Last updated: September 12, 2023
The website located at www.mojocrowe.com (Website), the "Mojo Crowe" mobile application (Mojo App) and the Goods and Services provided in connection with the Website and/or Mojo App, are owned, controlled, operated and/or provided by Mojo App Pty Ltd (ABN 38 644 001 776) and/or Mojo Crowe Pty Ltd ACN 634 333 903 (collectively, we, our, us or Mojo Crowe).
The terms and conditions set out below (Terms and Conditions) will apply to you (you or your) if you access, browse and use the Website or Mojo App.
By accessing and using Website or Mojo App, or by specifically agreeing to the Terms and Conditions at any time when you are using the Website or Mojo App, you agree to the Terms and Conditions. If you do not accept the Terms and Conditions, you must not access and use the Website or Mojo App.
We may change the Terms and Conditions at any time. If you have a Mojo Account (as defined below), we will provide you with notice of any changes via the e-mail linked to your account. Any use of the Website or Mojo App by you after the date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied.
You should familiarise yourself with the Terms and Conditions before accessing the Website or Mojo App. If you have any questions about the Terms and Conditions, you can contact us at firstname.lastname@example.org.
PLEASE CAREFULLY NOTE THE FOLLOWING ABOUT THE TERMS AND CONDITIONS:
Application of Terms and Conditions
1.1. You agree to be legally bound by the Terms and Conditions when you do any of the following:
(a) viewing, browsing, accessing or otherwise using the Website or Mojo App;
(b) indicating that you agree to the Terms and Conditions when registering a Mojo Account.
1.2. Your access to, and use of, the Website and Mojo App, is subject to all conditions specified in the Terms and Conditions.
2.1. You may need to register a user account in order to access specific sections of the Website or Mojo App (Mojo Account).
2.2. When you register and activate your Mojo Account, you will provide us with Personal Information such as your name and email address. You may also provide us with the Personal Information of third parties for the purposes of sending invitations to them to register and activate a Mojo Account. You must ensure that this information is accurate and current.
2.3. When you register and activate your Mojo Account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under your Mojo Account.
2.4. If you are under the age of 16 years, you must not create a Mojo Account. If you are 16 or older but under the age of 18, upon creating a Mojo Account, you represent that you have reviewed the Terms and Conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand the Terms and Conditions. If you are a parent or guardian permitting a person under the age of 18 (Minor) to create a Mojo Account, you agree to:
(a) exercise supervision over the Minor's use of the Website and Mojo App;
(b) assume all risks associated with the Minor's use of the Website and Mojo App, including the transmission of content or information to and from third parties via the Internet;
(c) ensure that the content and information that the Minor may encounter on the Website and Mojo App is suitable for the Minor;
(d) assume any liabilities resulting from the Minor's use of the Website and Mojo App;
(e) ensure the accuracy and truthfulness of all information submitted by the Minor; and
(f) provide the consents contained in the Terms and Conditions on behalf of the Minor.
2.5 If you are a Minor, we may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to the Terms and Conditions on your behalf, and, even if we do not do this, we will assume that this is the case and will provide you with a Mojo Account (which you have requested) on this basis.
3.2. We may collect the Personal Information of third parties from you where the Goods and Services you have requested involves us:
(a) sending an invitation to those third parties to create a Mojo Account; or
(b) contacting those third parties for some other reason connected with the relevant Goods and Services.
3.3. Before providing us with the Personal Information of any third parties, you must:
(a) inform each third party that we will collect their personal information from you for the purpose of sending invitations to them to create a Mojo Account or for another purpose connected with the Goods and Services we are providing to you; and
By providing the Personal Information of any third parties to us, you confirm that you have complied with the above terms prior to disclosing this information to us.
4.1. In the event that you purchase any Goods or Mojo Content from us, the terms in this clause will apply.
4.2. Any order placed by you for Goods and Services on the Website or Mojo App (Order) is an offer to purchase the Goods and Services you have selected for the Fees and any Delivery Charges specified on the Website or Mojo App (at the time you place your Order).
