Terms of service

Thank you for visiting our website. This website is owned and operated by Mojo App Pty Ltd (ABN 38 644 001 776 ). By accessing and/or using this website and related services, you agree to these Terms and Conditions, which include our Privacy Policy (https://www.mojocrowe.com/privacy-policy). You should review our Privacy Policy and these Terms carefully and immediately cease using our website if you do not agree to these Terms. 

In these Terms, 'us', 'we' and 'our' means Mojo App Pty Ltd and Mojo Crowe Pty Ltd. 

1. REGISTRATION

You may need to be a registered member to access the Mojo App.

When you register and activate your account, you will provide us with personal information such as your name and email address. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy https://www.mojocrowe.com/privacy-policy.

When you register and activate your 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 this user name.

If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

exercise supervision over the Minor's use of our website and account;

  • assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;

  • ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;

  • assume liabilities resulting from the Minor's use of our website and their account;

  • ensure the accuracy and truthfulness of all information submitted by the Minor; and

  • provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

2. COLLECTION NOTICE

We collect personal information about you in order to create your Mojo App account and for purposes otherwise set out in our Privacy Policy at https://www.mojocrowe.com/privacy-policy. 

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our products to you. 

Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at info@mojocrowe.com. 

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.

3. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, change or add to the website (including the Terms) or the information, products or services described in it. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.

4. PROMOTIONS AND COMPETITIONS

For certain campaigns, promotions or contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or contest. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.

5. PURCHASES

The supply of Goods & Services by Mojo App Pty Ltd (ABN 38 644 001 776 ) to the Buyer will be subject to these terms and conditions of supply.

  1. DEFINITIONS

    • In these terms and conditions, unless the context otherwise requires:

    • 1.1."GST" means Goods and Services Tax or other tax that is substituted or replaces the GST tax.

    • 1.2."Seller" means Mojo App Pty Ltd (Australia)

    • 1.3."Buyer" means any person or persons, company or business entity to whom the Seller sells or supplies, or proposes to sell or supply, Goods or Services. 

    • 1.4."Goods" means the goods or products supplied or sold by the Seller to the Buyer from time to time.

    • 1.5."Supplier" means the Seller.

    • 1.6. “Services" means any services provided by the Supplier.

    • 1.7."PPSA" means the Personal Property Securities Act 2009 (Cth) as amended from time to time.

    • 1.8. "Order" means a purchase order issued by the Buyer to the Supplier in writing via email or a system generated document or any other suitable media

    • 1.9 "GST Law" means the New Tax System (Goods and Services Tax) Act 1999 (Cth)

  2. GENERAL

    • 2.1 These Terms and Conditions will apply to the purchase of the goods detailed in Seller’s order by the Buyer from Seller Mojo App Pty Ltd a company registered in Victoria, Australia under ABN 38 644 001 776 whose registered office is c/o 9 Meaden Street, Southbank, VIC 3006.

    • 2.2 These Terms and Conditions will be deemed to have been accepted by Buyer when Buyer issues an order via the website or any act by the Seller which indicates fulfilment of order or from the date of any delivery of the Goods (whichever happens earlier) and will constitute the entire agreement between Buyer and Seller

    • 2.3 These Terms and Conditions and invoice (order confirmation) (together, the Contract) apply to the purchase and sale of any Goods between Buyer and Seller, to the exclusion of any other terms that Buyer try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing

    • 2.4 Any quotation by Seller is not and shall not be interpreted as an offer capable of acceptance or as creating an obligation to sell.

    • 2.5 All drawings, specifications & details furnished by Seller or contained in catalogues, price list or website are by way of general description only of the Goods and shall not form part of this contract.

    • 2.6 Words imparting the singular number include the plural and vice-versa

  3. PRICE

    • 3.1 The price (Price) of the Goods is set out in the app or on the website are current at the date of Buyer’s order or such other price as we may agree in writing.

    • 3.2 If the cost of the Goods to Seller increases due to any factor beyond Seller’s control including, but not limited to, material costs, labour costs, alteration of exchange rates or duties, or changes to delivery rates, Seller can increase the Price prior to delivery.

    • 3.3 Any increase in the Price under the clause above will only take place after the Seller has informed the Buyer about it.

