Terms & Conditions
We, Morph Performance Pty. Ltd., own and operate this online platform (“Reactor”) on the company website (the “Company Site”).
Please read these Terms and Conditions carefully as they govern your registration for the use of Reactor and your access to and the use of Reactor and any of the services we make available on Reactor (the “Services”). If you do not agree to these Terms and Conditions, please do not tick the “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS” box on the registration form, and you will not be registered as a user and you are not permitted to access or use Reactor or any of the Services.
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Use of The Reactor
Reactor and the Services are provided to you for your personal use, subject to these Terms and Conditions. You agree that these Terms and Conditions constitute a legal agreement between you and us governing your registration as a user and your access to and use of Reactor and any of the Services. By ticking the “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS” box on the registration form, you acknowledge that you have read and accept and agree to be bound by these Terms and Conditions, and that we extend to you a limited, non-exclusive and non-transferable licence to access and use Reactor and/or the Services subject to these Terms and Conditions.
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USE OF REACTOR
Reactor and the Services are provided to you for your personal use, subject to these Terms and Conditions. You agree that these Terms and Conditions constitute a legal agreement between you and us governing your registration as a user and your access to and use of Reactor and any of the Services. By ticking the “I HAVE READ AND ACCEPT THE TERMS AND CONDITIONS” box on the registration form, you acknowledge that you have read and accept and agree to be bound by these Terms and Conditions, and that we extend to you a limited, non-exclusive and non-transferable licence to access and use Reactor and/or the Services subject to these Terms and Conditions.
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AMENDMENTS
- Your access to and use of Reactor and any of the Services shall be governed by the latest version of the applicable Terms and Conditions on Reactor. We may, at our absolute discretion, modify these Terms and Conditions at any time and from time to time. Such modifications shall be effective immediately upon posting of the modified terms on Reactor. If we make material changes to these Terms and Conditions, we will notify you via a suitable announcement on Reactor and/or by way of e-mail. If you do not wish to accept the modified Terms and Conditions, please do not continue to use Reactor. Your continued access to or use of Reactor and any of the Services shall be deemed to be your conclusive acceptance of such modified Terms and Conditions.
- We encourage you to check these Terms and Conditions on Reactor periodically for the latest version.
- Your access to and use of Reactor and any of the Services shall be governed by the latest version of the applicable Terms and Conditions on Reactor. We may, at our absolute discretion, modify these Terms and Conditions at any time and from time to time. Such modifications shall be effective immediately upon posting of the modified terms on Reactor. If we make material changes to these Terms and Conditions, we will notify you via a suitable announcement on Reactor and/or by way of e-mail. If you do not wish to accept the modified Terms and Conditions, please do not continue to use Reactor. Your continued access to or use of Reactor and any of the Services shall be deemed to be your conclusive acceptance of such modified Terms and Conditions.
- We encourage you to check these Terms and Conditions on Reactor periodically for the latest version.
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REGISTRATION
- To register to access and use Reactor and any of the Services, you must be at least eighteen (18) years of age.
- You must ensure that the details you provide during registration are genuine, accurate and complete. You are responsible for the continued accuracy of your details. If there are changes to your details, please update them promptly at the profile page on Reactor so that we can communicate with you effectively.
- When you register to access and use Reactor and any of the Services, you will be asked to create an account by providing your name and e-mail address. Your e-mail address will be your username on Reactor. You agree to be responsible for all activities which occur using your account and/or username. Without prejudice to the generality of the foregoing, you shall be personally responsible and liable for any access to and use of Reactor and any of the Services through your username and password, notwithstanding that it may have been used by any other person without your knowledge or authority. For security reasons, we encourage you to keep your password confidential and to change your password frequently.
- You shall not disclose to any person your username or password and shall not permit or authorise any person to use your username or password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your username and password against misuse by third parties.
- If you suspect any unauthorized use of your account or any other breach of security, please notify us immediately.
- If we have reason to believe that there is likely to be a breach of security or misuse of Reactor, we may suspend your account or require you to change your password.
- You shall not access or attempt to access a user account that you are not authorised to access.
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PURCHASE AND PAYMENT OF SERVICES
- Full access to and use of Reactor and the Services shall be granted only to persons who have purchased a subscription or persons who are affiliated to a corporate subscriber.
