Terms & Conditions

AminoActive Australia Terms & Conditions

The following terms and conditions apply to entrants in all the ‘M Challenge’:

1. By clicking "I agree", you agree to be personally bound by these terms and conditions.

2. These terms apply to the use of this Website, including the use of the information services provided through this Website.

3. Upon registration as a member, you will create a username and password for your account. You must not disclose these details to anyone else or allow anyone else to use your account and password. You are entirely responsible for any access to your account, and acknowledge that any access to or use of your account by means of the password associated with that account is deemed to be accessed or used by you. This includes any purchases made through your account.

4. If you breach these terms and conditions, you acknowledge that we may immediately suspend or terminate your account, and take appropriate legal action (if we choose) against you alone. Further, you acknowledge that the M Challenge is entitled to suspend or terminate your use of the Website at any time if the M Challenge considers that you have brought, or may bring, the reputation of the M Challenge or its members into disrepute.

GENERAL

5. The M Challenge is conducted by Hi Performance Health Pty Ltd trading as Aminoactive Australia, 17-19 Ricdanic Drive, Bayswater, Victoria, 3153. ABN 78 006 545 768. Phone: (03) 9720 0993. Facsimile (03) 9729 8261. Email: challenge@aminoactive.com.au (The Promoter).

6. The Challenge is open to people residing in Australia for the duration of the M Challenge and only over the age of 16 years (Private entrant only) and 18 years (Private or Public entrant) at the time. Employees and immediate families of Aminoactive Australia employees are not eligible to enter.

7. Registrations for the M Challenge close at 11.59PM (AEDT or AEDST) on the Sunday prior to the M Challenge start date.

8. Participants must register online at www.mchallenge.com.au.

9. Registrations must be completed in full for the entry to be valid.

10. Only one entry is permitted per person.

11. To be eligible for the optional competition you must choose a PUBLIC profile and select that you wish to enter into the competition before the cut-off date and complete all check-ins throughout the M Challenge.

12. The winners will be determined by a panel of judges selected by the management of AminoActive Australia.

13. The judge's decision will be final and no correspondence will be entered into.

14. The Top 50 transformations as judged will be announced on the Wednesday of the second week after the M Challenge finishes. The Top 50 transformations will be notified via the website www.mchallenge.com.au.

15. The Top 10 transformations will be announced on the Friday of the second week after The Challenge finishes. The Top 10 transformations will be announced live on our FB page. The Top 10 transformations will be posted on the M Challenge website www.mchallenge.com.au

16. All top 10 winners will be notified by email the following Monday regarding their prize.

17. All key dates can be found on the M Challenge website here.

18. Registered participants agree to receive all forms of communications from the M  Challenge administration team if and as required via contact points supplied as part of the registration process. This may include SMS messages, emails, messages sent to participants' personal M Challenge profile page or phone calls if required to advise participants of important information pertinent to their M Challenge or M Challenge activity.

19. Registered M Challenge participants are recommended to use MAX'S and/or Maxine's products during the M Challenge.

20. Competitor products may not be recommended, endorsed or advertised on any of the M Challenge website or social media platforms. We reserve the right to remove any posts or images we deem in breach of this.

21. Registered participants must not use any illegal medications or drugs, including banned substances as defined by WADA during the M Challenge (www.wada-ama.org). Prescription medication is only permitted when prescribed by a health professional for legitimate medical conditions.

22. Participants who have any medical conditions (physical and/or mental) or are taking any medication should check with their health professional before entering and undertaking the M Challenge.

23. Registered participants assume all risk of injury, harm or loss of any kind arising from participation in the M Challenge.

24. By registering for the M Challenge and choosing a PUBLIC profile participants acknowledge that the information and photos provided in their entry forms, blogs and completion forms may be used for marketing, promotional or any other purposes as deemed appropriate by AminoActive Australia.

25. Registered participants are also encouraged to post their profiles on social media websites such as Facebook and Twitter and agree when choosing a PUBLIC profile that AminoActive may do the same on their behalf to market the M Challenge.

26. Prizes depend on the number of the M Challenge entrants and may be reduced at the discretion of Hi Performance Health Pty Ltd.

27. Registered M Challenge participants can purchase MAX'S products directly from www.maxs.com.au AND at all good, online stockists, health food stores and gyms Australia wide. A national list of stockists is available on the website www.mchallenge.com.au 

28. Registered participants will be deemed to have successfully 'completed' the M  Challenge having met the following criteria:

a. Successfully completed all requirements for both the registration and completion processes at the beginning and end of the M Challenge in the specific timeframes provided.

b. Adhered to all relevant terms and conditions outlined herein throughout the entirety of the M Challenge.