    • 3.4 The Price is inclusive of fees for packaging and transportation/delivery unless otherwise stated.

    • 3.5 Prices quoted are based on the full quantities specified and do not necessarily operate pro rata for any greater or fewer quantities.

    • 3.6 In the event of the suspension of manufacture or supply on the Buyer’s instruction, or lack thereof, or due to the inability of Buyer to accept the Goods for any reason on or after the date on which they are ready for delivery, Buyer shall be liable for all extra costs and losses thereby incurred by Seller.

    • 3.7 Price quoted is inclusive of GST

  4. PAYMENT

    • 4.1 Seller take payment upfront for the delivery of products via credit card via Stripe for privacy and security please refer https://stripe.com/en-au/ssa#section_d:

    • 4.5 All payments must be made in Australian Dollars unless otherwise agreed in writing between us.

    • 4.6 Both parties must pay all amounts due under these Terms and Conditions in full without any deduction or withholding except as required by law and neither party is entitled to assert any credit, set-off or counterclaim against the other in order to justify withholding payment of any such amount in whole or in part.

    • 4.7 Buyers that opt-in for the monthly payment plans for the Mojo Mindset Course and Membership must pay the entirety of the cost of the course in 12 instalments, regardless of the time taken to complete the course. For refunds and cancellations view clause 7.

  5. DELIVERY

    • 5.1 Seller will arrange for the delivery of the Goods to the address specified at the point of sale, or Buyer’s order or to another location as agreed in writing between the Buyer & Seller. Goods and charge Buyer for any shortfall below the price of the Goods.

    • 5.2 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Seller will not be liable for any delay in delivery of the Goods that is caused by a circumstance beyond Seller’s control or Buyer’s failure to provide Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.

    • 5.3 Seller can deliver the Goods by instalments, which will be invoiced and paid for together.

  6. 6. INSPECTION & ACCEPTANCE OF GOODS

    • 6.1 It is Buyer’s responsibility when accepting this contract or ordering to ensure the Goods ordered conform to Buyer’s requirements and are suitable and sufficient for Buyer’s purpose.

    • 6.2 Buyer must inspect the Goods on delivery or collection.

    • 6.3 If Buyer identifies any damages or shortages, you must inform us in writing within 7 days of delivery, providing details.

    • 6.4 Other than by agreement, Seller will only accept returned Goods if Seller is satisfied that those Goods are defective and if required, have carried out an inspection.

    • 6.5 Subject to Buyer’s compliance with this clause and/or Seller’s agreement, Buyer may return the Goods and Seller will, as appropriate, repair, or replace, or refund the Goods or part of them.

    • 6.6 Seller will be under no liability or further obligation in relation to the Goods if:

      • 6.6.1 if Buyer fails to provide notice as set above; and/or

      • 6.6.2 Buyer makes any further use of such Goods after giving notice under the clause above relating to damages and shortages; and/or

      • 6.6.3 the defect arises because Buyer did not follow Seller’s oral or written instructions about the maintenance of the Goods; and/or

      • 6.6.4 the defect arises from normal wear and tear of the Goods; and/or

      • 6.6.5 the defect arises from misuse or alteration of the Goods, negligence, wilful damage or any other act by Buyer, Buyer’s employees or agents or any third parties.

    • 6.7 The Buyer bear’s the risk and cost of returning the Goods.

    • 6.8 Acceptance of the Goods will be deemed to be upon inspection of them by Buyer and in any event within 1 day after delivery.

  7. MOJO COURSE AND APP REFUNDS

  • 7.1 Buyers that have purchased the Mojo Mindset Course or any other Mojo product, cannot request a refund for their purchase if:

    • They have completed more than any two (2) exercises of any of the Mojo Mindset Course chapters or;

    • They have watched more than any two (2) premium videos produced by Mojo or;

    • Their purchase was completed more than sixty (60) days from when they are requesting a refund.

  • RISK & TITLE

    • 8.1 The risk in the Goods will pass to the Buyer on completion of delivery.