- We may, at our discretion, allow customers who have undertaken a test at one of our fitness labs to be temporary subscribers with limited access to Reactor and some of the Services. To be granted full access to and use of Reactor and the Services, such temporary customers must purchase a subscription.
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Subscription
Full access to and use of Reactor and the Services will be made available to you provided that you hold a valid account on Reactor and we have received payment of the relevant subscription fee (“Subscription Fee”). - Access to and use of Reactor and the Services will only be made available to you for the duration of your subscription period. Access to and use of Reactor and the Services in the remaining months in any training plan (outside of your subscription period) will only be made available to you upon your continued payment of the Subscription Fee. We reserve the right to terminate your access to and use of Reactor and the Services, even if your training plan has not been completed, if we do not receive payment of the relevant Subscription Fees upon expiry of the relevant subscription period.
- We reserve the right to revise the Subscription Fees from time to time. Such fee revision will be notified to you via a suitable announcement on Reactor and/or by way of e-mail.
- The Services are provided for non-commercial and personal use only. We reserve the right to refuse subscription order(s) from individuals or business entities who we believe are purchasing the Services for commercial reasons. The reselling of the Services is strictly prohibited, unless such reselling is with our prior written consent.
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Payment of Subscription Fee
Subject to Clause 4.8, once your subscription period expires, your subscription to the Services will be automatically renewed for another period of the same duration and the applicable Subscription Fees will automatically be charged to your credit card via the relevant payment gateway. Should there be any change to your credit card details, please update your credit card details on Reactor before the expiry of the existing subscription period. - You may, at any time during your subscription period, elect to change your subscription plan for the following subscription period by notifying us via Reactor. Upon such notification, once your existing subscription period expires, your subscription to the Services will be renewed for such subscription period as may be elected by you and the applicable Subscription Fees will be charged to your credit card via the relevant payment gateway. Payment of the Subscription Fees will be processed through the ChargeBee (or a similar payment gateway) and are subject to the terms and conditions of that payment gateway. As such, we do not have records or access to your credit card and other financial details. We will not be liable for any loss or damage you may suffer arising from your use of this payment method.
- The Subscription Fees are non-refundable, except as expressly set out in these Terms and Conditions.
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ACKNOWLEDGEMENT & RELEASE OF LIABILITY
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By accessing or using Reactor and/or any of the Services, you acknowledge that:
- exercise, athletic training, racing and fitness activities and programs, including the use of exercise and training equipment, are potentially hazardous activities and may involve a risk of injury or death. By accessing Reactor and using materials provided to you through Reactor (including tests, training methods and dietary information), you do so voluntarily at your own risk and with knowledge of the risks and dangers involved. To the extent permitted by applicable law, you agree to expressly assume and accept any and all risk of injury, illness or death arising from such use;
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we do not represent or warrant that:
- your access to and use of Reactor or any of the Services will meet your requirements;
- Reactor or any of the Services will always be available or accessible;
- your access to and use of Reactor or any of the Services will always be uninterrupted, timely, secure, error-free or virus-free, or free from other invasive or damaging code; or
- any errors in Reactor or any of the Services will be corrected;
- you are required to be physically sound and suffering from no condition, impairment, disease or other illness that would prevent you from participating in exercise, athletic training, racing and fitness activities and programs or using exercise and training equipment;
- you are responsible for seeking advice from a healthcare professional before participating in any exercise, athletic training, racing and fitness activity or program or in the use of exercise and training equipment. You should be mindful of your current health and any restrictions that are appropriate for you. The information and materials made available to you on Reactor do not substitute specific advice from qualified healthcare professionals. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time; and
- results may vary on different individuals. We make no representation or warranty regarding the results you will or may achieve from any of the Services we provide to you.
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By accessing or using Reactor and/or any of the Services, you acknowledge that:
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PERMITTED USE OF REACTOR AND THE SERVICES
- By registering to access and use Reactor and/or any of the Services, you agree to only access and use Reactor and/or the Services in a proper manner as set out in these Terms and Conditions.
- You may submit any content, information or material (“User Generated Content”) for inclusion on Reactor and via communication tools that are made available through Reactor. While we do not control the submission of any User Generated Content, we do reserve the right to delete, move and edit any unsuitable User Generated Content.
