Amodo partners with instructors to provide secure payment, booking and video streaming services to their clients. These Terms are relevant and applicable to both instructors and their clients who register with Amodo.
“Amodo” means Amodo Pty Ltd (ACN 626 999 004) and any person, company, or entity that Amodo directly or indirectly controls, operates or owns, currently or in the future and/or which has a controlling interest in Amodo and/or has the right to operate with or on behalf of Amodo.
“You”, “your”, or “yourself” refers to you as an individual (for members), or to you as an individual and any persons directly involved with your account (for instructors).
“Platform” means the Amodo website and any application offered or provided by Amodo.
“Content” means any product, on-demand video, live stream, or material including text, statements, information, tags, accreditations, graphics, logos, images, documents, files, videos, and audio that is uploaded to and/or made available on the Platform.
The Terms of Service (“Terms”) is a legally binding agreement between you and Amodo. The Terms govern your use of the Platform and Content. If you do not fully understand any part of the Terms, please seek legal assistance before you agree to the Terms or before continuing to access and/or use the Platform.
For instructors, you will also enter into an Instructor Agreement in addition to these Terms.
The Terms are to be read in conjunction with the Privacy Policy and any other agreement that you enter into with Amodo.
By accepting the Terms or by accessing and/or using this Platform, you agree to be bound by the current Terms and Privacy Policy.
When creating your account, you agree to provide accurate, complete, and truthful information about yourself and to maintain the accuracy, completeness, and truthfulness of such information. Amodo will handle all personal information collected in accordance with the Privacy Policy.
Persons under the age of 18 (a “Minor“) are not permitted to create an account. By creating an account and using the Platform, you are representing that you are 18 years of age or older.
Only you may access your account and no other person may view, access, or use any Content through your account.
When you create your account, you will create a password that you will use to sign into your account. You are responsible for keeping your password secure and are responsible for all use and activity carried out under this account. You may change your password at any time in the “My account” section when signed in.
You are responsible for your own access to and use of the Platform including, but not limited to, data costs incurred by you and charged by your data provider, internet service provider, telecommunications provider, and the purchase of any hardware, equipment, software and services (including access to sufficient data speeds) that are required to access your account and use the Platform and the Content.
Amodo reserves the right to block, restrict, disable, suspend or terminate your account and access to or use of the Platform and any Content immediately and at any time if we suspect your account may be have been taken over or is subject to fraud, for any breach of the Terms or any other agreement that you have with Amodo, or for convenience (in which case Amodo will provide you with written notice 30 days in advance). You agree that Amodo will not be responsible for any loss, cost, expense, damage or liability that may arise as a result of your account being blocked, restricted, disabled, suspended or terminated.
If your access to the Platform is limited to the member portal, you may delete your account at any time in the “My account” section, at which point your account will be terminated immediately.
Upon termination of your account: i) you will no longer have access to the member portal, including your account, ii) you will forfeit any unused Credits, as defined below, as well as any products or services accessible through the Platform without compensation; iii) Amodo may cease to provide you with any further information, and iv) any information that is stored in Amodo’s database about you or your account, will be deleted, destroyed, or archived as detailed in the Privacy Policy. For avoidance of doubt, when your account is terminated, you forfeit access to the Platform and all Content, including any purchased or rented content.
Amodo uses a third-party payment processor (“Payment Processor“) to process charges for products and services provided by the Platform or via the Platform for third party instructors. Purchases will be i) charged to your credit card through the Payment Processor, or ii) through any alternative payment method provided (collectively, “Payment Method“) at the price specified at the time of purchase. For card purchases, the charging merchant will be the instructor or the instructor’s business, unless otherwise specified.
In purchasing any product or service via the Platform, you agree to:
A credit pack grants you a specified number of credits (“Credits“) that will be added to your account balance and can be exchanged to purchase or rent a specified product or service via the Platform. When purchasing a Credit pack, the pack will state the category of service that the Credit can be exchanged for: either an on-demand video, live stream, or in-person event. Within a category, a Credit may state the type(s) of category that the Credit can be exchanged for. A Credit of a given category and type cannot be exchanged for a product or service provided in a different category and/or type. By way of example, a Credit in the “live stream” category and with a type of “Type A” and “Type B” cannot be exchanged for an “in-person event” category nor can it be exchanged for a “live stream” category with a type of “Type C”. When a Credit is exchanged for an on-demand video rental, this does not constitute a purchase of the video so you will have access to that video for the duration of the rental period only.