4.3. We may accept or reject your Order at our discretion. If we reject your Order, we will notify you of that rejection and refund any Fees and Delivery Charges paid which are related to your Order.
Fees & Payment
4.4. The Fees are as displayed on the Website and Mojo App from time to time. We reserve the right to change those Fees and Delivery Charges at any time.
4.5. Unless specified otherwise, the Fees and Delivery Charges displayed on our Website and Mojo App are shown in Australian dollars (AUD) and are inclusive of GST.
4.6. We may need to change the Fees payable by you after you have placed an Order, but prior to our fulfilment of the Order, due to increases in our supply or delivery costs or because of a price listing error. You may cancel an Order in writing if there is a change in the Fees and do not wish to accept the change.
4.7. The Price and any Delivery Charges applicable to your order can be paid through the functionality provided on the Website or Mojo App for credit card payments (which may be via an e-commerce payment provider).
4.8. If we use a third party e-commerce payment provider to process payment of Fees and any Delivery Charges, your use of that platform is governed by the applicable terms of service for that payment provider. If you pay for any Fees via any “in-app purchases” made through the Apple App Store or Google Play Store (App Store), which may be provided for in the functionality of the Mojo App, those purchases are subject to the terms and conditions specified by the App Store.
Shipping of Goods
4.9. Where your Order is for Goods, we will arrange for the delivery of the Goods to the address specified in the Order. Goods will not be dispatched until full payment of the Fees and any Delivery Charges has been received by us.
4.10. We generally do not accept changes to the delivery address after your Order is placed, so you should ensure the address is correct at the time of placing your Order.
4.11. We predominantly use Australia Post as our delivery service. We may use other supply or courier businesses to deliver the physical Goods to you.
4.12. We will endeavour to deliver the Goods to you as soon as possible after your order has been placed. Please note that processing time for shipping may take up to seven business days, and longer in busier periods for our e-store.
5.13. If we provide an estimated delivery time for your Order, that is an estimate only. We will not be liable for any failure for Goods to be delivered to you within any estimated delivery times provided by us.
5.14. You are responsible for any taxes, duties or other liabilities imposed by any government agency on any Goods purchased by you. If your order for Goods is to be delivered outside Australia, then you are responsible for any export, import and other taxes or duties that might be applicable in order for you to receive the Goods.
4.15. Title in the Goods will pass to you upon delivery of the Goods. Risk of loss or damage to any Goods will pass to you on delivery of the Goods.
4.16. While we make every attempt to display the visual appearance of Goods as accurately as possible on our Website, the visual appearance of Goods may vary from the physical product which you receive from us.
Delivery of Non-Subscription Content
4.17. As of 19 August 2023, Mojo Crowe no longer offers access to Non-Subscription Content. Clauses 4.18 – 4.21 will only apply to you if you have been provided with access to Non-Subscription Content by Mojo Crowe prior to the cut-off date.
4.18. Provided that we have accepted your Order for accessing Non-Subscription Content, and the applicable Fees (if any) has been paid in full, we will provide you with access to the Non-Subscription Content (enabled via your Mojo Account) which you have ordered, subject to the Terms and Conditions.
4.19. The Non-Subscription Content will be accessible to you via your Mojo Account on an indefinite basis. We reserve the right to remove your access to certain Non-Subscription Content, with reasonable notice provided to you of its removal.
4.20. We may offer an upgrade of your existing access for Non-Subscription Content to include a Mojo Membership (Upgraded Access). Obtaining Upgraded Access will not affect your access rights for Non-Subscription Content provided under clause 4.19.
4.21. We will provide you with a Mojo Membership:
(a) where your Order requests this and we have accepted your Order;
(b) the applicable Fees (if any) has been paid by you in full;
(c) for the duration of time agreed by us at the time which you submitted your Order (Initial Subscription Period);, and
(d) subject to the Terms and Conditions.
