Latest Update: May 2025
Mokato Pty Ltd ACN 676 667 904 (Website Owner, We/we, Us/us, Our/our) exclusively owns and operates the platform referred to as “Monique Took Functional Health” (Website) and all intellectual property in and associated with the Website.
The following Website terms of use (Terms of Use) govern your access to and use of this Website and the products and services, including the consultations, wellness protocols, support, and supplement/lab test recommendations available through this Website (Goods and Services/Goods/Services).
By using this Website and any related Goods and Services, you are agreeing to all of the Terms of Use, current at the time of your use of the Website.
Amendments to the Terms of Use
The Website Owner reserves the right to amend these Terms of Use from time to time at its discretion (Amendments).
Amendments will be effective immediately. Where practicable we will endeavour to notify you of the Amendments to the Terms of Use.
Your continued use of the Website following any such Amendment will represent an agreement by you to be bound by the Amendments to the Terms of Use.
We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.
Website usage and Client Data
Access to the Website is permitted on a temporary and limited basis for the purpose of browsing the Website and interacting with the Website Owner.
We reserve the right to withdraw or amend the Website and any Goods or Services listed on the Website without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
By accepting the Terms of Use, you acknowledge and agree that the Services should not be relied upon exclusively for making medical, health, or other significant decisions regarding any individual. You understand the importance of obtaining appropriate professional medical advice from a licensed healthcare provider and agree to seek such professional guidance before making any decisions related to medical concerns.
At the time you register to use the Website you may be required to provide Client Data, namely:
Your name, valid email address, or valid phone number;
Credit/ debit card information or bank account details for payment purposes;
Any other information required to complete the registration process; and
Any other information, including health information, is required for us to provide you with the Services.
Failure to supply correct Client Data (which includes, but is not limited to, information set out in clause 2(d), Personal Information and Sensitive Information (as defined in the Privacy Policy) may result in us cancelling your registration.
By accepting the Terms of Use, you agree to update your Client Data if there are any changes to ensure that it is current and accurate at all times. You agree to update us to the extent you become aware of any such changes in relation to your account.
By accepting the Terms of Use, you agree to permit us to use the Client Data for the purpose of providing the functionality of the Website and any related purpose. You grant us a perpetual, worldwide, royalty-free license to use, modify, and incorporate the Client Data (and other data we collect from you) into our systems. You acknowledge that in order to do so, we may share the Client Data and other data with other parties, including but not limited to stakeholders and suppliers.
You are responsible for maintaining the security of your login and account information (including the password). We are not liable for any loss or damage from your failure to comply with this security obligation.
All Client Data will be stored and maintained by or on behalf of us in accordance with Australian privacy law.
Our use of any Personal Information and Sensitive Information (as defined in the Privacy Policy) provided within the Client Data will be in accordance with our Privacy Policy, which sets out how we will use your information.
Goods and Services and features
The Services are provided under a functional health coaching and education model. All information is intended for general wellbeing support and educational purposes only.
By accepting the Terms of Use, you acknowledge and agree that the Services are not a substitute for professional advice, such as medical advice, diagnosis, or treatment and should be used with appropriate medical professional support services.
By accepting the Terms of Use, you acknowledge and agree that the Services do not constitute physiotherapy or any other regulated health service. This is true even if the Services are provided by a registered physiotherapist under the Australian Health Practitioner Regulation Agency (AHPRA) who is working in a non-clinical role and outside the scope of AHPRA regulations.
We reserve the right to modify the Website and the Goods and Services at any time at our sole discretion. We may update you upon making any such changes.
We will endeavour to ensure that the Website will be available at all times; however, we do not guarantee this.
The Website may not be available during any or all of the following times:
During maintenance events or due to agreed emergency maintenance;
Due to problems that occur due to your telecom or internet service providers or connection. We accept no liability for any loss or damage that occurs as a result of your telecom or internet service provider;
Due to anything or event affecting the availability of any third-party foundational models; and
Due to action or inaction of you.
Fees and payment
By accepting the Terms of Use, you authorise us or any third-party service provider to debit your account at the relevant financial institution connected with the payment details identified and provided in your Client Data for payment of all fees and charges (Fees).
By accepting the Terms of Use, you agree that we are authorised to process payment for the Fees.
By accepting the Terms of Use, you acknowledge that it is your responsibility to ensure that there are sufficient cleared funds or financial capacity in the nominated account to honour the transaction when it falls due.
We must not be held responsible for any fees and charges imposed by your financial institution or any other third party that may be incurred if there are insufficient funds in your account or if the payment fails.
You are responsible for providing complete and accurate billing and contact information to us, and we must not be held responsible for any loss or damage caused by you providing incomplete billing information.
If you opt for a payment plan, you agree to complete all scheduled payments. If you fail to make your payments within seven (7) days of the due date (Debt), we may refer the Debt to a debt collection agency for collection.
You must reimburse us for any reasonable out of pocket expenses, including but not limited to expenses that we incur in providing the Service and collecting the Debt.
Termination will not affect any of our accrued rights or your accrued liabilities as at the time of termination. For the avoidance of doubt, you are liable to pay all outstanding fees and charges that have accrued as at termination, including, and the Fees.