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You are solely responsible for any User Generated Content you submit to Reactor. By submitting any User Generated Content, you represent and warrant that:
- you understand that any User Generated Content that you post on Reactor in areas that are available to other subscribers becomes public information;
- you are authorized and permitted to submit the User Generated Content to Reactor;
- the User Generated Content does not advertise or promote any goods or services of any third party;
- the User Generated Content does not reveal any confidential information of any third party;
- the User Generated Content does not contain or link to any unlawful, threatening, abusive, defamatory or indecent material or material which is deliberately intended to upset other users or against public policy;
- the User Generated Content does not contain any material which infringe the intellectual property or other rights of any person;
- the User Generated Content does not contain viruses or any other similarly harmful or contaminating components;
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you will not:
- post any User Generated Content which is unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
- engage in any activity that bullies, intimidates, harasses, humiliates or demeans any other person;
- post any unauthorized commercial communications for advertising purposes, including spam;
- transmit User Generated Content that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
- undermine the security and integrity of Reactor, including attempting to gain unauthorized access to any materials other than those to which you have been given express permission to access; or
- interfere with any other person’s use or enjoyment of Reactor; and
- to the extent permitted by applicable law, you will be responsible for any and all of our losses arising out of any breach by you of any of the above provisions.
- By submitting any User Generated Content to Reactor, you grant to us a perpetual, royalty-free, free of charge, worldwide, irrevocable, non-exclusive and fully sub-licensable right to use, reproduce, modify, adapt, communicate to the public, make available, publish, translate, copy, modify, adapt, create derivative works of, distribute, and display such User Generated Content by all means and in any media now known or hereafter developed, both on Reactor and other online locations, and in other forms or media off the Internet.
- You also grant to us the right to use your name in connection with the submitted content, information and material as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your communications with us. You hereby waive any moral rights you might have with respect to any User Generated Content you submit to Reactor.
- Reactor contains content, information and material submitted by users over which we have no control and we are not responsible for any liability or consequences arising from such content, information and material. We do not promise the accuracy, integrity or quality of the content, information and material supplied to Reactor or endorse the views of such content, information and material.
- Reactor may provide features that allow you to share certain content, information and/or material from your account on Reactor with others on Reactor and/or third party websites via a “Share” button on the relevant page. You are responsible for any information you choose to share in such instances. As any information that you submit in such instances becomes public information, please consider carefully what you choose to share. The sharing of any content and/or information which does not have a “Share” button on the relevant page is prohibited. We will not be responsible for any consequences arising from your submission of any information using the “Share” button.
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OUR RIGHT TO SUSPEND OR CANCEL YOUR ACCESS TO AND USE OF REACTOR AND THE SERVICES
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We are entitled to suspend (indefinitely or for such period as we may consider appropriate) or terminate your access to and use of Reactor and/or any or all of the Services immediately by written notice to you if:
- you have, or if we have reason to believe that you have, committed a breach of any of the provisions in these Terms and Conditions (including Clause 6.3);
- we do not receive payment of the relevant Subscription Fees upon the expiry of the relevant subscription period;
- you become bankrupt; or
- your user account is inactive for a period of 24 months or more.
- You may terminate your access to and use of Reactor and the Services by notifying us via Reactor prior to the expiry of the relevant subscription period, following which you shall be entitled to access and use Reactor and the Services up to the last day of such subscription period. Following the expiry of such subscription period, you shall immediately cease all access to and use of Reactor and the Services and will cease to have any rights and benefits as a user.
- In the event of a suspension or termination under Clause 7.1, we will not reimburse or refund to you any Subscription Fees already paid to us.
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We are entitled to suspend (indefinitely or for such period as we may consider appropriate) or terminate your access to and use of Reactor and/or any or all of the Services immediately by written notice to you if:
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AVAILABILITY OF REACTOR AND SERVICES
- Although we aim to offer you the best service possible, we make no representation or warranty that Reactor and/or the Services will meet your requirements. Due to the nature of the Internet, we cannot promise that your access to and use of Reactor and/or the Services will be completely free from interruption, third party interception or viruses.
- At any point in time, Reactor will only support one (1) training plan per registered account. Once that training plan is completed or reset by you, all information relating to that training plan (including all training recordings and notes in Reactor training log relating to that training plan) will cease to be accessible or made available through Reactor.
- We continually seek to improve Reactor and the Services and may make improvements to any part of Reactor and/or Services from time to time. Your access to and use of Reactor and/or the Services may be occasionally restricted without prior notice to you to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore your access to and use of Reactor and/or the Services as soon as we reasonably can.
