Effective 15 November 2023 

Welcome to the EVOLVE MVMT community. Our services strive to engage and connect EVOLVE MVMT customers in the spirit of health and wellness. Please review both of our Terms and Conditions below. 

Website Terms of Use

EVOLVE MVMT's  website provide you with information and services in line with our Website Terms of Use.

EVOLVE MVMT App Terms of Use

When participating in the EVOLVE MVMT community and using the EVOLVE MVMT App, we want you to know and understand your rights and our rights relating to the provision of these services. Here are a few things we’d like to make sure you know:

• Your privacy is important to us. See how we collect and use your personal information.
• You can delete your account at any time.  
• You own your data and content, but grant us a right to use it. 
• We expect you to be respectful and we may moderate aspects of your communication and data if you act inappropriately.
• We can cancel your account if you act inappropriately. 
• EVOLVE MVMT is not liable for your activities, or your interactions with other customers.
• There are easy ways to contact EVOLVE MVMT if you have questions or need help. 

 

EVOLVE MVMT provides you with information and services through EVOLVE MVMT App in line with our EVOLVE MVMT App Terms of Use. 

 

 

Website Terms of Use

1. About the Website

This Website is operated by LUDA Industries Pty Ltd (ACN 621 061 569) and its group companies (‘EVOLVE MVMT’).

Access to and use of the Website, or any of its associated products or services, is provided by EVOLVE MVMT. Please read these terms and conditions (‘Terms‘) carefully.

By using, browsing and/or reading the Website, you signify you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease using the Website, and any of its Services, immediately.

2. Copyright and Intellectual Property

The Website, the content and all of the related products of EVOLVE MVMT are subject to copyright. The material on the Website is protected by copyright under the laws of multiple countries and through international treaties.

Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by EVOLVE MVMT or its contributors.

EVOLVE MVMT retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer any:

• business name, trading name, domain name, trademark, industrial design, patent, registered design or copyright, or
• a right to use or exploit a business name, trading name, domain name, trademark or industrial design, or
• a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of EVOLVE MVMT and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third party content for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use.

3. Privacy

EVOLVE MVMT takes your privacy seriously and any information provided through your use of the Website and/or content are subject to EVOLVE MVMT’s Privacy Policy, which is available on the Website.

4. Disclaimer

Use of the Website and the content is at your own risk. Everything on the Website and the content is provided to you “as is” and “as available” without warranty or condition of any kind.

None of the affiliates, directors, officers, employees, agents, contributors and licensors of EVOLVE MVMT make any express or implied representation or warranty about the content or any products or content (including the products or content of EVOLVE MVMT) referred to on the Website.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

• failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
• the presence of any viruses, malware or other harmful material on the Website;
• errors, inaccuracies or omissions in the listing of information (including information relating to availability and pricing) on the Website;
• the accuracy, suitability or currency of any information on the Website, the content, or any of its content related products (including third party material and advertisements on the Website);
• costs incurred as a result of you using the Website, the content or any of the products of EVOLVE MVMT; and
• the content or operation in respect to links which are provided for your convenience.

5. Indemnity

You agree to indemnify EVOLVE MVMT, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

• all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with the Website;
• any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
• any breach of these Terms.

6. Governing Law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that State.

 

 

 

EVOLVE MVMT App Terms of Use

1. General 

Welcome to the EVOLVE MVMT App.  You are reading these Terms and Conditions of Use (Terms) because you are using the EVOLVE MVMT App (the App), which is operated by LUDA Industries Pty Ltd (ACN 664 433 185) and its group companies (‘EVOLVE MVMT’).  To continue accessing or using the App, you agree to be bound to these Terms.  If you do not agree to these Terms, do not access or use the App. 

From time to time we may update these Terms and/or provide you with supplemental terms via the App or by email.  Such supplemental terms will also form part of these Terms.

Privacy Policy and personal data

The App cannot be provided to you, and the services described in these Terms cannot be performed, without EVOLVE MVMT collecting, storing and processing data about you, including your personal data and location data.  The App is made available to you subject to you consenting to our collection and use of your personal information and other data.  

When you use the App, we collect certain personal information about you, as well as information about your device, your interaction with the App, and other information necessary to facilitate your use of the App.  

The information we collect through the App includes your name, email address, phone number, date of birth, country, gender, height, weight, your location and walk history, your device (including its version, specifications and operating system), your IP address, time zone and the technical details and configuration of your EVOLVE MVMT device. 

The App will collect the above information while open on your device and will collect location-specific information while it is open in the background of your device. 

The App will not collect information regarding your activity in other apps on your device.   

We will use your personal information to provide the App and its content to you.  We may also use your personal information for marketing purposes if you consent to such use.  From time to time, it may be necessary for us to share your personal information across our various platforms.

These requirements in relation to privacy are supplementary to EVOLVE MVMT’s Privacy Policy, which is incorporated by reference into these Terms, with all references to the Site or other EVOLVE MVMT platforms in the Privacy Policy to read as references to the App (in addition to the Site or other platforms).  

In particular, your personal information will be treated in accordance with the Privacy Policy’s provisions relating to the sharing of your personal information, the use of your personal information, our lawful bases for using and retaining your personal information, and your rights under privacy and data laws.   

2. Account Information

You are only eligible to use the App if you are of legal age in your country/region, or you have consent from your parent or guardian.  The App may include features that promote physical activity and fitness.  By using the App, you agree, represent and warrant that you have received consent from your physician to participate in health and fitness programs, workouts, exercises or any other related activities made available through the App. 

