Terms & Conditions
These Terms of Use (“Terms”) govern your use of our website located at www.movemyway.org.au or www.movemyway.com.au (Move My Way) and form a binding contractual agreement between you, the user of the Site and us, Gymnastics Victoria Inc. (GV).
For that reason these Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us on info@gymnasticsvictoria.org.au
By using the Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1. Licence to use Site
1.1 In completing the registration processes and creating an account we grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with the terms and conditions set out in this Agreement.
1.2 You may access and use the Site (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Site for your own personal, non-commercial use.
1.3 You must not add any content to the Site:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
(d) that would bring us, or the Site, into disrepute; or
(e) that infringes the intellectual property or other rights of any person.
1.4 The Site contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
1.5 You acknowledge and agree that:
(a) we retain complete editorial control over the Site and these Terms of Use (Terms) may alter, amend or cease the operation of the Site and (Terms) at any time in our sole discretion; and
(b) the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
2. Intellectual Property Rights
2.1 Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
2.2 We confirm that persons that are displayed on this website have given their consent for photographs and videos that contain their image to be distributed on this website.
2.3 By posting or adding any content onto the Site, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
2.3 You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
2.4 The licence in clause 2.3 will survive any termination of these Terms.
2.5 You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 2.2 and 2.3.
3. Warranties
3.1 You represent and warrant to us that:
(a) you have the legal capacity and are aged of 18 years of age to enter these Terms;
(b) you are the legal guardian of someone you are registering on behalf of that is aged under 18 years of age;
(c) you have complied with clause 1.3.
4. Liability
4.1 To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
4.2 To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
4.3 These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of having the goods repaired
(v) the purchases or distribution of goods made through your account on this website , and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
5. Termination
5.1 These Terms terminate automatically if, for any reason, we cease to operate the Site.
5.2 We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
6. General
6.1 You must not assign, sublicence or otherwise deal in any other way with any of your rights under these Terms.
6.2 If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
6.3 Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
6.4 This Agreement is governed by the laws of Victoria and each party submits to the jurisdiction of the courts of Victoria.
7. Website Privacy Policy
7.1 This Privacy Policy applies to all personal information collected by Gymnastics Victoria Inc. via the website located at www.movemyway.org.au or www.movemyway.com.au
7.2 Your privacy is very important to us. For that reason, please read the following details carefully and get in contact with us if you have any questions. You can contact us on: info@gymnasticsvictoria.org.au
8. Collection and Purpose
8.1 The personal information that we collect from you in the course of your registration is kept strictly secure. In addition, we also collect cookies from your computer, which enables us to tell when you use the website and also to help customise your website experience.
8.2 The purpose for which we collect personal information is to provide you with the best service experience possible on the website. Some provision of personal information is optional. However, if you do not provide us with certain types of personal information, you may be unable to enjoy the full functionality of the website.
8.3 We may, from time to time, send you email communication from Gymnastics Victoria. You can unsubscribe from receiving this communication at any time.
9. Disclosure
9.1 We customarily disclose personal information only to our service providers who assist us in operating the website. We will only disclose personal information to an unrelated third party with your consent.
10. Access and correction
10.1 National Privacy Principle 6 of the Australian Privacy Act 1998 (Cth) allows you to get access to, and correct, the personal information we hold about you in certain circumstances. If you would like to obtain such access, please contact us on the details set out above.
11. Security
11.1 We have processes in place to ensure the security of your personal information, including encryption of all data when it is transferred to our service providers and limitations on access to personal information within our organisation.
12. Your Health
12.1 By completing the registration process and accessing the ‘Move My Way’ activities you represent that you are in good physical condition and have no reason or impairment that might prevent you from completing these activities. You repeat this representation each time that you participate in any of the activities, programs or services.
12.2 Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of a new fitness regime should consult with an appropriate healthcare professional before beginning any of these activities, services or programs. It is your responsibility to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through this website. If you are pregnant, nursing or have health problems, consult your doctor about specific medical conditions.
12.3 Gymnastics Victoria staff are not medically trained and cannot assess whether you are in good physical condition. We strongly advise you take expert advice prior to commencement of the ‘Move My Way’ activities, services or programs. Please monitor your physical condition at all times and participate to a level that is appropriate to your health and any medical advice you have obtained.
13. Conditions of Competition Entry
13.1 Competition is open to first time Move My Way registrations from 6am Saturday 10th June 2017 until 9pm Monday 12th June 2017
13.2 One entry per person.
13.3 Entrants must be over 18 years old.
13.4 Data provided by entrant will be used for reporting purposes only by VIC Health and La Trobe University. Contact information will not be shared. Once registered with Move My Way entrant may be contacted by VIC Health and La Trobe University if permission has been given on the registration form.