Credits are valid for a fixed period of time from the date of purchase. The expiry date is specified on the Credit pack and can be viewed at any time from the member portal. Upon expiry, any unused Credits will be removed from your account without further notice and without reimbursement or compensation of any kind.
When purchasing a subscription, you acknowledge that there is an initial charge, unless otherwise stated, followed by recurring periodic charges until you cancel the subscription. By purchasing a subscription, you agree that no further authorization is required from you to make the recurring charges. Any additional term(s) specific to the subscription will be disclosed to you at the time of purchase, and by purchasing the subscription you are also agreeing to those terms.
If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription in the ‘My account’ section of the Platform prior to the end of the trial or promotional period. If you do not cancel, you will be charged at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms of the subscription.
You may cancel a subscription at any time in the ‘My account’ section of the Platform. When you cancel, you will remain on the same subscription package until the end of the subscription period at which point the subscription will be cancelled. No pro rata refunds are available for subscriptions that are cancelled part way through a subscription period. Any content that was first viewed or booked during a subscription period will no longer be available to you upon the cancellation of your subscription in the event you have no other valid subscription available.
If payment for your subscription renewal fails, you will be notified by email and our Payment Processor may continue to attempt to charge your card unless you cancel. If any further attempts to charge your card succeed, you will be notified by email and your subscription will resume. If any further attempts to charge your card fail, your subscription will be cancelled.
If the subscription amount to be charged changes, we will provide you with advance notice by email of any new amount to be charged and the date of the next charge. If you do not cancel the subscription before the date of the next charge, you authorize the new charge amount and subsequent recurring charges in accordance with the terms of the subscription.
If a subscription charge is due for renewal whilst your account is suspended, your subscription will be cancelled and you will not be charged. If your account is later reinstated, you will need to resubscribe to any cancelled subscription package(s) if you wish to continue the subscription. No pro rata refunds are provided for subscriptions for any period where an account is suspended.
Instructors may offer digital files for purchase via Amodo that are accessible by download only ("Digital Files"). Digital Files will be made available to you for download immediately after a successful purchase and will remain available to you until their removal from the Platform. It is recommended that you immediately download the Digital Files to avoid them being unavailable if later removed or modified. Digital Files are for your exclusive use only and cannot be shared, duplicated, made available to others, sold or otherwise monetised by you, in part or in whole.
Downloading and opening any content from the internet has inherent risks. Prior to downloading any Digital File, you are responsible for making sure it is properly scanned to ensure it does not contain or transmit viruses, malware, or other harmful software programs.
Except as provided in these Terms, your access to and use of the Platform and the Content does not grant or transfer any rights, title or interest to you in relation to the Platform or the Content.
Any copying, reproduction or redistribution of the Platform or Content is prohibited and may result in civil and criminal penalties. Copying the Content to any other server, network, or location for publication, reproduction, distribution, or otherwise is expressly prohibited. You must not copy, download, reproduce, decompile, archive, use stills, screengrab, modify or derive any aspect of the Platform, in part or in whole.
An instructor’s cancellation policy for live streams and in-person events (“Cancellation Policy“) is made available to you at the time of booking and from their custom page on the Platform. An instructor’s Cancellation Policy is subject to change so please regularly check the latest policy.
Any refunds relating to products and/or services purchased through the Platform are covered by Amodo’s refund policy (“Refund Policy”) as outlined below.
When a booking is cancelled by the instructor or by Amodo, you will receive a full refund for the price paid or reimbursement for a Credit used.
When you cancel a booking and are eligible for a refund as per the instructor’s Cancellation Policy, you will be issued with a refund or reimbursed for a Credit used, depending on your original Payment Method. Card refunds can take 5-10 business days to receive depending on your financial institution.
In the event of an instructor issue that significantly and detrimentally impacts a booking or purchase, you may request a refund from the instructor. All claims for a refund will be considered and determined at the instructor’s discretion. The instructor reserves the right to either provide you with a refund, in part or in whole, take all reasonable steps to offer an alternative and equivalent product or service, or refuse your claim.
Any request for a refund must be received by the instructor within a reasonable period of time after the conclusion of an event (livestream or in-person) or from the purchase / rental of an on-demand video or product. An instructor is under no obligation to issue you with a refund for a change of mind. Any refund provided is limited to the purchase price or Credit used, in the currency that it was charged, and without any further compensation for other costs incurred, including but not limited to fees, charges, exchange rate movements and exchange rate spreads for both the purchase and/or in the course of you receiving any refund unless otherwise stated in these Terms.
You agree that you are ineligible for reimbursement or compensation of any kind in the event that you have breached any of the Terms or any other agreement you may have with Amodo, if your account is suspended or terminated, if you lost and/or forgot your login credentials, or if Content is suspended or removed from the Platform.