To use the App, you will be required to create an account, provide an email address, create a password and disclose other personal information such as your name.  In creating an account and registering your details, you agree to:

1. provide true, accurate, current and complete information about yourself (user Data);  
2. to keep your registration personal – you must only register one account, and you should not register an account on behalf of someone else, or transfer your account;  
3. to maintain and properly update your user Data; and 
4. keep your account and user Data secure. 
You are maintaining the confidentiality and security of the password associated with your account while using the App.  EVOLVE MVMT, to the maximum extent permitted by law, takes no responsibility for any loss or activity that results from unauthorized use of your account. You must inform EVOLVE MVMT immediately of any unauthorized use of your account.
5. You may delete your account at any time. This will result in the permanent deletion of your account details including name, email address, and password.

3. User Content 

Some features of the App contain features that allow customers to post, submit, publish, display, upload, message, supply, transmit, or otherwise make available information (Content). 

EVOLVE MVMT is not responsible for Content other customers post to the App.  You own the Content you make available in connection with the App (transmitted, or submitted through a third party API).  When you post Content to the App, you grant EVOLVE MVMT a non-exclusive, perpetual, transferrable, sub-licensable, royalty-free, worldwide licence to use the Content, including any of the concepts or ideas contained in the Content, for any purpose, including commercial use without any compensation to you.  EVOLVE MVMT may, in its sole discretion, remove any Content at any time.   By sharing Content via the App, you warrant that you are solely responsible for the transmission, accuracy, completeness and publication of that Content. 

EVOLVE MVMT’s rights in relation to collecting your data and personal information above and in our Privacy Policy. 

EVOLVE MVMT Community Standards
EVOLVE MVMT is excited for you to contribute to our community.  In doing so, we expect you to honour and respect our community standards.  You may not share Content in connection with the App that:

1. infringes, dilutes, misappropriates or otherwise violates any privacy, intellectual property, publicity rights of other individuals or customers; or
2. contains software viruses, programs or other computer code that may disrupt the provision of the App. 

EVOLVE MVMT has a right to delete your account temporarily or permanently if you post any prohibited Content to the App. 

4. Intellectual Property 

The App is owned and operated by EVOLVE MVMT and all Content, except for your Content and other user Content (as discussed above), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features, patents, copyrighted or copyrightable material, trade marks, and other intellectual property (collectively EVOLVE MVMT Content) is owned by, or licensed to, EVOLVE MVMT. 

Except as expressly permitted by applicable law or authorized by EVOLVE MVMT, you agree not to appropriate, licence, modify, rent, lease, loan, sell, distribute or create derivate works based on the App, the App’s software, or any EVOLVE MVMT Content offered as part of the App in whole or in part. 

EVOLVE MVMT grants you a personal, revocable, non-transferable, non-sublicensable and non-exclusive right and licence to access and use the App, provided you do not, and do not allow any third party to, copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any aspect of the App, except where permitted by law.  This right and licence is also conditional on your adherence to these Terms. 

5. Partners and Third Parties  

EVOLVE MVMT may from time to time within the App link to, refer to or partner with third-party websites, social media platforms, mobile applications or other products and services (Third Parties).  You may be able to connect with Third Parties through the App, but this does not mean that EVOLVE MVMT endorses, monitors or has any control over these Third Parties or their activities.  The App may contain links to third party websites and applications.  EVOLVE MVMT is not responsible for the privacy, security or handling of your personal information via those websites and applications and you should review the privacy policy and terms of use each time you visit them.

6. Disclaimer  

Use of the App is at your own risk.  Everything on the App and the content is provided to you “as is” and “as available” without warranty or condition of any kind.

None of the affiliates, directors, officers, employees, agents, contributors and licensors of EVOLVE MVMT make any express or implied representation or warranty about the content or any products or content (including the products or content of EVOLVE MVMT) referred to on the App.

This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

1. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records; 
2. the presence of any viruses, malware or other harmful material on the App; 
3. errors, inaccuracies or omissions in the listing of information (including information relating to availability and pricing) on the App; 
4. the accuracy, suitability or currency of any information on the App, the content, or any of its content related products (including third party material and advertisements on the App); 
5. costs incurred as a result of you using the App, the content or any of the products of EVOLVE MVMT; or 
6. the content or operation of links which are provided for your convenience. 

Use of a EVOLVE MVMT device like all things contain risks and you acknowledge and voluntarily assume all known and unknown risks associated with these activities, even if taking medical or health advice via the App.  All content provided through the App, including all text, photographs, images, illustrations, graphics, audio, video and other materials whether provided by EVOLVE MVMT or Third Parties should not be used in place of advice of your physician or other medical professionals, or information contained on or in any product packaging or labels, instructions, manuals or guides. 

7. Indemnity 

To the extent permitted by any applicable law, you indemnify and hold EVOLVE MVMT harmless on demand from and against any claim, damage, loss, charge, cost, expense, outgoing or payment which EVOLVE MVMT pays, suffers, incurs or is liable for in respect of your Content, or in connection with your breach of these Terms.  Your rights with respect to EVOLVE MVMT are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of the App, do not permit it. 

8. Not Medical or Health Advice

Any and all services provided by, in and/or through the anything connected to EVOLVE MVMT (including but not limited to Content) are for informational purposes only. EVOLVE MVMT is not a medical professional, and EVOLVE MVMT does not provide medical services or render medical advice. Nothing contained in the Services should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, and the information made available on or through the Services should not be relied upon when making medical decisions, or to diagnose or treat a health condition or illness.

9. Governing law

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of that state.

10. Contact

Providing a good customer experience is important to us. If you have questions, or if you would like to make a complaint, please contact us by e-mail at hello@EVOLVEMVMT.com or by mail using the details provided below:

EVOLVE MVMT 
PO Box 138

Byron Bay NSW

Australia 2481

If you are not satisfied with our response to any data protection issues, you have the right to lodge your complaint with the relevant data protection authority.