Privacy Policy

• General Terms and Conditions of Moving Mindz Events
• Moving Mindz Collection Statement and Privacy Policy

GENERAL TERMS AND CONDITIONS OF MOVING MINDZ EVENTS

Parties

1. Moving Mindz PTY LTD (“Moving Mindz”) and;
2. In the case of employer sponsored participation, the Participating Employer (“Participating Company”); and
3. In the case of participant sponsored participation, the Self-Paid Participant (“SPP”); and
4. All participants (‘Participants’) in the event whether employer or self-sponsored.

Background

• Moving Mindz will conduct corporate health, wellbeing & wellness programs as well as health & wellbeing surveys accessible through its online platform known as www.MovingMindz.co, Mobile Application and the sub-domain(s) available thereunder (the “Website”) wherein Participants will take part in various challenges including; sleep challenge, nutrition challenge and an activity challenge (“The Event”).  
• This Website and Mobile Application are the property of Moving Mindz PTY LTD (“Moving Mindz”) which inter alia provides information (including without limitation articles, publications, videos, products, graphics, software and pictures) (“content”) in respect of various challenges including; sleep challenge, nutrition challenge and an activity challenge conducted on the Website and Mobile Application, wherein the Participants take part in an “activity challenge” (the “Event”), of varying duration (the “Event Period”), in teams of up to 5 (five) as agreed from time to time (each a “Team”), by recording daily step counts and other activity levels.
• Several different Events may be held concurrently, with durations (“The Event Period”) varying as required.
• Either
  • The Participating Company wishes to enrol one or more Teams to take part in an Event; or
  • The SPP agrees to enter the Event as part of a Team;
• This document subject to point (f) below sets out the terms and conditions governing the conduct of each

Event by Moving Mindz and the participation by 

1. the Participating Company and its employees; and
   1. the SPPs; and
   1. the Participants
2. In the event the Participating Company/the SPP/the Participants and Moving Mindz enter into a separate contract as regards any aspect(s) of the Event, such contract shall be read along with these Terms and Conditions and to the extent consistent shall be deemed to be supplementary to these Terms and Conditions. However, in the case of conflict between the any of the provisions of such contract and these Terms and Conditions, the provisions of the contract shall prevail.

Defined Terms

Capitalised terms used but not defined herein shall have the respective meaning given to such term or on the Website and Mobile Application as the case may be.

Team Composition

Teams shall comprise up to five (5) Participants, as agreed from time to time, but at no time will a team include more than two ‘Athletes’. An athlete is defined as a person who participates in or trains intensively for events such as marathons, triathlons, ultra-marathons, etc. In the event as to any disagreement as to the eligibility of a Participant or team Moving Mindz will determine such issue at its own discretion and its decision shall be final.

Confirmation of Participation

• In the case of employer sponsored participation, the Participating Company shall undergo an online

Invoicing process which confirms its and its employees’ participation in the Event and their obligation to pay for such participation.

• In the case of participant sponsored participation, the SPP shall pay their individual Participation Fee to confirm their participation in the Event.

Company Program Manager

In the case of employer sponsored participation, the Participating Company will, at the time of agreeing to participate in the Event, appoint a Company Program Manager that for the purpose of the Event and all matters related thereto, shall be the primary point of contact to interact and coordinate with Moving Mindz, and there will be no direct interaction, of any nature whatsoever, between the Participating Company’s Participants and Moving Mindz, except as provided on the Website and Mobile Application or on a mutually agreeable basis.

Reliance

In agreeing to these Terms and Conditions, the Parties agree that no other terms and conditions, representations, undertakings, warranties or supposed enticement have been relied upon by either Party save and except as are set out in these Terms and Conditions or on the Website and Mobile Application.  

Term

These Terms and Conditions shall remain in effect from:

• In the case of employer sponsored participation, the date the Participating Company registers its organisation to participate in the Event; or
• In the case of self-sponsored participation, from the date the SPP registers himself/herself to participate in the Event

until the last day the Website remains open for the Participants to enter their step entry for the Event as set out in the rules of Moving Mindz set out in these Terms and Conditions.

Privacy

Moving Mindz is committed to protecting the privacy of Participants. Please see our Privacy Policy to see what personal information Moving Mindz may collect and how we may use it.