The Platform may contain links to third-party websites and platforms that are not operated or controlled by Amodo and that are provided for your convenience. You understand and agree that Amodo makes no express or implied warranty and accepts no responsibility for any content or practices of such third-party websites or platforms and that Amodo has no liability in connection with your access to and use of, or any information and material posted on such third-party websites or platforms. Please read any terms, conditions, and/or privacy policies of any third-party website or platform that you visit prior to use.
You represent and warrant that:
If Amodo learns of any inconsistency with the representations and warranties made by you, Amodo may (without limiting its rights under these Terms or the law) immediately suspend or terminate your account. You agree that any defence of such claims by you will be at your own expense.
To the maximum extent permitted by law, including consumer laws, Amodo makes no representations or warranties about the Platform or the Content, including but not limited to representations or warranties about the risks or reasonableness of the Platform or the Content, that the Platform or the Content will be complete, accurate or up-to-date, will not infringe upon intellectual property rights, that access will be uninterrupted or error-free or free from viruses, that the Platform will be secure, or that you will realise any result or outcome associated with the use of the Platform and/or the Content.
You expressly acknowledge that your access to and use of the Platform and the Content is at your sole risk.
AMODO IS A TECHNOLOGY SERVICES PROVIDER AND IS EXPRESSLY NOT A MEDICAL ORGANISATION OR SPECIALIST IN ANY FIELD PERTAINING TO THE CONTENT OR INSTRUCTORS ON THE PLATFORM. AMODO DOES NOT AND CANNOT GIVE OR PURPORT TO GIVE YOU ANY MEDICAL OR OTHER ADVICE OR ASSISTANCE IN WHATEVER FORM. NOTHING ON THE PLATFORM, IN THE CONTENT, OR ANYTHING ASSOCIATED WITH THE PLATFORM OR CONTENT SHOULD BE TAKEN OR UNDERSTOOD AS MEDICAL OR OTHER ADVICE OR ASSISTANCE NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL OR OTHER ADVICE OR ASSISTANCE OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL OR OTHER ADVICE OR ASSISTANCE FROM QUALIFIED PHYSICIANS AND PRACTITIONERS FOR YOUR PARTICULAR CIRCUMSTANCES AND NEEDS.
WHERE PHYSICAL ACTIVITY IS INVOLVED, YOU UNDERSTAND THAT PHYSICAL ACTIVITY OF ANY KIND CAN BE STRENUOUS. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ASSESSING YOUR OWN HEALTH AND WELLBEING AND WHETHER, IN ALL THE CIRCUMSTANCES, YOU SHOULD ACCESS AND USE THE PLATFORM, ITS CONTENT, AND ANY EQUIPMENT. AMODO ADVISES YOU TO SEEK APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM A PHYSICIAN AND OR QUALIFIED PRACTITIONER BEFORE BEGINNING ANY PHYSICAL ACTIVITY AND USING THE PLATFORM, ITS CONTENT AND ANY EQUIPMENT.
IT IS YOUR RESPONSIBILITY TO BE AWARE OF YOUR LIMITS, SKILLS, AND YOUR ABILITIES RELATING TO ANY CONTENT OR THE USE OF ANY EQUIPMENT AND TO MONITOR AND ENSURE THAT YOU WILL NOT EXCEED YOUR LIMITS, YOUR SKILLS, AND/OR YOUR ABILITIES. IF YOU ARE UNSURE OR UNCERTAIN OF YOUR LIMITS, SKILLS, AND/OR YOUR ABILITIES, YOU SHOULD IMMEDIATELY CEASE TO USE THE PLATFORM AND ANY OF THE CONTENT AND IF YOU FEEL UNWELL OR NOTICE ANY UNUSUAL SYMPTOMS OF ANY KIND, IMMEDIATELY STOP AND SEEK MEDICAL ASSISTANCE.
ANY COMMENTARY, DESCRIPTION OR DEMONSTRATION RELATING TO ANY MOVEMENT, TECHNIQUE, OR THE USE OF ANY EQUIPMENT IN THE CONTENT IS NOT REQUIRED TO BE FOLLOWED OR UNDERTAKEN BY YOU. BY CHOOSING TO FOLLOW ALONG OR UNDERTAKE ANY ACTIVITIES DESCRIBED OR DEMONSTRATED IN THE CONTENT, INCLUDING THE USE OF ANY EQUIPMENT, YOU UNDERSTAND THAT THERE IS THE RISK OF HARM, DAMAGE, OR INJURY IN ANY SUCH ACTIVITY AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HARM, DAMAGE, OR INJURY TO YOURSELF AND ANY OTHER PERSONS OR PROPERTY.