4.22. On expiry of the Initial Subscription Period, your Mojo Membership will automatically renew for consecutive periods of either 1 month (if the Initial Subscription Period was 1 month) or 12 months (if the Initial Subscription Period was 12 months) (Further Subscription Periods) in exchange for payment of the corresponding Fees. Your Mojo Membership will not renew if one party notifies the other party within 7 days prior to the end of the Initial Subscription Period or Further Subscription Period (as applicable) that it does not wish for the Terms and Conditions as they apply to the Mojo Membership to be renewed for a Further Subscription Period. After the Subscription Period expires, and where you have not renewed access, access to your Mojo Membership will be disabled by us.
4.23. Mojo Crowe has no obligation to add or keep any amount of content for access via your Mojo Membership during the Subscription Period.
4.24. Mojo Crowe has no obligation to provide any specific content for access via your Mojo Membership during the Subscription Period. Mojo Crowe may remove certain content from access without notice to you.
4.25. We offer multiple tiers of Mojo Membership (currently known as Free, Standard and Premium). The Subscription Content, or other features of the Website or Mojo App, accessible to each membership tier may differ.
Hosting of Mojo Content
4.26. The Mojo Content may be hosted on, and accessible via, a third party platform (Hosting Platform). Your use and interactions with the Hosting Platform are governed by the terms and conditions or similar agreement in place which governs using and accessing these platforms (Hosting Platform TOS). You agree to comply with the Hosting Platform TOS, as applicable.
4.27. We offer refunds and other remedies for Goods and Services purchased from us in accordance with your rights under the Australian Consumer Law, and as specified under the Terms and Conditions.
4.28. Once your Order has been placed, you cannot cancel the order before it is fulfilled by us.
4.29. Subject to clauses 4.30 and 4.31, you are not entitled to a refund of the Fees paid to purchase any of the Goods and Services for change of mind reasons.
4.30. You are entitled to a refund of the Fees paid (via the Website only) to purchase a Mojo Membership during the Initial Subscription Period of 12 months (for any reason) if:
(a) you have completed no more than any two exercises in the Mojo Mindset Course (where these exercises form part of the Mojo Membership you have purchased); or
(b) you have watched no more than two videos available to you through the Mojo Membership. You will be deemed to have watched one video by playing the video for 50% of the runtime of that video; or
(c) it has been 14 days or less since we have activated access to your Mojo Membership,
whichever occurs earliest.
4.31. If you paid Fees for a Mojo Membership via an App Store, those payments are controlled by the App Store and any refund rights will be subject to the terms and conditions set by the App Store. You will need to direct any request for a refund of any Fees to the App Store. Your entitlement to any refund of Fees, and the issue of any granted refund, will be solely managed by the App Store and not Mojo Crowe.
4.32. You can cancel a Mojo Membership at any time during the Subscription Period. If cancelled, access to your Mojo Membership will continue for the remainder of the Subscription Period, and will not auto-renew at the end of the Subscription Period. If you paid for your Mojo Membership via an App Store, you will need to process cancellation via the App Store.
4.33. If you wish to obtain a refund or exchange for any of the Goods and Services not paid for via an App Store, please contact us at email@example.com with the following information:
(a) your order number;
(b) the reasons that you wish to return/request a refund for the relevant Goods and Services; and
(c) whether you would like an exchange (for Goods only) or a refund of any Fees paid.
5.1. The Intellectual Property subsisting in the Mojo Content (Mojo Content IP), and Website and Mojo App (Website/App IP), is exclusively owned and controlled by us or our third party licensors, and is protected by Australian and international law governing intellectual property rights. The Website/App IP and Mojo Content IP remains the exclusive property of us or our third party licensors.
5.2. We provide you with a non-exclusive, non-sublicensable, revocable, worldwide and non-transferable licence to:
(a) access and use the Website/App IP strictly as required for the ordinary, personal and non-commercial use of the Website and Mojo App;
(b) use the Mojo Content IP enabled by us for your access:
(i) for the purposes of accessing and viewing the Mojo Content IP on your electronic device for personal use; and (ii) for the period of time which is the Subscription Period (where applicable).
