The Moment Leader platform (“Moment Leader” or “Platform”) is owned and operated by Moment Leader Holdings Pty Ltd (ACN 664 679 449) of Level 5, 32-36 York Street, Sydney NSW 2000 (“We” or “Us”).
Our mission at Moment Leader is to improve the experience of work and life through everyday moments. We aim to create a supportive space for you to learn, reflect and plan for moments that are important to you.
These Terms of Use (“Terms”) govern our relationship with you, and your rights and obligations when you use Moment Leader, whether on desktop or mobile application. By accessing or using Moment Leader, you agree to be legally bound by the Terms and you acknowledge you have read our Privacy Policy.
If you do not agree to these Terms, please do not access or use Moment Leader.
Registration: To use Moment Leader you will be prompted to create a user account by creating a username and password. When you create an account, you must provide up-to-date, complete and accurate information, and you must update your details if they change.
Your responsibility: You are responsible for maintaining control over access to your account (including the confidentiality of your password). You must not allow others or other systems to access Moment Leader using your account. You are responsible for all activities that occur under your account. We are not responsible for any claim, loss or damage caused by someone else using your password or account. Please notify us immediately if you know of or suspect any unauthorised use of your account.
Cancellation by you: You may cancel your account at any time. Please contact us if you wish to do so.
Cancellation by us: We may cancel or suspend your account, or limit your access to Moment Leader if we determine that you have breached these Terms, have infringed any laws or regulations or the rights of a third party, if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities, or you do not respond to or complete any account verification requests.
Grant of licence: Upon creation of your account, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use and access Moment Leader for your personal use in accordance with these Terms.
Revocation: We may revoke your licence at any time in our sole discretion without notice to you.
Updates: We may change, add or delete any feature or part of Moment Leader at any time without notice to you.
Moment Leader provides tools for better planning, effectiveness and reflection in your personal and professional life. At times our tools may address your thoughts and feelings. The tools are based on research and leading practice, but the advice and prompts provided to you are general in nature. Moment Leader does not diagnose or treat mental health or other medical or psychological conditions, and is not a substitute for professional medical advice. Always seek the guidance of a healthcare professional with any questions you have regarding your health.
We do not accept any liability for injury, loss or damage caused by your use of, or reliance on, any of the Moment Leader content or tools.
What we own: We own or have the right to provide to you all intellectual property rights in the Platform and the content we include in it. This includes the design of the Platform, learning prompts and materials, content, text, images, copyright works, trade marks, logos and trade names. We are proud of Moment Leader and ask that you respect our rights. We will take action to protect our intellectual property rights where necessary.
No ownership by you: Nothing in these Terms grants you or anyone else any ownership rights or interest in the Platform or its content.
Prohibited Conduct: Except to the extent permitted by law, you may not copy, reproduce, distribute, modify or publish any part of Moment Leader in any form without our prior written permission. Specifically, you may not:
An important part of your journey with Moment Leader is that you can record information about yourself, including in relation to your thoughts, feelings, concerns, goals, and intentions (“User Content”). Your User Content will not be visible to any other user of Moment Leader without your consent, and will be collected and stored in accordance with our Privacy Policy and is also subject to the following terms.
Ownership of User Content: You retain all rights in User Content you provide to Moment Leader. You warrant that you have all required rights to submit User Content without infringement of third party rights.
Prohibited User Content: You may not submit User Content which is illegal, indecent, threatening, or defamatory or otherwise objectionable. We may review and remove User Content for any reason at our discretion.
Our use of User Content: You authorise use to access, use, reproduce, adapt, publish, transmit and display your User Content in order to provide our services to you, and as permitted by our Privacy Policy. As mentioned above, other users of Moment Leader will not have access to your User Content unless you consent.
Feedback: We love hearing your feedback. You are not required to provide us with feedback or suggestions but if you do:
No liability: You understand that we do not control, and do not accept any liability in relation to, your User Content or User Content of others.
When accessing and using Moment Leader, you agree that you will comply with all applicable laws and regulations. You must not, and must not allow any other person to:
As is Basis: Moment Leader is provided on an “as is” basis. We do not warrant that the information or tools available on Moment Leader is free of errors.
Availability: While Moment Leader is intended to be available to you at all times, it may become unavailable from time to time as a result of scheduled updates or maintenance, or events beyond our control.
No warranty: To the extent permitted by law, we do not provide any warranty or accept any liability as to:
Limitation of liability: You acknowledge and agree that, to the extent permitted by law, we are not liable in any way for:
Consumer Guarantees: In some countries there may be non-excludable warranties, guarantees or other rights (“non-excludable consumer guarantees”). We do not limit, restrict or exclude any non-excludable consumer guarantees in these Terms. Our liability for breach of a non-excludable consumer guarantee (including under the Australian Competition and Consumer Act 2010 (Cth)) is limited to replacing or paying the cost of replacing the relevant good or service.
Indemnity by you: You indemnify and hold harmless, and keep indemnified and continue to hold harmless, Moment Leader Holdings Pty Ltd against all claims, loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from:
Third party links: Moment Leader may contain links to third party sites or applications (“External Sites”). External Sites are not under our control, and we are not responsible for the content of any External Sites. Where Moment Leader provides links to any External Sites, it does so for your convenience only, and the inclusion of any link does not imply any recommendation or endorsement of the External Sites by us. You visit External Sites entirely at your own risk.
Survival: All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, intellectual property provisions, warranties, disclaimers, and limitations of liability.
No Waiver: If we do not exercise or enforce any legal right or remedy contained in these Terms, this will not operate as a waiver of our rights and that those rights or remedies will still be available to us.
Variation: We may amend or replace these Terms at any time by posting the amended or replacement terms on Moment Leader. The revised version will be effective immediately at the time we post it. Please check these Terms periodically for changes. Your continued use of Moment Leader after posting of the changes constitutes your binding acceptance of such changes. However, if the revised version includes a material change, it will be effective for an existing user on the earlier of: (a) the date you accept it; and (b) 30 days after the material changes are initially posted to Moment Leader.
Severance: If any provision of these Terms is held to be invalid, illegal or unenforceable, such provision which will be severed, and the remaining provisions will continue in full force and effect.
Governing Law: These Terms are governed by and construed in accordance with the laws of NSW, Australia. Both parties submit to the non-exclusive jurisdiction of the courts of NSW and the courts of appeal from them.