1. Acceptance

(a)!This Agreement is between KALE 96 (ABN 82 967 140 124)

(we, our or us) and you, the company, entity, or individual who is

purchasing any Products, Services or Goods (Goods) from us

through our website located at mwmxcoaching.com.au (Store) or on

our mobile application.

(b)!By purchasing the Goods or Services from us, or proceeding

with any quote issued you agree:

(1)!that you have reviewed and accept these Terms and Conditions

for the Sale of the Goods (Terms); and

(2)!that you have the legal capacity to enter into a legally binding

agreement with us;

(c)!You must not place an order for Goods, Services or approve any

quotes issued unless you are at least 18 years old

2. Account Holders

(a)!You may be eligible to create an account in order to purchase

Goods or Services from us (Account), which allows you to pay your

invoices on a monthly basis. You may purchase Goods or Services

from us with, or without, an account.

(b)!When you make create an account and/or make a purchase,

you may be asked to provide us with basic Account information

such as your name, shipping address, billing address and payment

details.

(c)!You must ensure that any information that you give us when you

create an Account with us, including any personal information, is

accurate and up-to-date. All personal information that you give to us

will be used to manage your Account and will be treated in

accordance with applicable law.

(d)!You are liable for all activity under your Account, including all

purchases made using your Account details.

(e)!You may be required to complete a assessment questionnaire.

3. Orders

(a)!You may order Goods or Services from us through our Store, or

as set out on the Site (Order). Any Order placed by you is an offer

to purchase the Goods or Services for the price notiﬁed (including

the delivery and other applicable charges and taxes) at the time you

place your Order.

(b)!We may, at our absolute discretion, accept or reject an Order.

We will endeavour to notify you of a rejection at the time of the

Order or within a reasonable time thereafter.

(c)!Each Order that we accept results in a separate binding

agreement between you and us for the supply of Goods or Services

in accordance with the Terms.

(d)!It is your responsibility to check the Order details and conﬁrm

the accuracy of all aspects of the Order, including the description of

the Goods or Services set out in the Order, the pricing, and your

contact details before you submit your Order to us.

(e)!When your Order has been conﬁrmed, we will provide you with

an Order conﬁrmation, which may include an order number, an

order ID, the delivery and billing addresses and a description of

what was ordered.

(f)!If you cancel your Order after we have accepted the Order, you

will be liable for any costs that we have incurred, or that we cannot

recover, as a result of that cancellation.

4. Price and payments

(a)!You must pay us the purchase price of the Goods or Services

that you order, plus any Australian GST and applicable delivery

costs as advised by us (the Price) in accordance with this clause.

All amounts are stated in Australian dollars and are inclusive of

Australian GST (where applicable). We display delivery costs

separately from the price of the Goods.

(b)!If you do not have an Account with us, you must pay the Price,

upfront at the time of purchase or on completion of services

rendered, including where the Goods or Services are the subject of

an Order placed with"

us. Only once the Price has been paid in full will we provide you

with the Goods or Services, or will we submit your Order to our

suppliers.

(c)!If you have an Account with us, we will send you a monthly

statement"

at the end of each month, in respect of Goods purchased or

Services rendered during that month. You agree to pay the monthly

statement as per the times, and using the payment method,

stipulated in the monthly statement or invoice.

(d)!If you fail to pay your invoice in accordance with clause 4(c), we

may

suspend your Account and the provision of any Goods or Services

under it until we receive payment. If you dispute an invoice, or any

part of the invoice, you must notify us of your dispute in writing

within 7 days of the date of our invoice, setting out full details of

your dispute, and you must pay any undisputed portion of the

invoice as set out in clause 4(c).

(e)!If full payment has not been made against an invoice as set out

in the Terms, we may (at our absolute discretion) immediately cease

supplying Goods or Services to you and/or charge you interest on

the outstanding payment at a rate equal to the Reserve Bank of

Australia’s cash rate, from time to time, plus 5% per annum,

calculated daily and compounding monthly.

(f)!You must not pay, or attempt to pay, the Price by fraudulent or

unlawful means. In the absence of fraud or mistake, all payments

made are ﬁnal. If you make a payment by debit card or credit card,

you warrant that"

the information you provide to us is true and complete, that you are

authorised to use the debit card or credit card to make the payment,

that your payment will be honoured by your card issuer, and that

you will maintain sufﬁcient funds in your account to cover the Price.