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DISCLAIMER OF THE COMPANY’S LIABILITY
- All information provided by us on Reactor is provided in good faith. From time to time, we may provide content from other Internet sites or resources. While we use reasonable efforts to ensure that material included on Reactor is correct, reputable and of high quality, we do not make any representation or warranty in relation to such content.
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To the extent permitted by law, in no event will we, our officers, employees or agents, be liable to you for any direct, indirect, special, incidental or consequential injury, loss or damage which may be suffered or incurred by you or asserted against us by any person, firm or entity whatsoever, in connection with or arising out of:
- your access to or use of, or any inability to access or use, Reactor and/or any of the Services or any linked website; or
- your reliance on any content or material obtained from or through Reactor or any of the Services.
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If, notwithstanding the provisions of Clause 9.2, we are held to be liable to you for any injury, loss or damage, whether in contract or tort (including negligence or breach of statutory duty) or otherwise in connection with or arising out of these Terms and Conditions or your access to or use of Reactor and/or any of the Services:
- we will only be responsible for any direct injury, loss or damage that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use Reactor;
- we will not be liable for any indirect, special, incidental or consequential injury, loss or damage (including any loss of profits, revenue, business, goodwill, anticipated savings or data or business interruption); and
- our aggregate liability to you shall in no event exceed AUD$500.
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THIRD PARTY CONTENT AND WEBSITES
As a convenience to you, Reactor may include links to other websites or materials which are beyond our control. We do not accept responsibility for any loss, damage or consequences, however caused, which you may directly or indirectly suffer in connection with or arising from your access to and use of information from content provided on a third party website.
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PRIVACY POLICY
We may collect, use and disclose your personal information solely to provide you with the Services or to inform you of our products and services. For the full terms of our Privacy Policy, please click here.
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INTELLECTUAL PROPERTY
- All trademarks, tradenames, logos and service marks appearing on Reactor and in the content in the Services (including our name or any of our trademarks) belong to us or our content providers. Nothing in these Terms and Conditions shall be construed as granting you, by implication, estoppel or otherwise, any licence or right to use the trademarks, tradenames, logos or service marks appearing on Reactor or in the content in the Services without our prior written consent and/or the prior written consent of our content providers. You may not, without our prior written consent, use any such trademarks, tradenames, logos or service marks as a hyperlink to Reactor or any of the Services or any other website. Any rights not expressly granted herein are reserved.
- All content in Reactor and the Services is provided by us and our content providers and the intellectual property rights to or over the content in Reactor and the Services belong to us and/or our content providers. All rights are reserved. You may retrieve and display the content of Reactor and the Services on a computer screen and/or the screen of a portable device or print a copy of such content for your own personal, non-commercial use, provided you keep intact all copyright and proprietary notices. The content in Reactor and the Services cannot otherwise be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means including but not limited to electronic, mechanical photocopying or recording without our prior written permission. In addition, you agree that the content in Reactor and the Services may not be used for commercial purposes or distributed commercially.
- You may not, or attempt or assist another person to, modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code, the computer systems and other technology that operate Reactor or any of the Services or create derivative works based on Reactor or any of the Services. For the purposes of these Terms and Conditions, "reverse engineering" shall include the examination or analysis of Reactor or any of the Services to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of Reactor or any of the Services (as the case may be).
- You agree not to remove any copyright or other proprietary notices if you download or print any content on Reactor or which is otherwise made available to you through your access to and use of the Services.
- You shall not and shall not attempt to violate, tamper with or circumvent any security measures, encryption codes or technological protection measures in or used in connection with the content on Reactor or otherwise engage in any illegal activity in relation to Reactor, or enable or assist any person to do so.
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ADVERTISING AND SPONSORSHIP
Reactor may contain advertising and sponsorship materials. Advertisers and sponsors are responsible for ensuring that materials submitted for inclusion on Reactor comply with all relevant laws and regulations. We will not be responsible for any error or inaccuracy in such advertising and sponsorship materials.
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APPLICABLE LAW
These Terms and Conditions are governed by the laws of Australia. You agree to be subject to the non-exclusive jurisdiction of the courts of Australia.
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INTERNATIONAL USE
We make no promise that materials on Reactor are appropriate or legal for use in locations outside of Australia. If you choose to access Reactor from locations outside of Australia, you do so on your own initiative and at your own risk.
