These Website Terms of Use (“Terms”) set out the rules for using the Mixtape Motion website and any other websites operated by Fitness to the Beat Pty Ltd (ABN 51 684 028 886) (collectively, the “Site”). If you do not agree to these Terms, you must not use the Site.

Unless you are notified that a different privacy policy applies to your use of a specific area of the Site, the Mixtape Motion Privacy Policy will apply to your use of the Site.

Accessing the Site

We do not guarantee that the Site, or any content on it, will always be available, secure, complete, accurate, or up to date.

If you are provided with a password or any other login credentials, you must not disclose these to any third party. You are responsible for all activities that occur under your login credentials. We accept no liability arising from your failure to keep such information confidential.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in the Site and in all material published on it. These works are protected by copyright laws and international treaties. All such rights are reserved.

“Mixtape Motion”, “Fitness to the Beat”, and associated logos and marks may not be copied, imitated, or used, in whole or in part, without our prior written permission.

Rights You Grant to Us in Material You Provide

Where you submit, upload or otherwise provide any suggestions, ideas, images, text, or other content (“Material”) to us via the Site, email, or otherwise, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sublicensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such Material for any purpose, in any media now known or later developed.

To the maximum extent permitted by law, you irrevocably waive any moral rights you may have in such Material.

You must not provide Material unless you own all necessary rights or have permission to do so.

Do Not Rely on Information on This Site

The content on the Site is provided for general information only. It is not intended to amount to advice (including medical, fitness, health, or professional advice) on which you should rely.

You must obtain appropriate professional or specialist advice before taking, or refraining from, any action based on content on the Site.

We Are Not Responsible for Websites We Link To

Where the Site contains links to other websites or resources provided by third parties, such links are provided for your information only.

We have no control over the content of those websites or resources and do not endorse or approve them. We are not responsible for any loss or damage that may arise from your use of them.

User-Generated Content Is Not Approved by Us

The Site may contain content uploaded by other users, including comments, community posts, or other materials. Such materials are not verified or approved by us.

The views expressed by other users on the Site do not represent our views or values.

We may remove user-generated content at our discretion.

Our Responsibility for Loss or Damage Suffered by You

We do not exclude or limit our liability to you where it would be unlawful to do so.

Different limitations and exclusions of liability apply to the provision of any paid services or digital content, which are set out in our Membership Terms / Terms of Service.

To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations, or other terms that may apply to the Site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with:

• your use of, or inability to use, the Site; or
• your reliance on any content displayed on the Site.

In particular, we will not be liable for:

• loss of profits, revenue, or business;
• loss of anticipated savings;
• business interruption;
• loss of business opportunity, goodwill, or reputation; or
• any indirect or consequential loss or damage.

Jurisdiction

These Terms and your use of the Site are governed by the laws of New South Wales, Australia.

You submit to the non-exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.

Who We Are

The Site is made available by:

Fitness to the Beat Pty Ltd
ABN 51 684 028 886
Trading as Mixtape Motion
Sydney, NSW, Australia
Email: hello@mixtapemotion.com.au

If you have any questions regarding these Terms or your use of the Site, please contact us at the email above.