5.3. Subject to clause 5.2, you are not permitted to save, download, reproduce, publicly show, display, copy, alter, conceal, adapt, perform, transmit, broadcast, sell, license or otherwise exploit any Website/App IP or Mojo Content IP (including by authorising third parties to do any of these things) unless you have our express prior written authorisation. Any unauthorised use of Website/App IP or Mojo Content IP by you is strictly prohibited.
5.4. You hereby grant us a worldwide, non-exclusive, perpetual, transferable, sub-licensable, royalty-free licence to use, reproduce, copy or adapt your User Content for the sole purpose of providing you with the Goods and Services in connection with the Website and Mojo App.
5.5. If you wish to use the Website/App IP or Mojo Content IP beyond the rights provided in clause 5.2, please contact us at firstname.lastname@example.org to make a licensing request. Please include the following details with your request:
(a) a description of the Website/App IP or Mojo Content IP which you wish to licence;
(b) a description of the purposes for which you wish to use the Website/App IP or Mojo Content IP, for example communicating the Mojo Content IP to members of your educational institution or workplace; and
(c) the duration for which you require the licence.
Permitted use of Website and Mojo App
6.1. You must not:
(a) use the Website or Mojo App for any purpose that is illegal, unlawful, infringes upon the rights of any third party, or is prohibited by the Terms and Conditions;
(b) interfere or attempt to interfere with the proper working of the Website or Mojo App, or obtain or attempt to obtain unauthorised access to the Website or Mojo App, including (without limitation) through hacking or use of automated devices, scripts or bots, destructive transmission of viruses, reverse engineering, circumventing, damaging, disassembling, attempting to discover the source code of the Website or Mojo App, or other illegitimate means;
(c) contact Users of the Website or Mojo App for the purpose of sending unsolicited offers, advertisements, spam or junk e-mails;
(d) contact Users of the Website or Mojo App for the purpose defaming, abusing, threatening or defrauding them;
(e) use the Website or Mojo App to impersonate any entity (including us), or falsely claim an affiliation with any person or entity;
(f) scrape or otherwise obtain any data (such as by data mining) from the Website or Mojo App for any purpose; or
(g) use any Content to spam third parties.
6.2. You must comply with all laws and regulations applicable to the use of the Website and Mojo App. You are solely responsible for your conduct in the course of using the Website and Mojo App.
6.3. We reserve the right to exercise any lawful means we deem necessary to prevent unauthorised use of the Website or Mojo App by you in breach of the Terms and Conditions, including technological barriers, blocking your continued access to the Website or Mojo App, IP mapping, and directly contacting your internet services provider (ISP) regarding the unauthorised use of our Website or Mojo App.
7.1. To the extent permitted by law, the Goods and Services are provided to “as is”, and we do not provide any representations, guarantees or warranties to you that the Goods and Services will be suitable or fit for any purpose, or provide any mental or physical health benefit.
7.2. To the extent permitted by law, you are solely responsible for compliance with all laws and regulations applicable to your use and enjoyment of the Goods and Services.
7.3. We are not responsible, and disclaim any legal responsibility or liability to you, for the following:
(a) User Content or other material that is created, or otherwise appears via the Website and Mojo App. We do not endorse, support, represent or guarantee the accuracy, completeness or reliability of User Content appearing on the Website and Mojo App;
(b) ensuring that the Mojo Content, or other information or content available on the Website or Mojo App, is complete, accurate, reliable, up-to-date and available;
(c) any content which can be accessed through hyperlinks on the Website or Mojo App to third-party websites, or any third-party information or content which appears on the Website or Mojo App (Third Party Content). All Third Party Content is the responsibility of its author or publisher, and we do not endorse, support, represent or guarantee the accuracy, completeness or reliability of that content.