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INDEMNITY
To the extent permitted by applicable law, you agree to indemnify us and our officers, employees or agents, from and against all claims, losses, expenses, damages and costs (including reasonable legal fees) suffered or incurred by us arising from your breach of any provision of these Terms and Conditions and/or your use of Reactor.
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MISCELLANEOUS
- You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another entity where we reasonably believe your rights will not be affected.
- If any provision of these Terms and Conditions is held by court to be contrary to law, then such provision shall be interpreted to reflect the intention of the parties and shall not affect the enforceability of the remaining provisions.
- If you breach these Terms and Conditions and we choose not to take any action against you immediately, we will still be entitled to enforce our rights and remedies at a later date and in any other occasion of your breach of the Terms and Conditions.
- We will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond our reasonable control.
- The Company Site and Reactor are owned and operated by Morph Performance Pty. Ltd. (ABN: 53 602 745 746) having its registered address at Sydney Academy of Sport & Recreation,1 Wakehurst Parkway Narrabeen NSW 2101, Australia
- If you have any queries please contact help@morphperformance.com.
Privacy Statement
This privacy policy (Policy) describes how Morph Performance Pty. Ltd., ACN 602 745 746 (Morph Performance) manages personal information.
This policy has been formulated in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act). The APPs regulate the handling of personal information including its collection, handling, use, disclosure and storage.
General scope of Privacy Policy
This policy applies to any customer, user, or other person (the User, Users, or You) who employ or access this online platform (“Reactor”) or any other Morph Performance product, service, feature, user-generated and other Morph Performance generated content and interactive and informational resources or promotional offers (collectively, the Services). In addition, this Policy directly applies only to the personal information and location information that a User discloses or transmits to Morph Performance via Reactor or that is collected by Morph Performance in the course of the provision of the Services
What is Personal Information?
Personal information means information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether true or not and whether recorded in a material form or not (Personal Information). Morph Performance will collect and use certain Personal Information about you during the course of your relationship with Morph Performance. This Policy explains how we may collect, use and disclose this information.
Your consent to the terms of this Privacy Policy
By providing us with Personal Information or through your use of Reactor, you agree with the terms of this Policy. Whenever you submit Personal Information to us, you consent to the collection, handling, use, disclosure and storage of that personal information in accordance with this Policy and the Privacy Act (including the APPs). If a User does not consent to the collection, use and disclosure of his or her Personal Information or location as described in this Policy, he or she is not permitted to use Reactor.
Morph Performance Consent Protocol
Morph Performance processes Personal Information on our servers in Australia. In some cases, we process Personal Information on a server outside of a given User’s country. In particular, Morph Performance may rely on servers located in multiple available zones with Amazon Web Services. Consequently, you should be aware that your personal information is likely to be disclosed to overseas recipients in Amazon Web Services. In some cases, we process Personal Information on a server outside of a given User’s country. In addition we may process some Personal Information to provide our own Services, and/or on behalf of and according to the instructions of a third party, such as our advertising partners.
Incorporation into Terms and Conditions of Use
This Policy is incorporated into and is subject to the Morph Performance Terms and Conditions. A User’s use of the Services and his or her provision of any Personal Information or location information to Morph Performance are subject to the terms of this Policy and the Terms and Conditions of Use.
If a User has any questions about this Policy, he or she may contact us by email at help@morphperformance.com.
What kinds of Personal Information do we collect about you and how is it collected and held?
Morph Performance collects Personal Information in order to provide personalised product and information services.
The type of Personal Information we collect may include your name, address, telephone numbers, e-mail address, what Services you use, and when you use them, location information, information on how you use our Services and how much you spend, information on your browsing activity when visiting Reactor, and personal preferences regarding the use of our Services. We do not expect to collect “sensitive information” (such as information about your health) from you, however if we do then such information will be treated in accordance with the relevant rules and requirements of the Privacy Act.
We will collect the Personal Information directly from you at the time you ask us to provide you with information, or if you access Reactor or the Services that we provide.
If you browse our website, our internet service provider logs the following information:
- your server (IP) address and top level domain name
- the date and time of your website visit;
- the country that your server is located;
- the pages that you looked at;
- the type of browser you used;
- the previous site you visited; and
- the site you visited next.
Some of the Services feature or include various location-based components. Location information includes, but is not limited to, any information we derive in order to identify a User’s geographic position. This information may be collected from certain third party service providers that the User previously registered for use with Reactor. A User’s location information, however, is only displayed and shared in accordance with his or her established privacy settings.