(g)!Where you have selected a Monthly Service Plan, you must pay

the Service Plan Fee each month via direct debit from a credit card

or bank account. The direct debit arrangement is subject to

additional terms and conditions from our third-party provider, as set

out on the website (Store)

(h)!Should:

(1)!You fail to pay any amount when it is due and owing.

(2)!You default in the performance of your obligations under these

terms and conditions.

(3)!You, if an individual, commit an act of bankruptcy. Or, if you are

a corporation, becomes subject to external administration or passes

a resolution to wind up. Then;

(4)!In addition to any other rights we have, you shall be in breach of

these terms and conditions, and we shall be entitled to treat the

whole of the scope of works repudiated. We may refuse to supply

any of"

the services to you. We may elect to seek relief through the courts"

or through a third-party debt recovery service to recover the money,

plus interest and additional costs in accordance with the terms and

conditions. You shall pay all our collection costs, including solicitor

fees, interest, third party expenses and related costs for outstanding

amounts. We will be immediately entitled to, without liability,

terminate or suspend the provision of future services, in accordance

with these terms and conditions, in the event of default.

5. Availability and cancellation

(a)!All Goods and Orders are subject to availability. We do our best

to keep products in stock and use reasonable endeavours to source

any Orders from our third-party suppliers.

(b)!We reserve the right to cancel, at any time before delivery and

for whatever reason, an Order that we have previously accepted,

including where there is a considerable delay in dispatching your

Order, or for any reason we cannot supply the Goods in your Order

(for example for an event beyond our reasonable control). We will

contact you using the details you provided when you placed your

Order. You may choose to receive a refund or a store credit or to

place your Order on backorder. If you choose a refund or store

credit, any delivery costs you have paid for the Goods will be

refunded to you. If you choose to place your Order on backorder,

we will contact you to arrange delivery or collection once the Goods

are available.

6. Delivery, collection, title and risk

(a)!Where you request delivery of any Goods, we will deliver the

Goods, either ourselves or through our third-party delivery partners,

to the delivery address you provide when placing your Order.

(b)!Delivery costs will be advised by us when you place your Order

and/or included in any applicable quotes.

(c)!You acknowledge and accept that any date/time notiﬁed by us,

or"

our delivery partners, for the delivery of the Goods is an estimate

only. Delivery of the goods may be subject to, or impacted by, third

party providers, including but not limited to our delivery partners and

the supplier of the Goods ordered. We accept no liability for any

loss, damage or claim made in respect of a delay in the delivery of

any Goods which is beyond our reasonable control.

(d)!If you need to change the delivery date or delivery address,

please notify us immediately in writing.

(e)!We may, at our sole discretion, required you to sign for any

Goods which are delivered. If we require such signature, and

neither you nor your authorised representative is at the delivery

address to accept delivery, we may either leave the goods as the

delivery address or return the Goods to our Store, and you will need

to collect the Goods from our Store, or pay for redelivery of the

Goods.

(f)!You must ensure that clear, safe access is provided at the

delivery address for the Goods, which is free from harm or risk to

safety when the Goods are delivered either by us, or our delivery

partner. If the party delivering the Goods deems it to be unsafe to

deliver the Goods, they may, at their sole discretion, decline to

deliver the Goods at that time, and you will need to pay for the

redelivery of the Goods when the delivery address has been made

safe.

(g)!Title to the Goods will remain with us or our supplier until you

have paid us the Price in full in accordance with the Terms. Until title

passes, you must not do anything which seeks to create an

encumbrance, lien, charge or other interest in or over the Goods.

(h)!Risk in the Goods will pass to you immediately upon delivery of

the Goods to the delivery address. Once risk in the Goods passes,

you will be solely responsible for them. It is your responsibility to

conﬁrm that the Goods delivered are complete, undamaged or are

otherwise supplied in accordance with the Order before you accept

delivery of the Goods.

(i)!If you are collecting your Goods from our Store, we will contact

you"

when your Order arrives using the contact details you provided

when placing your Order. All Goods must be signed for either by

yourself or your authorised representative. If for any reason you or

your authorised representative are unable to collect the Order on

the nominated collection date, you must contact us to arrange

another collection time."

If you do not collect the Goods on the agreed collection date and

you have not arranged a new collection date within 14 days of being

notiﬁed by us that your Order has arrived in the Store, we may at

our absolute discretion, either charge a daily storage fee or we will

be entitled to assume that you have cancelled your Order and we

may resell the Goods to another customer. In respect of any Goods

which remain uncollected in accordance with this clause and which

we do not normally stock or are Goods which are custom made

goods, you acknowledge and accept that you forfeit any payment

made towards the Price.