AMODO CANNOT VERIFY, ENDORSE, SUPPORT, CHECK, VALIDATE, APPROVE, OR GUARANTEE THE INFORMATION, CONTENT, AND/OR RECOMMENDATIONS MADE AVAILABLE THROUGH THE PLATFORM AND YOU AGREE THAT AMODO IS NOT RESPONSIBLE FOR THE SUITABILITY, ACCURACY, RELIABILITY, SAFETY, EFFECTIVENESS, OR CORRECT USE OF THE INFORMATION, CONTENT, AND/OR RECOMMENDATIONS.
YOU AGREE THAT NEITHER AMODO, NOR ANY OF AMODO’S DIRECTORS, EMPLOYEES, PRINCIPALS, AGENTS, REPRESENTATIVES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, LICENSEES, SUPPLIERS, AND/OR ANY PARTY IN A BUSINESS RELATIONSHIP WITH AMODO WARRANTS OR MAKES ANY REPRESENTATION ABOUT THE CONTENT REFERRED TO IN THE PLATFORM, AND SPECIFICALLY DO NOT MAKE ANY REPRESENTATION ABOUT THE RISKS, RESULTS, REASONABLENESS, OR ACCURACY OR OTHERWISE OF SUCH CONTENT AND YOUR ACCESS TO AND USE OF THE PLATFORM, ITS CONTENT AND ANY EQUIPMENT, IS AT YOUR SOLE RISK.
The Platform and the Content is provided on an “as is” and “as available” basis. Amodo may modify, delete, replace, or discontinue the Platform or the Content, in part or in whole, at any time, for any reason, without compensation or liability to you or any other party and without further notice.
To the maximum extent permitted by law, including consumer laws, in no event shall Amodo or any Instructors be liable for any direct and indirect loss, damage or expense, irrespective of the manner in which it occurs, which may be suffered due to your use of the Platform or the Content contained on it, or as a result of the inaccessibility of the Platform or the Content, and/or the fact that certain information or materials contained in the Platform or the Content are incorrect, incomplete or not up-to-date, including damages for the loss of income, data, personal injury, or consequential damages.
Amodo’s liability arising out of any claim related to your access to and use of the Platform and any Content is limited to, at our option, replacement of any product or service that you purchased, supply of some equivalent product or service, amendment of the product or service, or the payment of the cost of such replacement, supply, or amendment.
You agree that disputes between you and Amodo will be resolved by individual arbitration and you waive your right to participate in any class action lawsuit or class wide arbitration.
You agree to defend Amodo, indemnify Amodo and hold Amodo harmless to the full extent needed from any and all third-party claims, damages, losses, liabilities, costs, expenses (including, but not limited to solicitors’ fees), that Amodo may incur or suffer arising out of your breach of the Terms and/or any other action that you may cause or contribute to that causes any loss or damage to Amodo.
Amodo may modify, vary, change, edit, or delete these Terms at any time. Amodo will publish any amendments to these Terms on the Platform. Your access to and use of the Platform and the Content will be subject to the current version of the Terms, including any rules or guidelines, posted on the Platform at the time of each access or use so please regularly check the Terms.
You agree that Amodo may transfer, assign, or issue a licence for Amodo’s interest in the Platform, the Content, the copyright or any other published material to any affiliate or to any other third-party who shall be bound to meet the obligation of any agreement you have with Amodo. Amodo will notify you of any change within 90 days.
The Terms, any other agreement you may have with Amodo and your access to and use of the Platform is governed by the law of New South Wales, Australia and you agree and submit to the non-exclusive jurisdiction of the Courts of New South Wales and any appeals from those Courts.
The Terms are to be read in conjunction with any other written agreements to form the entire agreement between Amodo and you in relation to the subject matter of this agreement, and supersedes all earlier communications, conduct, prior agreements, and understandings between Amodo and you with respect to the subject matter contained herein.
Any failure or delay on Amodo’s part in exercising Amodo’s rights or remedies under these Terms does not constitute a waiver of any such right or remedy, nor does it preclude Amodo from exercising that right or remedy at a later date.
You are not permitted to transfer or assign any or all of your rights and/or obligations under these Terms to any other person.
If any of these terms is deemed to be invalid or unenforceable by any competent body in any jurisdiction, such a term may be modified to the minimum extent required to make it valid and enforceable of a partial nature. The remaining parts of the term and any other part of the Terms will remain in full force and effect.