We will not use information obtained from your browsing activities to send you any unsolicited information. This information is collected in order to determine the relevancy of material posted on our website and to enhance this service to visitors.
We will take reasonable steps to ensure that the Personal Information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, modification or disclosure.
What Are Cookies
As is common practice with almost all professional websites Reactor uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of Reactors functionality.
How We Use Cookies
We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to Reactor. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser. Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of Reactor. Therefore it is recommended that you do not disable cookies.
Disabling Cookies
You can prevent the setting of cookies by adjusting the settings on your browser. Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of Reactor. Therefore it is recommended that you do not disable cookies.
The Cookies We Set
If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.
We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.
Third Party Cookies
In some cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through Reactor.
Reactor uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use Reactor and ways that we can improve your experience. These cookies may track things such as how long you spend on Reactor and the pages that you visit so we can continue to produce engaging content.
For more information on Google Analytics cookies, see the official Google Analytics page.
More Information
If there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use Reactor. However, if you are still looking for more information then you can contact us via email: help@morphperformance.com
Why is Personal Information collected by Morph Performance?
The Personal Information you provide to Morph Performance will enable us to make offers of products and services to you.
This information helps us develop and make available products to suit your needs. If you do not provide some or all of the information requested, Morph Performance may not be able to provide you with a product or service.
In particular, the Personal Information you provide Morph Performance may be collected, used and disclosed for a number of purposes connected with our business operations, which include:
- Processing your orders or applications;
- Providing you with information, products and/or services requested;
- Telling you about other products or services that may be of interest to you;
- Billing you and/or administering or otherwise managing your account;
- Dealing with requests, enquiries or complaints and other customer service activities;
- Carrying out market and product analysis and marketing products and services;
- Assisting in arrangements with other organisations in relation to the promotion or provision of a product or service;
- Registering your details and allocating or offering you rewards, discounts and/or other benefits and fulfilling any requests or requirements you may have in respect of our loyalty or reward programmes and other similar schemes;
- Purposes relating to any third party acquisition or potential acquisition of an interest in Morph Performance or its assets; and
- Carrying out any activity in connection with a legal, governmental or regulatory requirement that we have to comply with or in connection with legal proceedings, crime or fraud prevention, detection or prosecution, including investigating any fraud, unlawful activity or misconduct.
We may also use your Personal Information for purposes related to those described above which would be reasonably expected by you. For example, we may use your Personal Information to keep you informed about features of our products and services or to conduct analysis in order to provide better customer service.
If you provide information that may be deemed sensitive information for the purpose of Privacy Act 1988 (Cth) Morph Performance will ensure that such information is managed and treated in accordance with the APPs.
How do you access and correct your Personal Information?
Once we have collected your Personal Information, you are entitled under APP 12 to request the details of the information Morph Performance is holding about you. In order to request such information, you need to contact us by letter, email or telephone and outline the nature of your enquiry. Morph Performance will take reasonable steps to let you know, generally, what sort of Personal Information we hold, for what purposes and how we collect, use and disclose that information.
Upon your request, Morph Performance will also provide access to your Personal Information we hold, except in certain prescribed circumstances, including emergency situations, specified business imperatives and law enforcement or other public interests.
We will endeavour to keep and maintain the data held by us as accurate, complete, relevant and up to date as possible. It is important that the information that we hold about you is up to date. You must let us know if information that you have provided to us has changed.
The APPs also give you a right to request correction of your Personal Information. If you establish that Personal Information held by us is not accurate, complete, relevant, up-to-date or is misleading, we will take reasonable steps in accordance with our obligations under the Privacy Act to correct the information so that it is accurate, complete, relevant, up-to-date and not misleading.
If you would like to access or correct your Personal Information, please contact:
The Privacy Officer
Morph Performance
Email: help@morphperformance.com
To opt-out of receiving certain Morph Performance marketing materials, you will need to tell us. To do this please send us and email with “unsubscribe” in the Subject Field to help@morphperformance.com.
Please note that if you have an account with Morph Performance, we will still need to send you essential information about your account.
How can I complain if Morph Performance breaches this Policy or the APPs?
If you have a question, concern or complaint regarding the way in which we handle your Personal Information you should contact us on the details listed above.