Linked Sites
This Website may contain links to other websites (Linked Sites), which are not operated by Website Owner.
The Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of the Linked Sites.
Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such Linked Sites, if any.
Privacy policy
Our privacy policy, which sets out how we will use your information, can be found at [insert link].
By using this Website, you consent to the processing described the Privacy Policy and warrant that all data provided by you is accurate.
Prohibitions
Access to the Website is provided to you on the basis that you must not misuse this Website. Accordingly, you will not do any of the following:
Commit or encourage a criminal offence;
Transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
Hack into any aspect of the Website; corrupt data; cause annoyance to other users;
Maliciously interrupt the purchase of Goods and Services from the Website;
Infringe upon the rights of any other person's proprietary rights;
Send any unsolicited advertising or promotional material (spam); or
Attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
You acknowledge that breaching this prohibitions clause would constitute a criminal offence and, if breached, the Website Owner will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
The Website Owner will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computing devices, programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
We reserve the right to delete your account immediately if you are in breach of any of the Terms of Use, or due to any behaviour including but not limited to any dishonest, discourteous, or otherwise unprofessional behaviour by you in relation to the Website Owner.
Intellectual property, software and content
The intellectual property rights in all software, the Goods and Services and Website content (including photographic images, text, audio, video), user interface, algorithms, test and test results, reports, the data derived from use of the Website, and any other documentation, information or materials made available to you on or through this Website remain the exclusive property of the Website Owner or its licensors and are protected by copyright laws and treaties around the world.
The Website Owner and its licensor (where appropriate) reserve all such rights. For the avoidance of doubt, nothing in the Terms of Use or otherwise creates the right for you to sublicense the Website, or your account of the Website or assigns any ownership rights to you.
By accepting the Terms of Use you undertake not to reverse engineer, publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.
We reserve all our rights to seek compensation, damages, injunctions, or any other remedy available to us at law if any attempt to do so, whether successful or unsuccessful, is made by you or any of your affiliates.
Disclaimer of liability
Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the Australian Consumer Law (ACL), the material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy.
To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute Goods and Services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
The Website and its functionality are available to you on an "as is" basis. We make no warranties, representations or conditions of any kind regarding the accuracy, reliability, completeness or appropriateness of the recommendations or content.
This disclaimer does not affect the Website Owner's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under the ACL or other law.
Your use of the Website is at your own discretion and risk, and you will be solely responsible for any resulting loss or damage, including but not limited to, any loss of data or damage to your computing devices from viruses that may be downloaded to your computing devices in the course of using the software. Some jurisdictions do not allow the exclusion of certain warranties, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so the above limitations may not apply to you. If you reside in such a jurisdiction, the above limitations will apply to you to the fullest extent permitted under applicable law.
The information and content of the Website, including recommendations and guidance, do not constitute any medical advice, diagnosis, or treatment.
We do not guarantee specific outcomes from the Services, as successful outcomes depend on multiple factors, including personal commitment and consistency.
We disclaim:
All liability whatsoever, including but without limitation to any:
direct, indirect, special, incidental, punitive, exemplary, reliance or consequential damages;
loss of use, profits, or other intangibles;
network interruptions;
loss or damage to goodwill or reputation;
loss of information or data; and
Loss or damage arising out of your use of the Website.
Our maximum aggregate liability to you for any claims, damages, injuries or causes whatsoever, and regardless of the form of action (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason), will at all times be limited to the greater of:
The amount paid, if any, by you to us in connection with the Website in the two (2) months prior to the action giving rise to liability; or
AUD1.00.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation.
Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to the Website Owner.
Indemnity
You agree to indemnify, defend and hold harmless the Website Owner, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Use.
Variation
The Website Owner must have the right in its absolute discretion at any time and without notice to amend, remove or vary the Goods and Services or any page of this Website.
Invalidity
If any part of the Terms of Use is void, voidable, unenforceable or illegal, that part shall be severed and the remainder of the Terms of Use will continue to be valid and enforceable to the fullest extent permitted by law (including any provision in which we exclude our liability to you).
So far as possible where any clause/subclause or part of a clause/subclause can be severed to render the remaining part valid, the clause must be interpreted accordingly.
Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/subclause as is permitted by law.
General
You understand that we may use third party vendors, hosting partners, payment processing partners, laboratories, and other service providers to provide the necessary hardware, software, networking, storage, payment gateway, test, and related technology required to run the Website.
We do not warrant that:
The Website Owner will meet your specific requirements;
The Website, including its functionality, will be uninterrupted, timely, secure, error-free, or produce completely accurate or suitable results; or
Any errors on the Website will be corrected.
Complaints and refund
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Complaints should be sent to hello@moniquetook.com
Subject to any rights you may have under the ACL, all requests for refunds will be dealt with at our absolute discretion.
Unless we determine otherwise at our absolute discretion, requests for refunds for any of the following reasons will not be approved:
Change of mind; or
Unsatisfactory with the result of the Services or any tests; or
Any other reason that we consider to be inappropriate.
By using the Platform and purchasing the Goods and Services, you acknowledge and agree to the return policy in this clause 15 and will not make any claims outside of its terms.
