These Terms of Use (“Terms”) govern your access to and use of the One Percent Mvmnt (“OPM”, “we”, “us” or “our”) website, member application and membership. By applying for membership, connecting a service, or using our site, you agree to these Terms. If you do not agree, please do not use OPM.
1. About OPM
OPM is a members-only fitness community and standard. Members earn their place by meeting a recurring activity standard, measured from the fitness data they choose to connect, and qualifying members earn access to exclusive, quarterly member apparel (“drops”).
2. Eligibility
- You must be at least 18 years old to apply for and hold membership.
- You must provide accurate, current and complete information and keep it up to date.
- You are responsible for activity on your account and for keeping your login secure.
3. Applications and membership
Membership is by application and is not guaranteed. Applications are reviewed personally, and acceptance is at our discretion. We may open, close, limit or run membership in cohorts or intakes, and we may decline or revoke membership at our discretion, acting reasonably.
4. The OPM standard
Continued membership and eligibility for a drop depend on meeting the OPM standard — the recurring activity requirement we set and may update from time to time. The standard is assessed from the fitness data you connect. If you do not meet the standard, you may lose your eligibility or your place. The standard and how it is measured are described on the site and within your member account, and we may adjust them to keep the standard fair and workable.
5. Connecting your data
To measure your standard you connect one or more wearables, devices or apps. By connecting a service you authorise us to receive and use the relevant data as described in our Privacy Policy. You are responsible for the accuracy and availability of the data your devices provide; gaps, faults or inaccuracies in third-party data may affect your recorded standard. You can disconnect a service at any time, which may affect your ability to qualify.
6. OPM drops and member apparel
- Drops are issued to qualifying members only and are not sold to the general public.
- Eligibility to receive a drop depends on meeting the standard for the relevant period.
- Pieces are limited, numbered and issued on a members-only basis. They are intended for personal use and are not for commercial resale.
- Designs, availability, sizing and timing may change, and a drop may be substituted or withdrawn where necessary.
7. Payments
Where membership or a drop involves a fee, you agree to the price and billing arrangements presented to you at the time. Payments are processed securely by Stripe. Unless stated otherwise, fees are in Australian dollars. Any cancellation, renewal or refund terms will be made available to you before you pay.
8. Health and fitness disclaimer
9. Acceptable use
You agree not to:
- Provide false information, impersonate anyone, or submit data that is not genuinely yours.
- Manipulate, spoof or falsify device or activity data to meet the standard.
- Resell, transfer or commercially exploit member apparel or membership.
- Interfere with, disrupt or attempt to gain unauthorised access to our site, systems or other members’ accounts.
- Use OPM in any way that breaches any law or these Terms.
10. Intellectual property
The OPM name, logo, apparel designs, site content and materials are owned by us or our licensors and are protected by law. We grant you a limited, personal, non-transferable licence to use the site and your membership for their intended purpose. You may not copy, reproduce or create derivative works from our materials without our permission.
11. Your content
You retain ownership of information and content you submit. You grant us a licence to use it to operate and provide OPM, as described in our Privacy Policy. You are responsible for ensuring you have the right to share anything you provide.
12. Third-party services
OPM relies on third-party services (including wearable providers, our data-integration provider and payment provider). Those services are governed by their own terms, and we are not responsible for their acts, omissions or availability.
13. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or other laws that cannot lawfully be excluded. Where our liability cannot be excluded but can be limited, our liability is limited to the maximum extent permitted by law.
14. Disclaimers and limitation of liability
To the extent permitted by law, OPM and our site are provided “as is” without warranties of any kind, and we do not warrant that the site or standard measurement will be uninterrupted or error-free. To the maximum extent permitted by law, we are not liable for any indirect, incidental or consequential loss, and our total liability arising from your use of OPM is limited to the amount you paid us (if any) in the 12 months before the claim.
15. Suspension and termination
You may stop using OPM at any time. We may suspend or end your membership or access if you breach these Terms, no longer meet the standard, or where reasonably necessary to protect OPM or other members. Provisions that by their nature should survive termination will continue to apply.
16. Changes to these Terms
We may update these Terms from time to time. The current version is always published on this page with its “last updated” date, and your continued use of OPM after changes take effect means you accept them.
17. Governing law
These Terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of the courts of that state.
18. Contact us
Questions about these Terms? Contact us at noexcuses@onepercentmovement.com.au.