Participation Fees – Payment Requirements

Unless the Parties otherwise agree in writing –

• In the case of employer sponsored participation, the Participating Company shall complete the online Invoicing process, and simultaneously pay the entire Participation Fee (“Payment”); and
• In the case of self-paid participation, the SPP shall pay the Participation Fee in full

 no later than the commencement date of the Event.

Invoice, Receipt and Unique Login ID

Upon receipt of payment in full Moving Mindz will issue to the Participating Company or the SPP or the Participant an invoice and receipt for the Payment, and generate a unique login ID for each Participant for whom payment in full has been received in order to enable such Participant access to log in to the Website. 

Pedometer

Any pedometer/wearable device/app capable of counting steps , including but not limited to FitBit, GOQii, Garmin, Moving Mindz step-counter app, may be allowed by Moving Mindz for the purpose of step counting in the Event. The details, such as type and versions, of compatible devices/apps will be made available on the Moving Mindz Website.   

The Participant Company, SPP or Participant as the case may be is at all times fully responsible for the choice of pedometer its operation and any liability arising therefrom.

Moving Mindz disclaims any and all liabilities with respect to any such Pedometer(s) including its accuracy, genuineness and completeness.

Moving Mindz Undertakings

Moving Mindz undertakes that it will: 

• conduct various challenges which may include one or more of a sleep challenge, a nutrition challenge and an activity challenge as represented on the Website and Mobile Application; 
• provide to each Participant a distinctive password which may allow the Participants 24 hours per day access to the Website and Mobile Application during the Event Period; 
• during the Event Period take all reasonable measures to ensure access to the Website and Mobile Application with minimised downtime, if any; 
• at all times take all reasonable measures to comply with the terms and conditions set out on the

Website and Mobile Application (which terms and conditions are hereby deemed to be a part of the Terms and Conditions) from time to time in respect to the gathering, use and disclosure of information pertaining to the Participants;

Participating Company/SPP/Participant Undertakings

The Participating Company/SPP/Participant, undertakes as applicable: 

• to complete the invoicing process simultaneously upon registration and to make the payment of the total of the Participation Fee no later than the commencement date of the Event in which they are participating;
• to take all reasonable steps to ensure compliance (in the case of employer sponsored participation, the Participating Company on behalf of its Participants) with the Rules and Regulations published on the Website and Mobile Application or as notified by Moving Mindz from time to time; 
• that all teams are formed compliant with the Rules and Regulations and all requisite details are entered into the Website by the commencement of the Event in which they are participating; and 
• In the case of employer sponsored participation, the Participating Company will allow, permit and hereby grant a license to Moving Mindz to use the name of the Participating Company (including use of the Participating Company’s logo), the fact of its participation in the Event, and any response from the Participating Company as to its or its Participants’ experiences regards the Event.

Added Advantages

Moving Mindz may at its discretion provide or offer to provide at the Participants election extra benefits to the Participants by way of contests, competitions, interactive online events/challenges such as a 12-month motivational program, rewards, newsletters, blogs, wellness seminars, informative emails and other electronic communications intended to motivate the Participants, and to make participation in the Event more rewarding and interesting for the Participants. 

Contests/competitions/challenges and rewards (held as a part of the Added Advantages) will be conducted by Moving Mindz with utmost integrity in accordance with the contests/competition rules communicated to the Participants (by publishing on the Website and Mobile Application or through email notification). All decisions of Moving Mindz in respect of any contest/competition/challenge or rewards shall be final and conclusive. Each Participating Company may impose additional specific requirements upon its own participants in relation to eligibility to win prizes.

The Participating Company, or the SPP, hereby acknowledges that these Added Advantages 

• are neither offered nor guaranteed with the Event; 
• are distinct from the Event; but that
• the policies specifically applicable to the Event (as set out herein and/or on the Website) shall at the discretion of Moving Mindz apply, or not, to the Added Advantages; and 
• in no way impact Moving Mindz’s rights/entitlements in respect of the Event; and that
• the obligations of Moving Mindz hereunder are not applicable in respect of the Added Advantages and will come to an end on the expiry of the last day the Website course sub-domain remains open for the Participants to enter their step entry for each particular Event as per the Event Rules.  

