Push For Better
July
2019

TERMS AND CONDITIONS

General

Date of last revision 26 February 2019

This section sets out the terms that apply to your use of The Push-Up Challenge (TPUC) website. Your continued use of our Services indicates to us that you agree with these terms, which may be updated from time to time. Please check back here regularly to check the updated terms.

Content

By using the TPUC website and uploading content you hereby agree and consent to TPUC using the submitted photograph(s), video(s), comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these terms and conditions.

By uploading User Content to the Page, you represent and warrant to the Company that:

(1) you are of an appropriate age to take part or have the required permission to take part;

(2) you own all rights in the User Content or otherwise have the right to submit the User Content to TPUC;

(3) the User Content does not violate or infringe upon the rights of any third party (including, any rights of copyright, trademark, publicity or privacy);

(4) any persons identified in the User Content have consented to the submission of the User Content on the Page and further use of the User Content as contemplated herein; and

(5) the Authorised Persons’ use of the User Content in the manner contemplated above and the rights and licenses granted hereunder do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorization from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold harmless TPUC from and against any and losses, and all claims by third parties, resulting from your breach of any of the foregoing representations or warranties.

Lastly, you hereby waive, release and forever discharge TPUC and each of their subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity.

Warranties

You warrant that all information provided by you to TPUC:

- is not misleading or deceptive, defamatory or obscene;

- is true and correct;

- does not infringe a third party's intellectual property rights; and

- can be lawfully published by TPUC.

You will indemnify and keep TPUC indemnified against all claims, costs, expenses, damages, liability or loss arising in relation to a breach of any of the above warranties.

Fundraising Guidelines

All fundraisers and team creators must adhere to the TPUC fundraising guidelines.

Removal Of Content

Any Fundraising Page must not incorporate any content that TPUC, in its absolute discretion, considers is inappropriate for inclusion on the TPUC website. TPUC will use reasonable endeavours to consult with you prior to removing all or any part of the content on any team, individual, community or other Fundraising Page. Nonetheless, TPUC reserves the right to remove any content without consultation. TPUC also reserves the right to prohibit fundraisers who breach these Terms from using the TPUC website in the future.

Website Usage

You must not use the TPUC website to facilitate or participate in any illegal activity or engage in any activity that TPUC, in its absolute discretion, considers to be inappropriate.

You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the TPUC site or any related websites. You must not attempt to bypass the network firewall and you must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access part of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access;

TPUC reserves the right to immediately and indefinitely restrict your access to the TPUC website in any way considered reasonably necessary if it suspects that you are engaging in any of the above behaviour.

Complaints

TPUC will handle all complaints received in accordance with our internal TPUC procedures.

Limitation of liability and jurisdiction

Your use of the site is at your sole risk. The content and services are supplied to you on an “as is” and “as available” basis.

The liability of TPUC for any breach of these Terms, any statutory cause of action, common law action or tort (including negligence) in any way is limited as follows:

1. TPUC will not be liable for indirect or consequential loss or damage, notwithstanding anything else in this Agreement. This includes loss of profits, loss of any business opportunity and damage to computer equipment;

2. TPUC’s liability in respect of all other claims by you, or loss or damage to you is limited, for an aggregate of all claims, to the amounts donated by your friends and family through TPUC to a Charity.

3. TPUC 's liability for a breach of a condition or consumer guarantee required or implied by law that cannot be excluded, is limited to the maximum extent possible, at TPUC’s option, to:

a. the supply of the services again; or

b. payment of the cost of having the services resupplied.

This website and its use are governed by the laws of the State of Victoria.

Intellectual Property Rights

TPUC owns the intellectual property rights, including copyright, in all content of this website. Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific prior written consent of TPUC.

You must not include any material on any Fundraising Page that infringes the intellectual property rights of others. For example, you may not include a trade mark or copyright material without consent of the owners.

You acknowledge and agree that TPUC may use, copy and edit, for its business purposes, any material submitted by you in connection with any Fundraising Page and that you will receive marketing content from TPUC

Donations

Donations made by credit or debit card are charged to your card immediately. TPUC issues a receipt by email to the email address entered at the time of the payment.

Paypal Donations

Funds donated using the PayPal gateway are transferred directly to TPUC.

Refunds

TPUC will process refunds for donations providing that the donation has not yet been passed onto the charity or beneficiary. To secure a refund, contact TPUC. Contact details are available under the contact tab. If the donation has already been forwarded to the chosen charity or beneficiary, please contact them directly.

Credit Card Details and Unauthorised Use of Credit Cards

Any donations made through the TPUC website using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue to your financial institution.

We do not store your credit card details. We use the services of Stripe and PayPal which store your credit card data. We provide no warranty as to its safety or security.

Links

For the convenience of our users the TPUC site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard.

Modification Of The Terms

We reserve the right, at our discretion, to modify or remove portions of our Terms at any time and such modification shall be effective immediately upon web posting of the modified Terms. Your continued use of the site shall be deemed to be your conclusive acceptance of the modified Terms.

Terms Enquiries

If you have any queries about our Terms please contact us at: PO Box 14 Wembley WA 6913