Movement Care – List of Common Definitions

This document may be varied from time to time without further notice. The latest version will be published on the Movement Care Website.

1. GENERAL

1.1 This List of Common Definitions provides definitions used in each of the following Movement Care documents:

  • (a) User Terms;

  • (b) Enterprise Licence Agreement;

  • (c) Publisher Terms;

  • (d) Enterprise Services Agreement;

  • (e) Acceptable Use Policy;

  • (f) Privacy Policy;

  • (g) Strategic Partnership Agreement;

  • (h) Referral Terms & Conditions; and

  • (i) any other Movement Care document, agreement, or policy that references this List of Common Definitions.

1.2 In the documents listed in 1.1 above, unless the context otherwise requires in that document, or as otherwise specified in that particular document, the definitions in this List of Common Definitions will apply.

1.3 If there is any inconsistency between a document listed in 1.1 and this List of Common Definitions, the document listed in 1.1 will prevail to the extent of any inconsistency.

1.4 This document may be varied by Movement Care from time to time without further notice to you.

2. COMMON DEFINITIONS

2.1 These terms have the following meanings:

  • Access Code: A unique login name and password which enables a User or Enterprise to access and use the Movement Care System.

  • Access Expiry Date: In respect of a Sub-licence of a Course or Playlist:

    • (a) For a User, where that Sub-licence is on a One Time Licence basis, the date which is the number of months (as specified on the Website) after the Access Start Date;

    • (b) For a User, where that Sub-licence is on a Subscription Basis, the date one month after the Access Start Date;

    • (c) For an Enterprise, the date on which the Plan Period during which that Sub-licence for that Course or Playlist was added or was renewed, expires in accordance with the Enterprise Licence Agreement.

  • Access Period: In respect of a Sub-licence of a Course or Playlist, the period commencing on the Access Start Date and expiring on the Access Expiry Date.

  • Access Start Date: In respect of a Sub-licence of a Course or Playlist:

    • (a) For a User or Enterprise for the initial Sub-licence of that Course or Playlist, the date on which the User or Enterprise adds that Sub-licence of a Course or Playlist to their plan pursuant to the User Terms or Enterprise Licence Agreement (as the case may be); or

    • (b) For a User or Enterprise where a Sub-licence is renewed pursuant to the User Terms or Enterprise Agreement (as the case may be), the date on which the Sub-licence renews.

  • Business Day: A day on which banks are open for business in New South Wales, Australia.

  • Cancellation Date: In respect of a Sub-licence of a Course or Playlist, the cancellation date determined by Movement Care and notified to the Publisher or User (as the case may be), being either the date on which the Access Period for that Sub-licence expires or such other earlier date.

  • Course: A training course owned or licensed to Movement Care and made available to be sub-licensed through the Movement Care Marketplace.

  • Course Participant: In respect of a Course, a User who is granted access and use of that Course pursuant to a Sub-licence and is enrolled in and/or is undertaking that Course and/or is completing any certification pursuant to that Course.

  • Customisation: A modification, customisation, or configuration of the Enterprise Platform developed from the provision of the Enterprise Services provided pursuant to an Enterprise Services Agreement.

  • Enterprise: A business entity that has entered into an Enterprise Licence Agreement, and such Enterprise Licence Agreement is still in effect.

  • Enterprise Connection: In relation to a User, an Enterprise who is authorised by that User to access and use the User Platform of that User.

  • Enterprise Content: Information regarding an Enterprise, and learning and communication resources and courseware, owned or licensed to an Enterprise (excluding the Marketplace Content) uploaded to the Enterprise’s Platform by the Enterprise pursuant to clause 4 of an Enterprise Licence Agreement.

  • Enterprise Licence Agreement: A separate and independent written agreement between Movement Care and a business pursuant to which Movement Care grants that business a licence to access and use the Movement Care Platform as an “Enterprise.”

  • Enterprise Platform: That part of the Movement Care Platform which has been made accessible by Movement Care to an Enterprise to be administered by that Enterprise, as customised by Customisations provided by Movement Care to the Enterprise from time to time.

  • Enterprise Services: Services associated with the Movement Care Platform, Enterprise Platform, and/or Movement Care Marketplace, offered by Movement Care to Enterprises from time to time, including but not limited to development of a Customisation, setup of the Enterprise Platform, consulting, implementation, content development, and training.