Force Majeure

Moving Mindz shall not be liable for any delay in performing any of its obligations in respect of or related to various challenges including; sleep challenge, nutrition challenge and an activity challenge as set out herein if such delay is on account of circumstances beyond Moving Mindz’s reasonable control.  

Limitation of Liability

The Participating Company, or the SPP, hereby acknowledges, accepts, understands and confirms that 

• a claim, if any, it may have against Moving Mindz will be limited to the cost of the Standard Participation Fee, ie with any device supplied, or the ‘Bring Your Own Device’ Participation Fee paid by the Participating Company or the SPP; and 
• Moving Mindz will not be liable in any way for any contingent, consequential, direct, indirect, special or punitive damages arising whether due to the negligence of Moving Mindz or otherwise and acknowledges that any such claim shall be limited accordingly; and
• Moving Mindz is not a medical, physical health or mental health service provider;
• Moving Mindz DOES NOT  provide any medical, physical health or mental health diagnostic services;
• Moving Mindz makes NO representation as to the provision of such medical, physical health or mental health services or medical, physical health or mental health diagnostic services; and
• Moving Mindz has no obligation in respect to the Participants medical, physical health or mental health condition at any time; and that
• The Participant is solely and irrevocably responsible for their own medical, physical health or mental health condition and their ability, capacity and willingness to participate in the Event

Risk of Participation

The Participating Company on behalf of itself and its Participants, the SPP, and each Participant, acknowledge, accept, understand and confirm that the Event, the challenges and their participation may require physical activity and that The Participating Company on behalf of itself and its Participants, the SPP, and each Participant, warrants that the medical, physical health or mental health of the Participant is such as that they can safely participate in the Event and the challenges.

The Participating Company on behalf of itself and its Participants, the SPP, and each Participant, acknowledge, accept, understand and confirm that Moving Mindz cannot evaluate the appropriateness or any other health risks that may be faced by individual Participants and hence each Participant takes part in the Event entirely and exclusively at his or her own risk. 

Activities are undertaken at a time and place of a Participant’s choosing, and Moving Mindz makes no recommendations in this regard.

Moving Mindz may from time to time provide general information about improving fitness levels, health and overall wellbeing while participating in the Event by publishing the same on the Website and Mobile Application (including links to third party websites) and/or through its communications to the Participants. It is hereby expressly stated by Moving Mindz and acknowledged by the Participating Company, the SPP and all Participants, that such information:

• is provided for the Participants timely perusal, consideration and evaluation;
• does not constitute medical or professional or specific advice; and
• cannot be relied upon as a substitute for the professional medical/health care and it does not constitute a doctor-patient relationship; and
• that the advice of a doctor or appropriately qualified medical professional, and appropriate medical treatment, for all health related queries or any other medical matter, must be sought without delay and not ignored or suspended on account of any information provided by Moving Mindz.

Indemnity

The Participating Company, the SPP and all Participants, agree to indemnify, hold harmless and defend Moving Mindz and its respective directors, officers, employees and agents from and against any and all claims, causes of action and demands of any kind brought by any third parties (including but not limited to a Participant in relation to his or her participation in the Event) including all costs, expenses and legal fees on account thereof resulting from the provision of the services by Moving Mindz to Participants whether based in contract or tort (including strict liability) and regardless of the form of action except in the case of gross negligence or wilful misconduct by Moving Mindz.

Refund

The Participating Company and the SPP hereby agrees and acknowledges that once the Participation Fees or any part thereof is paid, they shall not be entitled to either seek a refund or alternatively, a credit for participation in any future event to be conducted by Moving Mindz.

Surveys and Reporting

Moving Mindz reserves the right to conduct surveys at any time during the year of various challenges including; sleep challenge, nutrition challenge and an activity challenge and use this, together wither the data provided by the Participant in reporting the Participants performance in respect to any challenge from time to time (collectively “Survey Data”) generated from the responses to the survey questionnaires by Participants. The processing and analysis of Survey Data shall be for the purpose of Moving Mindz’s activities connected with the Event assessment process including, but not limited to:

• The production of End of Event Reports as required on an Event, Participating Company and SPP and Participant basis; and
• The development of the Event on a year-on-year basis; and
• Academic or research purposes with appropriate ethics approval [SB1] 

In the case of employer sponsored participation, a Participating Employer may deem that survey completion is a condition of their sponsored employees participating in a Moving Mindz event, and a pre-requisite to the winning and receiving of prizes and rewards from competitions/contests/challenges contained therein.

