Push For Better
July
2019

TERMS AND CONDITIONS

General

Date of last revision 6 July 2019.

This website and The Push Up Challenge are operated by Push For Better (ABN 27 441 958 739) (we, our or us).

Content


By accessing and continuing to use our website, including registering for The Push Up Challenge (the Challenge), you agree with these terms and our Privacy Policy (Terms), which may be updated from time to time. Please read these Terms carefully and immediately cease participating in the Challenge and/or using our website if you do not agree to them.

By registering for the Challenge, you confirm that you are over the age of 18 or otherwise have the required parental permission to take part.

We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our website in accordance with these Terms. All other uses are prohibited without our prior written consent.

We may, at any time and in our absolute discretion, vary these Terms by publishing the variation on the website. Please check back here regularly to ensure you are aware of our current Terms. Materials and information on this website are subject to change without notice. We do not undertake to keep the website up-to-date and we accept no liability if any content is inaccurate or out-of-date.

We do not guarantee that our website will be free from viruses, or that access to our website will be uninterrupted. We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, at any time and in our absolute discretion. We are not liable for any loss, damage or expense that you suffer arising from or in connection with any such discontinuance or exclusion.

To use our website, you must create a password which you must keep secure. If you suspect that your account is being used without your authority, you must immediately report this to us.

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

Prohibited Content

You must not use our website to facilitate or participate in any illegal activity or engage in any activity that we, in our absolute discretion, consider to be inappropriate or which might bring us or our website into disrepute, including:

1. Anything that would constitute a breach of an individual’s privacy or any other legal rights;
2. Interfering with any user using our website;
3. Using our website to send unsolicited email messages; or
4. Facilitating or assisting a third party to any of these things.

You must not attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of our website 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. You must not knowingly transmit viruses or other disabling features or otherwise damage or interfere with our website.

We reserve the right to immediately and indefinitely restrict your access to our website in any way considered reasonably necessary if we suspect that you are engaging in any of the above behaviour.

You are prohibited from using our website, including its content, in any way that competes with our business.

User Content

By using our website and uploading content you hereby agree and consent to us 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.

By uploading User Content to our website, you represent and warrant to us that:
1. you own all rights in the User Content or otherwise have the right to submit the User Content to us;
2. the User Content does not violate or infringe upon the rights of any third party (including, any rights of intellectual property, copyright, trademark, publicity or privacy);
3. the User Content is true and correct and is not misleading, defamatory or obscene;
4. the User Content can be published lawfully by us;
5. any persons identified in the User Content have consented to the submission of the User Content on our website and further use of the User Content as contemplated in these Terms; and
6. our use of the User Content in the manner contemplated above and the rights and licences 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 us harmless from and against any and losses, and all claims by third parties, resulting from your breach of any of these representations or warranties.

You waive, release and forever discharge us and any of our 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. We do not endorse or approve, and are not responsible for, any User Content. If any User Content incorporates any content that we, in our absolute discretion, consider is inappropriate for inclusion on our website, we reserve the right to remove any content without consultation. However, we will use reasonable endeavours to consult with you prior to removing content on any team, individual, community or other fundraising page. We also reserve the right to prohibit fundraisers who breach these Terms from using our website in the future.

Liability

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

The content on our website is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable endeavours to confirm the accuracy and completeness of the website content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

To the maximum extent permitted by law, we are not responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you or any third party, arising from or in connection with your or their participation in The Challenge, use of our website or its content, and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out of date. For the avoidance of any doubt, TPUC will not be liable for indirect or consequential loss or damage, including loss of profits, loss of any business opportunity and damage to computer equipment.

To the maximum extent permitted by law, you must indemnify and hold us harmless against any loss, damage or expense suffered by us arising from or in connection with your participation in the Challenge, your use of our website, or any breach of these Terms or any applicable laws by you. This indemnity is a continuing obligation, independent from the other obligations in these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Terms.

Jurisdiction

Your use of our website and these Terms are governed by the laws of Western Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Western Australia, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our website may be accessed throughout Australia and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website.

Intellectual Property Rights

Unless otherwise indicated, we own the intellectual property rights, including copyright, in our website and all of its content. 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, altered, modified, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.

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 the written consent of the owners.

You acknowledge and agree that we may use, copy and edit, for our business purposes, any material or User Content submitted by you in connection with any fundraising page and that you agree to receive marketing content from us.

Refunds

We will process automatic refunds for donations providing that the donation has not yet been passed onto the charity or beneficiary. Donations are sent electronically by us to the nominated cause at the end of each month. To secure a refund, contact us through the website. If the donation has already been forwarded to the chosen charity or beneficiary, we will ask you to contact them directly.

Credit Card Details and Unauthorised Use of Credit Cards

Any donations made through our 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 immediately 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 and do not accept responsibility for any loss, damage or expenses suffered by the use of these facilities.

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. You should make your own investigations with respect to the suitability of those websites and their content.

Terms Enquiries

If you have any queries about our Terms, please contact us through the contact section of the website.