1. About the Application
1.1 Welcome to MVP – My Victory Pathway (the Application). The Application provides wellbeing tools, journaling features, sports‑related goals, motivational content, online sporting keepsakes, and other features designed to support young athletes and their families (the Services).
1.2 The Application is operated by My Victory Pathway Pty Ltd (ABN 98 960 502 094) (MVP, we, us). By downloading, accessing, or using the Application, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must stop using the Application immediately.
1.3 MVP may update these Terms from time to time. When changes are made, we will take reasonable steps to notify you. Updated Terms take effect immediately upon publication.
2. Acceptance of the Terms
You accept these Terms by using the Application or by selecting “I agree” where this option is presented.
3. Registration and User Accounts
3.1 Certain features require you to create an account (Account).
3.2 During registration or continued use, you may be asked to provide personal information such as:
• Email address
• Preferred username
• Parent/guardian contact details (where applicable)
• Password
3.3 You warrant that all information you provide is accurate, correct, and up to date.
3.4 Once registered, you become a Member and agree to be bound by these Terms.
3.5 Children’s Accounts and Parental Consent You may not use the Services if: (a) you are a child and your parent or legal guardian has not created an account for you and provided the required consent for your use of the Services; or (b) you are under the age at which parental or guardian consent is required under applicable Australian privacy and child‑safety laws and such consent has not been provided; or (c) you are otherwise prohibited from receiving the Services under Australian law or the laws of your country of residence.
3.6 Parents/guardians who create an account for a child:
(a) confirm they are legally authorised to provide consent
(b) accept responsibility for the child’s use of the Application
(c) agree to supervise and manage the child’s account as required.
4. Your Obligations as a Member
As a Member, you agree that:
(a) You will use the Application only for lawful purposes and in accordance with these Terms.
(b) You are responsible for maintaining the confidentiality of your login details.
(c) You will notify MVP immediately of any unauthorised use of your Account.
(d) Your access is non‑transferable and for personal use only.
(e) You will not use the Application for commercial purposes unless expressly approved by MVP.
(f) You will not collect information from other Members or use the Application for unsolicited communication.
(g) MVP may remove inappropriate content or activity without notice.
(h) Automated or malicious use of the Application is prohibited.
5. Payment (If Applicable)
5.1 Some features may require payment (Service Fees).
5.2 Payments are processed through approved third‑party providers. By making a payment, you agree to the provider’s terms.
5.3 If a payment is declined, you are responsible for any associated fees.
5.4 MVP may vary Service Fees at any time.
6. Refund Policy
Refunds may be provided if MVP is unable to continue offering the Services or if MVP determines, at its discretion, that a refund is reasonable in the circumstances.
7. Intellectual Property
7.1 All content within the Application — including text, graphics, logos, icons, images, audio, video, code, and design — is owned or licensed by MVP and protected by copyright laws.
7.2 MVP grants you a limited, non‑exclusive, revocable licence to: • use the Application in accordance with these Terms • store content in your device’s cache • print pages for personal, non‑commercial use • share photos and achievements to social media.
7.3 Nothing in these Terms transfers ownership of any intellectual property to you.
7.4 You may not reproduce, distribute, modify, or publicly display any part of the Application without prior written permission from MVP.
8. Privacy
Your use of the Application is subject to the MVP – My Victory Pathway Privacy Policy, which explains how we collect, use, and protect your information.
9. Prohibited Activities
You agree not to: • use the Application for illegal or unauthorised purposes • attempt to hack, modify, or disrupt the Application • interfere with other users’ experience • upload harmful, malicious, or inappropriate content
10. Third‑Party Services
The Application may include links or integrations with third‑party services. MVP is not responsible for the content, policies, or practices of those services.
11. General Disclaimer
11.1 Nothing in these Terms excludes rights guaranteed under the Australian Consumer Law.
11.2 To the extent permitted by law: (a) all implied terms are excluded; and (b) MVP is not liable for indirect or consequential loss, loss of profit, or loss of opportunity.
11.3 Use of the Application is at your own risk. The Services are provided “as is” and “as available”.
12. Competitors
Competitors are prohibited from using the Application or accessing its content. MVP may take legal action if this clause is breached.
13. Limitation of Liability
13.1 MVP’s total liability is limited to re‑supplying the Services.
13.2 MVP is not liable for any direct or indirect damages arising from your use of the Application.
14. Termination
14.1 These Terms remain in effect until terminated by you or MVP.
14.2 You may terminate by ceasing use of the Application.
14.3 MVP may terminate your access if: (a) you breach these Terms; (b) required by law; or (c) the Services are no longer commercially viable.
14.4 MVP may suspend or cancel your membership without notice if your conduct impacts MVP’s reputation or violates the rights of others.
15. Indemnity
You agree to indemnify MVP against any claims, losses, or damages arising from: (a) your content; (b) your use of the Application; (c) your breach of these Terms.
16. Dispute Resolution
16.1 Parties must attempt to resolve disputes through negotiation before commencing legal proceedings.
16.2 A party claiming a dispute must provide written notice outlining the issue and desired outcome.
16.3 If unresolved within 14 days, the parties must attempt mediation.
16.4 All negotiations are confidential.
16.5 If mediation does not resolve the dispute within two weeks, either party may terminate the mediation.
17. Child Safety & Reporting
17.1 MVP is committed to providing a safe and supportive environment for children and young people.
17.2 Parents/guardians are responsible for supervising their child’s use of the Application.
17.3 Any child‑safety concerns must be reported to MVP immediately.
17.4 MVP may remove content, suspend accounts, or notify authorities where required.
17.5 Bullying, harassment, exploitation, or harmful behaviour is strictly prohibited.
18. Venue and Jurisdiction
These Terms are governed by the laws of Australia. Any disputes arising in connection with the Application or the Services must be resolved in the courts of Queensland, Australia.
19. Governing Law
These Terms are governed by the laws of Australia, without regard to conflict‑of‑law principles.
20. International Use
The Application may be accessed from countries outside Australia. MVP makes no representation that the Services are appropriate, available, or compliant with laws outside Australia. If you access the Application from outside Australia, you do so at your own risk and are responsible for complying with local laws.
21. Local Law Compliance
You are responsible for ensuring that your use of the Application complies with all laws applicable in your location. MVP is not liable for any consequence arising from your failure to comply with local laws.
22. Independent Legal Advice
Both parties acknowledge that these Terms are fair and reasonable and that each party has had the opportunity to obtain independent legal advice.
23. Severance
If any part of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.
24. Contact Us
If you have any questions about these Terms, the Application, child safety, privacy, or any other matter, you may contact MVP – My Victory Pathway using the details below:
My Victory Pathway Pty Ltd Email: admin@mvp-app.com Website: www.mvp-app.com
MVP will take reasonable steps to respond to all enquiries within a reasonable timeframe.
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