  • Enterprise Services Agreement: A separate and independent agreement entered into by Movement Care and an Enterprise pursuant to which Movement Care agrees to provide Enterprise Services to that Enterprise.

  • Help Guides: The guides provided by Movement Care to be used by the Enterprise and/or Users which set out the manner of operation, functional specifications, and/or the use of the Movement Care System and other matters related to the Movement Care System.

  • Intellectual Property Rights: Includes, but is not limited to, all existing and future rights in patents, designs, copyright, know-how, moral rights, trade secrets, confidential information, trademarks, service marks, trade names, circuit layouts, goodwill, and all other similar rights.

  • Movement Care: Movement Care Pty Ltd (ABN XX XXX XXX XXX) of [Insert Address].

  • Movement Care Marketplace: A part of the Movement Care Platform where Courses and Playlists are published by Movement Care and/or Publishers and made available to be sub-licensed by Movement Care to Users and Enterprises.

  • Movement Care Profile: A personal record of a User which provides information regarding that User’s learning.

  • Movement Care Platform: The “software as a service” online learning and communications platform known as the “Movement Care Platform” comprising Enterprise Platforms, User Platforms, the Movement Care Marketplace, Movement Care Profiles, and other related services and technology.

  • Movement Care System: The system involving the provision of any or all of the Movement Care Platform, Enterprise Platforms, User Platforms, Movement Care Marketplace, Help Guides, Access Codes, Marketplace Content, Enterprise Content, User Content, and Movement Care Profiles.

  • Marketplace Content: The Courses and Playlists.

  • Month: A period of one month (not a calendar month).

  • Monthly Content Fee (Enterprise): In respect of a Course or Playlist:

    • (a) The monthly fee for an Enterprise for that Course or Playlist for the number of User Connections on an Enterprise’s plan, as specified on the Website;

    • (b) Where an Enterprise is on a Custom Plan, the monthly fee for an Enterprise for that Course or Playlist for the number of User Connections on that Enterprise’s plan, as specified in the Custom Plan; or

    • (c) Such other monthly fee for an Enterprise for that Course or Playlist for such other number of User Connections as agreed by Movement Care and an Enterprise in writing.

  • Monthly Content Fee (User): In respect of a Course or Playlist:

    • (a) The monthly fee for a User for that Course or Playlist, as specified on the Website; or

    • (b) Such other monthly fee for a User for that Course or Playlist as agreed by Movement Care and a User in writing.

  • One Time Fee: In respect of a Course, the fee for a Sub-licence on a One Time Licence Basis, as specified for that Course on the Website.

  • One Time Licence Basis: In respect of a Sub-licence of a Course to a User, that the Sub-licence will only be for one period and will not automatically renew.

  • Personal Information: Names, contact information, and other personal information of individuals.

  • Plan Period: Has the meaning in respect of an Enterprise, as stated in the Enterprise Licence Agreement for that Enterprise.

  • Playlist: A group of Courses owned or licensed to Movement Care and curated by Movement Care, an Enterprise, or a User into one “playlist,” and made available to be sub-licensed through the Movement Care Marketplace.

  • Publisher: An Enterprise or User who has become a “Publisher” pursuant to the Publisher Terms, and such Publisher Terms are still in effect.

  • Publisher Services: Services associated with the Movement Care Platform and/or Movement Care Marketplace, offered by Movement Care to Publishers from time to time.

  • Publisher Terms: A separate and independent agreement entered into by Movement Care and an Enterprise or User pursuant to which the Enterprise or User agrees to be a “Publisher” in the Movement Care Marketplace.

  • Related Entity: Has the meaning given to it in the Corporations Act 2001 (Cth).

  • Strategic Partnership Agreement: A separate and independent agreement entered into by the Enterprise and Movement Care pursuant to which Movement Care agrees to form a strategic partnership with the Enterprise.

  • Sub-licence: In respect of a Course or Playlist, a sub-licence from Movement Care to a User pursuant to the User Terms, or to an Enterprise pursuant to an Enterprise Licence Agreement, whereby Movement Care grants:

    • (a) In the case of a User, that User a licence to access and use that Course or Playlist as a “Course Participant”; or

    • (b) In the case of an Enterprise, that Enterprise a licence to authorise any or all of its User Connections to access and use that Course or Playlist as “Course Participants.”