Exclusions and Limitations of Liability
8.1. If you are a Consumer, the sale of the Goods and Services comes with consumer guarantees under the Australian Consumer Law (Consumer Guarantees). If you are a Consumer, nothing in the Terms and Conditions is intended to limit or exclude your Consumer Guarantees.
8.2. Except for liability in relation to breach of any obligation, condition, warranty or guarantee (including the Consumer Guarantees under the Australian Consumer Law), the exclusion of which under a contract would contravene any statute or cause any part of the Terms and Conditions to be void (Non-Excludable Conditions), we (including our Representatives) exclude our liability to you for all types of Loss resulting from the Goods and Services however incurred (whether based in negligence or any other tort, contract, statutory liability or otherwise). This includes (without limitation) any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any direct, indirect or Consequential Loss.
8.3. If we are not able to exclude our liability to you, but are able to limit your remedy for a breach of any Non-Excludable Conditions, then our liability for a breach of any Non-Excludable Conditions is limited to one or more of the following at our option:
(a) for goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired; and
(b) for services, the supply of the services again, or the payment of the cost of having services supplied again.
8.4. If we are not able to exclude liability to you, and not able to limit our liability to you in the way provided under clause 8.3, then to the extent permitted by law, our liability is limited to the Fees paid by you for any Goods and Services.
8.5. Subject to the application of any Non-Excludable Conditions, you hereby release us and our Representatives from any Loss, Claim or other liability that you suffer or incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) which arises from, or is connected with, any of the following:
(a) your use of, or inability to use, the Website and Mojo App;
(b) your use of, and reliance upon, any Content;
(c) accessing hyperlinks to third-party websites provided on the Website or Mojo App by us or other Users.
9.1. You agree to indemnify us and our Representatives, and must keep us and our Representatives indemnified, against any Loss or Claim that we or our Representatives suffer on incur (whether based in negligence or any other tort, contract, statutory liability or otherwise) that arises from, or is connected with, your breach of any term of the Terms and Conditions.
9.2. This indemnity in clause 9.1 is a continuing obligation, independent from the other obligations under the Terms and Conditions, and continues after the Terms and Conditions expire or is terminated.
10.1. The Terms and Conditions may be terminated:
(a) by mutual written agreement;
(b) by a party, if the other party breaches a term of the Terms and Conditions which is not capable of remedy, or which is capable of remedy and has not been remedied within 14 days of receiving written notice (which, for notice sent to us, must be sent to email@example.com with the subject line “Notice of Breach”) from the non-breaching party detailing the extent of the breach.
10.2. For the avoidance of doubt, the use of Website/App IP or Mojo Content IP other than as permitted under clause 5.2, and any breach of clauses 5 and 6 by you, is considered a breach of the Terms and Conditions which is not capable of remedy and will provide us with the right to immediately terminate the Terms and Conditions with you under clause 10.1(b).
10.3. Any rights and obligations under the Terms and Conditions, which by their nature would reasonably continue beyond the expiration or termination of the Terms and Conditions, will survive the expiration or termination of the Terms and Conditions. Without limiting the clauses that will survive, the parties agree clauses 5, 7, 8, 9, 10 and 11 survive the expiration or termination of the Terms and Conditions.
Jurisdiction & Choice of Law
The Terms and Conditions will be governed by and construed in accordance with the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts of Victoria, including (without limitation), the registries of the Federal Court of Australia and Federal Circuit and Family Court of Australia located in Victoria.
We may vary the Terms and Conditions at any time. If you have a Mojo Account, notice of any variations will be provided to you via the e-mail address linked to your Mojo Account, and a reasonable notice period will be given prior to any variations to the Terms and Conditions becoming effective. Your continued use of the Website or Mojo App after the effective date of variation of the Terms and Conditions will be bound by the Terms and Conditions as varied. If you do not agree to the Terms and Conditions as varied, you should not continue accessing the Website and Mojo App.