You are entitled to lodge a complaint if you believe that we have breached the APPs. If you wish to lodge a complaint with us, you need to write to us setting out the details of your complaint. We will issue you with a response to any complaint within a reasonable time that, if appropriate, will outline the measures that we will take to resolve the complaint.
If you feel that we have not satisfactorily addressed your complaint, you may also make a complaint to the Office of the Australian Information Commissioner by visiting www.oaic.gov.au by writing to GPO Box 2999 Canberra ACT 2601.
Who will Morph Performance share my Personal Information with?
Morph Performance may disclose or receive Personal Information or documents about you to/from:
- Any organisation that is in an arrangement with Morph Performance to jointly offer products and or has an alliance with us to share information for marketing purposes to enable that organisation or us to provide you with products or services or promote a product or service.
- Parties involved in any third party acquisition or potential acquisition of an interest in Morph Performance or its assets;
- Our service providers or agents (some of whom may be overseas) who assist us in providing our services, including organisations that assist us with archival, research, mail and delivery, auditing, consulting, financial and legal advisory, banking, security, storage or technology services;
- Regulatory bodies, government agencies, law enforcement agencies and courts and any organisation that assists Morph Performance to identify, prevent or investigate fraud, unlawful activity or misconduct; and
- Your authorised agents, executor, administrator or trustee in bankruptcy, your legal representative, attorney or anyone acting for you in connection with your account.
Morph Performance will seek your consent to disclose your information to overseas recipients. If you provide this consent, then you should be aware that your rights to make a claim against Morph Performance in relation to any misuse of your personal information by that overseas recipient will be limited. Morph Performance will, however, take reasonable steps to ensure that any overseas recipient does not breach the APPs.
Users of Morph Performance may connect with other Users or third parties (including without limitation coaches) to view or access their account for any purpose, including without limitation, for training purposes. If a User connects with another User, that User may be able to view and/or access their information. By connecting with another User, you explicitly consent to the sharing of your information with that User by Morph Performance.
Morph Performance may combine the personal information and/or the location information that a User submits under his or her account with information from other services or third parties in order to provide that User with an enhanced experience and/or to improve the overall quality of the Services. For certain Services, we may give a User an opportunity to opt-out of the combination of such information.
What about if you use credit cards to purchase goods from Morph Performance?
When you purchase goods or services from Morph Performance, any credit card information you give us to purchase the goods or services is used to process the payment. The original request/application/enrolment form may be stored securely in the Morph Performance office for audit/taxation requirements and to assist individuals who request duplicate information for their own records. These documents are then destroyed. Our database only records that you attended an activity or purchased a service and how much you paid for it. We do not store your credit card details on our database.
Information Security
Morph Performance takes appropriate measures to protect unauthorised access to, or unauthorised alteration, disclosure or destruction of, the Personal Information and location information transmitted or disclosed to Morph Performance. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where User data is collected, stored, and/or maintained. Morph Performance requires that when a User logs in to Reactor, a secure connection between the User’s computer and our server be established. Morph Performance therefore cannot warrant or ensure the security of any Personal Information and location information that we receive on behalf of Users in order to permit them to access the Services, or any other information a that a User transmits, shares or discloses to Morph Performance. For improved security we recommend that Users use the https:// prefix when using our services. Morph Performance uses Secure Socket Layer (SSL) encryption technology – SSL is compatible with most browsers. A secure connection is maintained until a User leaves the secure area of one of the pages on Reactor. Although we use SSL encryption to safeguard the confidentiality of personal information as far as possible, you should be aware that no Internet or e-mail transmission is ever fully secure or error free.
Morph Performance cannot guarantee that information will not be accessed, shared, disclosed, altered, or destroyed by a breach of any of our physical, technical, or other safeguards. Morph Performance recommends that each User take special care in deciding what information is shared, transmitted or disclosed to Morph Performance.
Data integrity
Morph Performance processes User’s Personal Information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review data collection, storage, and processing practices to ensure that we only collect, store and process the Personal Information needed to provide or improve the Services. We take reasonable steps to ensure that the Personal Information we process is accurate, complete, and current, but we depend on our Users to update or correct their Personal Information wherever necessary.
When can we vary this Policy?
From time to time it may be necessary for us to review and amend this Policy. We reserve the right to amend this Policy at any time. You should check our website from time to time for our latest Policy.
A Users’ continued use of the Services constitutes his or her agreement to this Policy and any future revisions. If you have any additional questions or concerns about this Policy, please feel free to contact us any time.