Unless otherwise agreed between a sponsoring employer and Moving Mindz, the taking of the Moving Mindz pre-event survey is a pre-requisite for commencing the event, and the post-event survey is required to be completed prior to being able to make activity entries in the final days of the race.  The data collected is strictly de-identified and in accordance with all privacy protocols, and primarily used to report back in aggregate as to the benefits of participation to each company, which is an important justification for them committing to running the program.  A secondary use is to conduct and publish research to contribute to the health and wellbeing space in accordance with ethics approval from major universities.  Participants may elect to opt out from their Survey Data being passed on and used by the researchers for publication purposes by following the process outlined in the survey preamble and also the Moving Mindz Terms Conditions and Privacy policy.

Intellectual Property

The Participating Company hereby for itself on behalf of its Participants, the SPP, and all Participants, acknowledge, accept, understand and confirm that all the intellectual property (of whatever nature) comprising the Event (including without limitation the Website and all the information/data or any other material used to design, create or otherwise develop the same) shall remain the sole and exclusive property of Moving Mindz and neither the Participating Company, the SPP, or any Participant, shall make any claim to the any such intellectual property in any manner whatsoever.

Access to the Website and/or participation in the Event does not give the Participating Company, the SPP, or the Participant, any right to use any of Moving Mindz’s marketing material, business names, trademarks, logos, domain names or other distinctive brand features. Other trademarks used on the Wellness Platform domain and/or the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

Survey Data received by Moving Mindz from Participants shall be the property of Moving Mindz (subject to Participants privacy rights being maintained).

Website Usage Terms

Each Participant participates in the event either under the facilitation of a Participating Company, or as a Self-Paid Participant, and is granted a limited, non-exclusive access to the Wellness Platform domain from the date of commencement of the various challenges including; sleep challenge, nutrition challenge and an activity challenge until the last day the Website and Mobile Application remains open for the entry of steps and other activities for the event in which they are participating. Moving Mindz will give notice from time to time.  Thereafter, access to the Website and Mobile Application, if any provided by Moving Mindz, and all acts done pursuant to such access (including without limitation any step and activity level entry recorded by a Participant), shall not be in anyway applicable to or counted for the Event but will be subject to these Terms and Conditions and other applicable policies set out on the Website and Mobile Application.

Participation in the Event and the access and use of the Wellness Platform is governed by these Terms and Conditions, the Privacy Policy appearing on the Website and Mobile Application (“Privacy Policy”), and all other terms/policies set out in the Website and Mobile Application (collectively the “Moving Mindz Terms and Policies”). By accessing or using the Website and Mobile Application and the content therein, and/or participating in the Event, each Participant acknowledges and agrees that:

1. They represent and warrant to Moving Mindz they have carefully reviewed, understood and accepted all and agree to be bound by all of the Moving Mindz Terms and Policies; and 
2. The Website and Mobile Application is the property of Moving Mindz and as such all activities on the Website and Mobile Application including the Wellness Platform domain will be monitored by Moving Mindz.
3. While accessing the Wellness Platform domain and/or using the Website and Mobile Application they:
   • Shall only use the Website Platform or the Website and Mobile Application for purposes and in the manner permitted under the Moving Mindz Terms and Policies.
   • Shall not upload any unlawful content, objectionable or offensive to third parties content, infringing content.
   • Shall access (or attempt to access) the Wellness Platform domain or the Website and Mobile Application only through the interfaces provided by Moving Mindz.
   • Shall not use, copy, distribute or commercially exploit content appearing on the Wellness Platform domain and/or Website and Mobile Application except as permitted with

Moving Mindz’s prior written consent.

• Access to the Wellness Platform domain is provided upon being signed up as a participant in the

Event.  Access to another Participant’s account may not be used without prior permission, and each Participant is solely responsible for the activity that occurs on their account, and must keep their account password secure. Moving Mindz must be notified immediately of any breach of security or unauthorised use of your account.

