and Conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms and Conditions are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms and Conditions regarding any of the times, dates and/or periods mentioned herein. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. If you have any questions regarding these terms and conditions, please contact us.

 [NC1]Link to Privacy Policy