29. For any further details the M Challenge administration team can be contacted on 1800 071 320, or (03) 9720 0993. Alternately via email at challenge@aminoactive.com.au.

30. Registration as a member covers the duration of one M Challenge only. Each M Challenge opens and closes on specific dates and access to the Website cannot be extended outside of these times. Content on the site unlocks sequentially over the course of an M Challenge, and all downloadable content associated with that M Challenge will cease to be accessible as of the end of the M Challenge.

31. Upon conclusion of the M Challenge and closure of the website, all M Challengers profiles will be deleted and no information will be saved.

32. By registering and participating in the M Challenge, participants agree to accept these terms and conditions and the decisions of the judges which is final and binding in all respects. By entering the M Challenge you also agree to release, discharge and hold harmless AminoActive Australia and its respective parent, affiliates, subsidiaries, advertising, promotion and internet agencies, contractors and their respective officers, directors, employees and agents, from any and all damages whether direct or indirect, which may be due to or arise out of participation in the contest or the acceptance, use/misuse or possession of a prize for perpetuity. All federal, state and local laws and regulations apply.

33. AminoActive reserve the right to amend and/or update these Terms and Conditions at their discretion.

PRIZES

34. Prizes awarded upon completion of the M Challenge are subject to change, and may include:

a. Cash prizes
b. Supplement packs from MAX’s or Maxine’s
c. MAX’s or Maxine’s branded clothing

You can read more about the current prize packages on the About page.

35. Prize packs can only be sent to an Australian address.

36. Winners may also be featured in other media and in any and all marketing activities/events throughout a 4 month period. 

37. Prizes depend on the number of M Challenge entrants and may be reduced at the discretion of Hi Performance Health Pty Ltd.

38. The competition component of the M Challenge is entirely optional.

39. To be eligible for the competition you must have chosen a PUBLIC profile, have chosen "Yes - I want to enter the M Challenge Competition" in your profile settings before the cut-off date, and complete the required check-in points, as well as the final week completion process.

40. Please note that if you are participating in the M Challenge competition your profile images will be visible to the public within the website during public voting and potentially used in the M Challenge marketing and advertising. Private profiles will not be viewable by other people at any time.

PAYMENT AND REFUNDS

41. All registrations and payments are subject to acceptance by us. Acceptance (or rejection) of registration will be notified to you as part of the registration procedure. Acceptance and continued access to our service is always subject to payment first being made by the M Challenger.

42. We expect that Braintree will be used as the primary payment gateway for most financial transactions. We are not able to access the M Challenger's credit card or other financial details and by accepting the Terms and Conditions at registration you agree that we will not be held liable for any loss you incur arising from your use of this payment method unless caused by our fraud or the fraud of our employees.

43. Our registration fees are GST inclusive.

44. We do not refund for change of mind or errors you made in your registration once the login is open.

45. If it is agreed that you have a legitimate reason or extenuating circumstances for requesting a cancellation then we may, at our discretion, cancel your Challenge and provide a pro-rata or partial refund. Extenuating circumstances include (but are not limited to) illness, significant injury, and personal hardship. Supporting documentation will be required in all cases. Once cancelled you will no longer have access to the M Challenge website and all information contained within.

46. Full refunds will not be given under any circumstances and a 20% administration fee will be withheld on all cancellations. Additional Cancellation Fees will be based on the date on which you notify us of your request to cancel with supporting documentation. This is calculated from the start of the M Challenge and based on how many weeks are remaining in the M Challenge. Cancellations will not be accepted from the start of Week 3 of the M Challenge.

47. Refunds are not given unless a participant is able to provide documentation of their extenuating circumstance (such as hospitalisation due to serious illness).

48. If a registered participant wishes to be considered for cancellation, they must contact the M Challenge team immediately with details and documentation of their legitimate reason/extenuating circumstances and confirm their acceptance of our Cancellation Policy by emailing challenge@aminoactive.com.au.

49. Payments are for a single M Challenge only, and only for the particular M Challenge in which they register for. Memberships are not transferrable between M Challenges if they are not used. 

50. A Returning M Challenger discount is for M Challengers who have previously paid for an M Challenge.

CHALLENGE FORUM

51. We expect all forum participants to interact with courtesy and respect. This applies when dealing with other forum members, moderators, administrators, M Challenge Coaches and Ambassadors. You may use the Forum only to post comments, messages and material that are proper and appropriate to it and without limiting the generality of the foregoing.