• Content, other than Survey Data, placed on the Wellness Platform domain and/or the Website and Mobile Application (to the extent permitted) by the Participant remains the property of the Participant. Moving Mindz claims no copyright or other ownership in respect of the same. However, it is hereby clarified that by uploading text, images, videos, sound files or any other form of content on to the Wellness Platform domain and/or the Website and Mobile Application or communicating with Moving Mindz (in cases where it may be reasonably educed from the communication that you expect to make the same available to the other participants/users of the Wellness Platform domain and/or the Website and Mobile Application), by default Moving Mindz is granted an irrevocable, royalty-free, world-wide, perpetual license, to use that content/communication for nil consideration in any way Moving Mindz may deem appropriate. In the event that Moving Mindz merges, sells or there is any change control of its business or the Wellness Platform domain or the Website and Mobile Application, Moving Mindz shall have the right (without seeking any consent) to transfer, novate or assign the information, content and rights collected as per the Moving Mindz Terms and Policies to the relevant third-party.

• Survey Data belongs to Moving Mindz.

• The layout or appearance of the Wellness Platform domain and/or the Website and Mobile Application nor any computer software or code contained in the Website and Mobile Application may not be modify, copied, decompiled, disassembled or reverse engineered in any form, or any attempt made to otherwise discover or access any source code related to the Wellness Platform domain and/or the Website and Mobile Application.

• Text, images, videos, sound files and other forms of content (as supported) may be uploaded on to the Wellness Platform domain and/or the Website and Mobile Application (to the extent permitted). All contents uploaded on to the Wellness Platform domain and/or the Website and Mobile Application will be reviewed by a Moving Mindz before being published. Moving Mindz may be in its sole discretion determine the suitability of the content uploaded for publication on the Wellness Platform domain and/or the Website and Mobile Application. Further, Moving Mindz reserves the right to remove or withdraw any content at any time in its sole discretion.

• All content uploaded on the Wellness Platform domain and/or the Website and Mobile Application must belong to the Participant. Material that is owned by third parties, or subject to copyright, must not be published on the Wellness Platform domain without the explicit written permission of the copyright holder or owner. This includes text, images and sound files from third party websites.

1. Any content that is offensive in any way must not be published on the Wellness Platform domain and/or the Website and Mobile Application. This includes, but is not limited to, obscene, pornographic, insulting, racist, defamatory, and discriminatory material, in any form – text, images, sound files or other media. Links to websites that contain such offensive information must not be published on the Wellness Platform domain and/or the Website and Mobile Application. The decision of Moving Mindz as to what constitutes offensive material shall be final.

1. If a Participant believes any content put on the Wellness Platform domain by any other person is abusive, it may be report to Moving Mindz. If an issue is reported as being abusive, Moving Mindz shall review the report and shall take such action, as Moving Mindz deems appropriate. 

1. Moving Mindz hereby reserves the right to:
   1. Remove any unlawful content, objectionable or offensive to third parties content, infringing content as and when reasonably brought to the attention of Moving Mindz;
   1. modify or withdraw, temporarily or permanently, the Wellness Platform domain (or any part of it). All reasonable efforts will be made to provide timely warning of such loss of service. However, Moving Mindz is not responsible for backing up or saving any material placed on the Wellness Platform domain. Participants are strongly advised to keep backups of any and all material uploaded on the Wellness Platform domain; and/or
   1. change these Terms, Conditions & Privacy from time to time. Continued use of the Wellness Platform domain (or any part of it) by a Participant following such change shall be deemed to be acceptance of such change. It is the Participant’s responsibility to check regularly to determine whether the Usage Terms have been changed; and/or
   1. monitor any activity and content associated with the Wellness Platform domain and/or the Website.
2. The Website and Mobile Application may consist of several links or features generated by third parties. Such websites may have their own usage terms and conditions, which should be complied with such that they are not in conflict with Moving Mindz Terms and Policies. If they are in conflict with Moving Mindz Terms and Policies then Moving Mindz must be notified and Moving Mindz will then determine in its own discretion solely as to conduct to be undertaken by Participant and Moving Mindz. It will be the Participant’s responsibility to check the terms and conditions and privacy policy of any such third parties before submitting any such information or any other data with them. Moving Mindz shall not be held liable for any content published or breach of any security on the part of those websites. 
3. Participants are given access to Wellness Platform domain in good faith. Any abuse of the facilities will lead to suspension and/or permanent removal from the Wellness Platform domain. Such abuse includes publication of offensive or fraudulent material, publication or linking to computer viruses or other forms of electronic attack, interfering with the sites of others hosted by the Wellness Platform domain server, attempts to undermine the security of the server or to affect its day to day running, rendering the Wellness Platform domain and/or the Websiwww.MovingMindz.co) and Mobile Application or any third party website, the links of which are provided on the Website and Mobile Application, less efficient or impairing its security, effectiveness or functionality, violating or infringing the rights of any person, firm or company (including, but not limited to, intellectual property rights, confidentiality or privacy rights), attempting any unauthorized access to any part or component of the Wellness Platform domain and/or the Website and Mobile Application and any other activity deemed by Moving Mindz to be abusive in nature.