13.1. With the exception of the Merchandise Refund Policy, which will take precedence over the Terms and Conditions to the extent of any inconsistency, the Terms and Conditions contain the entire agreement between the parties in relation to its subject matter.
13.2. A waiver by any party of any term or condition of the Terms and Conditions in any instance will not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.
13.3. Any term, condition or warranty not expressly stated in the Terms and Conditions that may otherwise be implied into the Terms and Conditions is excluded.
13.4. If any provision of the Terms and Conditions is determined for any reason to be unenforceable or invalid, that provision will be read down to the extent of such unenforceability or invalidity, or if not capable of being read down, then it will be deemed severed from the Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
13.5. In the Terms and Conditions:
(a) singular includes the plural and vice versa;
(b) words such as including or for example do not limit the meaning of the words preceding them;
(c) an obligation or liability assumed by, or a right conferred on, two or more parties binds or benefits them all jointly and severally;
(d) a reference to the Terms and Conditions, includes the Terms and Conditions as assigned, novated, altered, supplemented or replaced from time to time;
(e) a reference to a statute includes regulations and other instruments under it, and consolidations, amendments, re-enactments or replacements of any of them; and
(f) the Terms and Conditions should not be construed to the disadvantage of a party because the party was responsible for the preparation of the Terms and Conditions or any part of it.
The following definitions apply in the Terms and Conditions:
(i) Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
(ii) Claim means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature.
(iii) Consequential Loss means special, incidental, indirect or consequential loss or damage, and loss of revenue, anticipated savings, profits, goodwill, reputation, interest or business.
(iv) Consumer means a consumer as this term is defined under the Australian Consumer Law (at section 3), in relation to the Goods and Services.
(v) Content means all content and media on the Website and Mojo App, including (without limitation) Mojo Content, text, underlying source and object code, photographs, graphics, logos, names, designs, Personal Information, financial information, data, drawings, links, video recordings and audio recordings.
(vi) Delivery Charges means the fee payable to us to arrange delivery of the Goods you have ordered to your nominated shipping address.
(vii) Fees means the fees payable to us to obtain the specific Goods and Services you have ordered.
(viii) Goods means physical products which are available to purchase on the Website or Mojo App.
(ix) Goods and Services means, jointly and severally, the Goods and the Services.
(x) Loss means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including Consequential Loss and all legal and other professional costs (calculated on an indemnity basis).
(xi) Intellectual Property means all intellectual property and proprietary rights (whether registered or unregistered, present or future), including business names, trade marks, copyright, domain names, websites, patents, patent applications, designs, plant varieties, circuit layouts, discoveries, inventions, improvements, databases, logos, technical data, photographs, video recordings, sound recordings, drawings, trade secrets, confidential information, know-how, research data and any other physical or digital media or similar intellectual property rights, and any other intangible proprietary assets arising from intellectual activity.
(xii) Mojo Content means specific content which is made available by Mojo Crowe on the Website or Mojo App for you to purchase or request access via your Mojo Account. The materials may be comprised of video recordings, audio recordings, text, underlying source and object code, photographs, graphics and/or logos.
(xiii) Mojo Membership means a membership providing access to certain Subscription Content determined at the discretion of Mojo Crowe, enabled via your Mojo Account.
(xiv) Non-Subscription Content means the Mojo Content which we offer access to on an indefinite basis.
(xvii) Representatives means, in relation to a party, its officers, directors, employees, contractors, consultants, agents, members and other authorised representatives.
(xviii) Services means the services of Mojo Crowe providing you with access to the Mojo Content, the Website and/or the Mojo App.
(xix) Subscription Content means Mojo Content which we offer access on a subscription, time-limited access basis and includes content accessible with a Mojo Membership.
(xx) Subscription Period means the Initial Subscription Period and any Further Subscription Periods which are automatically renewed in accordance with clause 4.22 (as applicable).
(xxi) User means you and/or any other user of the Website.
(xxii) User Content means any Content that is shared via, or otherwise submitted or uploaded to, the Website or Mojo App by a User.