7. Returns

Refund, Hold and Cancellation Policy

(a)!We do not offer change of mind returns or refunds to courses,

service subscriptions or ebooks. Failure to complete onboarding or

check ins does not entitle you to a refund. Any plans requiring

adjustments due to a mistake by us will be

rectiﬁed within 2 business days, this does not entitle you to a full

refund.!

(b)!It is an 8 week minimum subscription when you join our

coaching services. You cannot cancel before the 8 weeks. It is also

a 2 week notice to cancel your subscription, please email

mwmxcoachingapp@gmail.com.au to do so. There is no cooling off

period, once you join you must commit to the 8 weeks.!

(c)!At your request with no less than 14 days’ written notice, we

may put your Service Plan on hold for a maximum of a single

continuous 4-week period in any 12-week period where we provide

the Services to you (Hold). During the Hold, we will not provide the

Services to you, and you will not be required to pay us the Service

Plan Fee. You cannot place your Service Plan on hold during your 8

week minimum term.

(d)!Within your ﬁrst 8 week minimum commitment, you may only

upgrade your service plan. You may upgrade, downgrade or cancel

your Weekly Service Plan by providing us with at least 14 days’

written notice to mwmxcoachingapp@gmail.com.au after your 8

week minimum. Where there is a difference in the Service Plan Fee

as a result of this change, you must pay to us the difference or we

will credit the difference towards any future Service Plan Fees

payable by you to us, as applicable. Please note if you are still

within your minimum 8 week commitment term a downgrade will not

be guaranteed and instead discretionary on the MWMX team. A

change of service can be exercised without restriction after the

minimum 8 week commitment term. We offer no cooling off

period for service plans.

(e) Refunds for once off plans and services are only available

before creation of said plans and services. Once provided no

refunds or change of mind requests will be given.

(f)!The Service Plan is non-transferable and cannot be resold or

gifted to another party. Under no circumstance can the Account

name of the original Service Plan holder be changed.

Australian Consumer Law

(g)!Nothing in these Terms attempts to modify or exclude the

conditions, warranties and undertakings, and other legal rights,

under the Australian Consumer Law. Our Goods come with

guarantees which cannot be excluded under the Australian

Consumer Law. You are entitled to a replacement or refund for a

major failure and compensation for any other reasonably

foreseeable loss or damage. You are also entitled to have the

goods repaired or replaced if the goods fail to be of acceptable

quality and the failure does not amount to a major failure. Any and

all other warranties or conditions which are not guaranteed by the

Australian Consumer Law are expressly excluded where permitted,

except to the extent such warranties and conditions are fully

expressed in these Terms.

(h)!Where you return the Goods to us to seek an Australian

Consumer Law remedy, you will need to cover any associated costs

(for example delivery costs) of you returning the Goods to us.

(i)!Where your claim is a valid claim under the Australian Consumer

Law, we will refund your return delivery costs and, depending on the

failure, either dispatch new or repaired replacement Goods or

refund you the Price of the relevant Goods. Please contact us for

further information.

8. Manufacturer’s Warranty

(a)!Some Goods may come with a warranty offered by the

manufacturer"

of those Goods. If a warranty applies, the details of that warranty

will"

be set out on the packaging of the Goods, inside the packaging of

the Goods or on the manufacturer’s website (Manufacturer’s

Warranty). If there is a defect in the Goods during the warranty

period offered by the manufacturer, the manufacturer may repair or

replace the Goods or offer a refund or compensation as applicable

to the defect.

(b)!If the Manufacturer’s Warranty applies, please contact us with

details"

of the defect in the Goods, alongside any pictures and additional

information which we may request (e.g. proof of purchase), and we

will liaise with the manufacturer as to your claim under the

Manufacturer’s Warranty. The manufacturer may require you to

return the defective Goods directly to them and the costs of the

return may need to be borne by you.

(c)!You agree that the Manufacturer’s Warranty is offered by the

Manufacturer of the Goods, we do not provide any warranty against

defects in the Goods, and, to the maximum extent permitted by law,

our obligations to you for any defects in the Goods is limited to the

remedies you have available under the Australian Consumer law.