1. The Moving Mindz Wellness Platform domain may contain hyperlinks to external websites operated by third parties. Moving Mindz has no control over the content of external websites and is not responsible for their content. The inclusion of a hyperlink to an external website is for convenience, and does not in any way constitute an endorsement of the external website’s contents, products, services, or associated entities, by Moving Mindz. The persons accessing or relying on the Wellness Platform domain and/or Website and Mobile Application are deemed to have read, understood and assented to this Policy.
2. Uploading text, images, videos, sound files and other forms of content on the Wellness Platform domain indicates acceptance that it will be visible to anyone on the internet.
3. Providing your personal details on the Wellness Platform domain and/or the Website and Mobile Application indicates acceptance that Moving Mindz may use these details to contact Participants with details of events, opportunities, newsletters and any other relevant communication. Moving Mindz is committed to protecting the privacy and confidentiality of information provided by Participants in accordance with the Privacy Policy. 
4. Moving Mindz does not verify information placed on the Wellness Platform domain and/or the Website and Mobile Application by other participants and makes no warranties, whether express or implied in relation to the accuracy or efficacy of any such information.
5. Participants assume total responsibility and risk when they use the Moving Mindz Wellness Platform.
6. Access to the Wellness Platform domain and the Website and Mobile Application is on an “as is” basis and Moving Mindz does not make any express, implied or statutory warranties, representations or endorsements whatsoever (including, but without limitation, the  warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose) with regard to the Website and Mobile Application and/or the Wellness Platform domain or the availability of the same. Moving Mindz expressly disclaim any and all implied warranties. Some states may not permit the disclaimer of warranties so the forgoing disclaimer may not apply to you.
7. Please note that the Website and Mobile Application is managed and operated from Australia. While the Website, Mobile Application and the Wellness Platform domain are accessible worldwide, not all features, product and/or services provided on or through the Website and Mobile Application and/or Wellness Platform domain may be accessible or available or suitable for all persons or in all geographical locations. Moving Mindz reserves its right to restrict the access or availability of any feature, product or service to any person or any area accordingly.
8. Moving Mindz will make its reasonably best efforts to ensure smooth and error-free availability of the Wellness Platform domain and/or the Website and Mobile Application at all times during the course of the various challenges including; sleep challenge, nutrition challenge and an activity challenge. However, Moving Mindz shall be under no liability for any downtime or malfunction of the Wellness Platform domain or the Website and Mobile Application and no warranty is given that the Wellness Platform domain or the Website and Mobile Application and their contents are free from infection by viruses or anything else which have or might have contaminating or destructive properties.
9. While reasonable care and skill is employed by Moving Mindz in operating the Website and Mobile Application and the Wellness Platform domain, it does not warrant or represent that the Wellness Platform domain and/or Website will at all times be error-free, virus-free or harmless, and disclaims any and all liability for loss or damage arising out of the use of the Wellness Platform domain and/or Website and Mobile Application. The persons accessing the Wellness Platform domain and/or Website and Mobile Application are solely responsible for assessing the relevance and accuracy of its content. Moving Mindz does not indemnify any party in relation to any dealing by that party with this Website which is contrary to the Moving Mindz Terms and Policies or to applicable law.