  • TERMINATION

    • 9.1 Seller can terminate the sale of Goods under the Contract where:

    • 9.1.1 Buyer commit’s a material breach of his obligations under these Terms and Conditions;

    • 9.1.2 Buyer is or become or, in our reasonable opinion, are about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtors;

    • 9.1.3 Buyer enters into a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with Buyer’s creditors; or

    • 9.1.4 Buyer convene any meeting of Buyer’s creditors, enter into voluntary or compulsory liquidation, have a receiver, manager, administrator or administrative receiver appointed in respect of Buyer’s assets or undertakings or any part thereof, any documents are filed with the court for the appointment of an administrator, notice of intention to appoint an administrator is given by Buyer or any of Buyer’s directors or by a qualifying floating charge holder, a resolution is passed or petition presented to any court for the winding up of Buyer’s affairs or for the granting of an administration order, or any proceedings are commenced relating to Buyer’s insolvency or possible insolvency.

  • LIMITATION OF LIABILITY

    • 10.1 Seller’s liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this clause.

    • 10.2 Subject to the clauses above on Inspection and Acceptance and Risk and Title, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.

    • 10.3 Seller total liability will not, in any circumstances, exceed the total amount of the Price payable by you.

    • 10.4 If Seller does not deliver the Goods, Seller liability is limited, subject to the clause below, to the costs and expenses incurred by Buyer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.

    • 10.5 Seller will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for:

      • 10.5.1 any indirect, special or consequential loss, damage, costs, or expenses; and/or

      • 10.5.2 any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or

      • 10.5.3 any failure to perform any of Seller’s obligations if such delay or failure is due to any cause beyond Seller’s reasonable control; and/or

      • 10.5.4 any losses caused directly or indirectly by any failure or breach by Buyer in relation to Buyer’s obligations; and/or

      • 10.5.5 any loss relating to the choice of the Goods and how they will meet Buyer’s purpose or the use by Buyer of the Goods supplied.

    • 10.6 The exclusions of liability contained within this clause will not exclude or limit Seller’s liability for death or personal injury caused by Seller’s negligence; or for any matter for which it would be illegal for Seller to exclude or limit Seller’s liability; and for fraud or fraudulent misrepresentation.

  • COMMUNICATIONS

    • 11.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice (or a duly authorised officer of that party).

    • 11.2 Notices will be deemed to have been duly given:

    • 11.2.1 when delivered, if delivered by courier or other messengers (including registered mail) during the normal business hours of the recipient;

    • 11.2.2 when sent, if transmitted by fax or email and a successful transmission report or return receipt is generated;

    • 11.2.3 on the fifth business day following mailing, if mailed by AUSPOST

    • 11.3 All notices under these Terms and Conditions must be addressed to the most recent address, email address or fax number notified to the other party.

  • FORCE MAJEURE

    • 12.1 Neither party shall be liable for any failure nor delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question.

  • NO WAIVER

    • 13.1 No waiver by Seller of any breach of these Terms and Conditions by Buyer shall be considered as a waiver of any subsequent breach of the same or any other provision.

  • SEVERANCE

    • 14.1 If one or more of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).

  • LAW & JURISDICTION

    • 15.1 These Terms and Conditions are governed by and interpreted according to Australian law. All disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the Australian courts.

In Australia, our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms and conditions purports to modify or exclude these conditions, warranties and undertakings and other legal rights, under the Australian Competition and Consumer Act and other laws. Any and all other warranties or conditions which are not guaranteed by the Australian consumer law or the competition and consumer regulation 2010 are expressly excluded where permitted, including liability for incidental or consequential damages caused by a breach of any express or implied warranty of condition.

6. LINKED SITES

Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

7. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website and in all of the material (including all text, graphics, logos, audio and software) made available on this website (Content). 

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third-party licensors.

Any reproduction or redistribution of this website or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited. 

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

8. NO COMMERCIAL USE

This website is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website. You may not use this website, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

9. UNACCEPTABLE ACTIVITY

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:

  • any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

  • using this website to defame or libel us, our employees or other individuals;

  • uploading files that contain viruses that may cause damage to our property or the property of other individuals;

  • posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

10. WARRANTIES AND DISCLAIMERS

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website, any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

11. LIABILITY

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we 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 our website and/or the information or materials contained on it, or as a result of the inaccessibility of this website and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date.

12. JURISDICTION AND GOVERNING LAW

Your use of the website and these Terms are governed by the law of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.