52. Registered participants shall not:

a. post messages, send private messages (which are not moderated by us but must still comply with these Forum Terms) or post links to other sites that:

i. may be considered likely to provoke, offend, threaten, defame, stalk or harass others;

ii. contain libellous, abusive, racist, sexist, homophobic, ageist, sexually explicit, obscene or otherwise vulgar or in bad taste material;

iii. bully another user by deliberate, repeated and hostile behaviour intended to undermine, humiliate or belittle;

iv. advertise or offer to sell products or services for profit or solicit other users for commercial purposes;

v. conduct or forward surveys or contests;

vi. solicitation of personal interests/businesses or solicit other users for fundraising purposes;

vii. impersonate any person or entity or otherwise violate the legal rights (such as rights of privacy or intellectual property rights where applicable) of others; or

viii. break the law or encourage unlawful activity.

53. We reserve the right to cancel a membership at any point during the Challenge should we deem a participant's actions offensive or inappropriate as per the above. In such cases, we will contact you to advise of this decision, and provide a refund.

SEEK ADVICE FROM A MEDICAL PROFESSIONAL

54. As with any physical activity, it is important that before beginning any fitness regime, you consult with your health care professional to ensure that you are mindful of your current health and any restrictions that are appropriate for you. You should immediately seek medical attention if there are any unanticipated changes to your physical condition at any time.

55. No information contained in the Website is intended to be used as medical advice and the Website is not intended to be used to diagnose, treat, cure or prevent any medical condition (including any mental health conditions) or for any therapeutic purposes. Before relying on the information on the Website, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

56. You must consult a qualified medical professional if you have any questions concerning your medical condition or injury.

57. You require a moderate level of fitness to follow the exercise programs. Persons with pre-existing medical conditions, in poor health, or with any concerns as to the commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these programs. You are responsible to make your own inquiries and seeking independent advice from a healthcare professional before acting on any information or material made available to you through our Website. The information on the Website may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional. In particular, if you fall within one of the following classes of persons, then you should first consult a healthcare professional before following any exercise programs or using any of the information on the Website:

a. Women who are pregnant and/or breastfeeding or who are trying to conceive a child;

b. Persons with any ongoing physical condition such as:

i. Persons suffering from cancer or other long term illness;

ii. Persons with liver disease, kidney disease, or renal failure,

iii. Persons with eating disorders;

iv. Persons with diabetes, blood pressure or cholesterol issues;

v. Elderly persons;

vi. Persons recovering from or recently recovered from illness or injury; and

vii. Persons with a low body mass index.

58. Further, even if you do not fall into the above classes of persons, you acknowledge that the service that we provide on the Website is an information service only, and that you are solely responsible for (at your own discretion) following (or not following) any exercise program or regime that we provide as part of the information service. Our service does not include any supervision or monitoring of your activity, and we are not responsible for any injuries that you may suffer as a result of following the exercise program or regime.

PRIVACY POLICY

Our Privacy Policy can be viewed HERE

QUALITY OF THE WEBSITE

59. We cannot guarantee that the Website will be error-free or uninterrupted. The Website and its content are delivered on an "as-is" and "as available" basis. We cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. The delivery of video messages is dependent on third party providers and therefore not in our control. Low internet connection speeds and/or older operating systems and/or browsers may result in slower page load times and an inability to view videos on the website.

PERMITTED USE

60. Unless otherwise indicated, all information contained in this website is copyright © M Challenge. All rights reserved. Apart from any use permitted under the Copyright Act 1968, registered participants must not copy, frame, modify, transmit or distribute the material at this site without the consent of the copyright owner.

61. Registered participants are legally responsible for all User Content they submit;

62. Registered participants will not:

a. post or transmit any illegal, threatening, discriminatory, harassing, abusive, offensive, defamatory, racially or sexually vilifying, obscene, pornographic or indecent material of any kind (including Restricted or Prohibited Content in accordance with the National Classification Code), or any material in contempt of any court or parliament, or encourage any other person to do so;

b. bypass (or attempt to bypass) any security mechanisms imposed by the Website;

c. harvest or collect email addresses, photographs or personal information of other users;

d. impersonate any person or entity;

e. post or transmit false or misleading material or make any form of misleading or deceptive representation;

f. knowingly post or transmit or permit the posting or transmission of any material, which contains a computer virus or other harmful data, code or material.

SEVERANCE & TERMINATION

63. The Challenge may in its sole and absolute discretion refuse registration, suspend or terminate membership at any time and for any reason.

64. If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.

TEXT MARKETING

We are using a text messaging platform, which is subject to the following terms and conditions. By opting in for our text marketing and notifications, you agree to these terms and conditions.

By entering your phone number in the checkout and initialising a purchase, subscribing via our subscription form or a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. You acknowledge that consent is not a condition for any purchase.

Your phone number, name and purchase information will be shared with our SMS platform "SMSBump Inc, an European Union company with an office in Sofia, Bulgaria, EU. This data will be used for sending you targeted marketing messages and notifications. Upon sending the text messages, your phone number will be passed to a text messages operator to fulfil their delivery.

If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above."