9. Limitations

(a)!Despite anything to the contrary, to the maximum extent

permitted by law:

(1)!our maximum aggregate liability arising from or in connection

with the Terms (including the Goods and/or the subject matter of the

Terms) will be limited to, and must not exceed the portion of the

Price paid by you to us for the Goods or Services the subject of the

relevant claim; and

(2)!we will not be liable to you for any loss of proﬁt (including

anticipated proﬁt), loss of beneﬁt (including anticipated beneﬁt), loss

of revenue, loss of business, loss of goodwill, loss of opportunity,

loss of savings (including anticipated savings), loss of reputation

and/or loss of use, whether under statute, contract, equity, tort

(including negligence), indemnity or otherwise.

(b)!Despite anything to the contrary, to the maximum extent

permitted by law, we will have no liability, and you release and

discharge us from all liability, arising from or in connection with any:

(1)!loss of, or damage to, the Goods, or any injury or loss to any

person;

(2)!failure or delay in providing the Goods; or

(3)!breach of the Terms or any law, where caused or contributed to

by any:

(4)!event or circumstance beyond our reasonable control; or

(5)!act or omission of you or your related parties, and, in any event,

any defect, error, omission or lack of functionality or suitability (or

the absence of, or reduction in, any anticipated result, outcome or

beneﬁt) with respect to the Goods or Services.

10. Collection Notice

(a)!We collect personal information about you in order to manage

your Account, to contact and communicate with you, to respond to

your enquiries, to process and dispatch your Orders and for other

purposes you give us permission for.

(b)!We may disclose that information to third party service providers

who help us supply and deliver the Goods or Services to you

(including"

our delivery companies, inventory management software,

information technology service providers, data storage, web-hosting

and server providers, professional advisors, payment systems

operators and our business partners) or as required by law. If you

do not provide this information, we may not be able to provide our

Goods or Services to you. In certain circumstances, we may

disclose your personal information to third parties located, or who

store data, outside Australia.

(c)!By providing personal information to us, you acknowledge we

will collect, hold, use and disclose your personal information in

accordance with these Terms.

11. General

(a)!Disputes: Neither party may commence court proceedings

relating to any dispute arising from, or in connection with, these

Terms without ﬁrst meeting with a senior representative of the other

party to seek (in good faith) to resolve that dispute (unless that

party is seeking urgent interlocutory relief or the dispute relates to

compliance with this clause).

(b)!Notices: Any notice given under these Terms must be in writing

addressed to us at the details set out below or to you at the details

provided when"

you submitted your Order or in your Account. Any notice may be

sent by standard post or email, and will be deemed to have been

served on the expiry of 48 hours in the case of post, or at the time

of transmission in the case of transmission by email.

(c)!Waiver: Any failure or delay by a party in exercising a power or

right (either wholly or partly) in relation to these Terms does not

operate as a waiver or prevent a party from exercising that power or

right or any other power or right. A waiver must be in writing.

(d)!Relationship of parties: These Terms are not intended to create

a partnership, joint venture or agency relationship between the

parties.

(e)!Photographs: If you provide us with photographs of the Goods

including via email or by tagging us on social media, you consent to

us publishing such photographs and details (including but not

limited to your name, location and date) for our marketing purposes

including on the Site and social media.

(f)!Feedback and complaints: We are always looking to improve our

services. If you have any feedback or a complaint, please notify us

on our contact details below and we will take reasonable steps to

address any concerns you have.

(g)!Severance: If a provision of these Terms is held to be void,

invalid, illegal or unenforceable, that provision is to be read down as

narrowly as necessary to allow it to be valid or enforceable, failing

which, that provision (or that part of that provision) will be severed

from these Terms without affecting the validity or enforceability of

the remainder of that provision or the other provisions.

(h)!Assignment: You must not assign any rights or obligations under

these Terms, whether in whole or in part, without our prior written

consent.

(i)!Entire agreement: The Terms contain the entire understanding

and agreement between you and us in respect of their subject

matter.

(j)!Amendment: We may, at any time and at our discretion, vary

these Terms by publishing varied terms on the Site. Prior to placing

an order, we recommend you carefully read the terms that are in

effect at that time to ensure you understand and agree to them. For

any Order that has been accepted by us, the terms and conditions

that apply will be the ones that were in effect (and which you agreed

to) when you placed your Order.

(k)!Governing law: These Terms are governed by the laws of

Queensland. Each Party irrevocably and unconditionally submits to

the exclusive jurisdiction of the courts operating in Queensland and

any courts entitled to hear appeals from those courts and waives

any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:!MWMX

Motocross coaching app"

Email:!mwmxcoachingapp@gmail.com.au"

Last update:1/7/2024