• Moving Mindz shall not be liable for any delay in performing any of its obligations in respect of the Wellness Platform domain and/or the Website and Mobile Application if such delay is caused by circumstances beyond Moving Mindz’s reasonable control.
• Participants agree to abide by the Moving Mindz Honour Code as follows:

“When entering my data/steps/activity for each day, I affirm that I will uphold the highest principles of honesty and integrity throughout the Moving Mindz’s various challenges including; sleep challenge, nutrition challenge and an activity challenge. I will foster an atmosphere of mutual respect and trust amongst my teammates and fellow Participants.”

• To maintain the integrity of the Event, Moving Mindz has the right to amend, alter, reduce or increase data entry/ step counts and activity levels, or to withdraw or disqualify teams or individuals, or suspend the Participant’s access to the Wellness Platform domain and/or or Account, if in the opinion of the Board of Directors or delegate, actions have taken place which do not conform with the spirit of the event.  In all cases, the decision of Moving Mindz will be final.
• If a Participant breaches any of the Moving Mindz Terms and Policies, Moving Mindz may withdraw or disqualify teams or individuals, or suspend the Participant’s access to the Wellness Platform domain and/or or Account and reserve the right to take such legal action as Moving Mindz may deem appropriate.

Any queries in relation to the Moving Mindz Wellness Platform domain, should be directed to support@Moving Mindz.co.

Jurisdiction

The contract for the Participating Company, the SPP, and the Participant, in respect of the Event shall be deemed to have been made in Melbourne, Victoria, Australia and shall be governed by laws of Victoria, Australia and any disputes or claims shall be submitted to the sole jurisdiction of the appropriate court situated in Victoria, Australia.

Variation

No variation to these Terms and Conditions as between the Parties shall be enforceable unless the same is made in writing and is duly executed by Participating Company, the SPP, or the Participant, as applicable, and Moving Mindz.

Severability

The Parties hereby acknowledge and agree that each of the Terms and Conditions shall be binding upon them except to the extent any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable. The Participating Company, the SPP, and the Participant, further acknowledge and confirm that any part of such Terms and Conditions can be severed without affecting the validity or enforceability of any other part. Each Party agrees to be bound by these Terms and Conditions.

Miscellaneous

The parties agree that they must do all things necessary (including the execution of any further documentation) in order to give effect to the parties’ rights and obligations of the parties in respect of the Event set out in these Terms and Conditions or on the Website and Mobile Application.

These Terms and Conditions and/or any other terms/policies set out in Website and Mobile Application are not to be construed to the disadvantage of a party because any other party was responsible for its preparation.

The Participating Company and Moving Mindz warrants to each other that it is duly incorporated and has the power to bind itself in the manner contemplated by the Terms and Conditions and/or any other terms/policies set out in Website and Mobile Application.

Each Party agrees to be bound by these Terms and Conditions.

MOVING MINDZ COLLECTION STATEMENT AND PRIVACY POLICY

Moving Mindz PTY LTD. (“Moving Mindz”) is a private company incorporated under the provisions of the Corporations Act 2001 (Cth).[SB2] 

Moving Mindz respects the rights and privacy of its Participants. Moving Mindz is committed to fully implementing and complying with data protection principles and ensuring that you retain your privacy while availing the services offered by it. It has thus adopted this privacy policy (“Privacy Policy”) in relation to any information which may be collected through this website i.e., www.Moving Mindz.co and other sub-domain(s) available thereunder (the “Website”), to the extent the same is not contrary or repugnant to the applicable laws. The purpose of this Privacy Policy is to tell you what kind of information Moving Mindz may gather about you when you visit this Website, how Moving Mindz may use that information, whether Moving Mindz discloses it to anyone, and the choices you have regarding Moving Mindz’s use of, and your ability to correct this information. This Privacy Policy allows you to choose what kind of and how much information you provide to Moving Mindz and to control how Moving Mindz uses whatever information is obtained by it.

Personal Information

By using the Website and/ or by providing your information (including personal and sensitive personal information), you consent to the collection and use of the information you disclose on the Website in accordance with this Privacy Policy, including but not limited to your consent for sharing your information as per this Privacy Policy. Moving Mindz will however only collect personal information when you provide it to Moving Mindz. Moving Mindz will not use any identifying information about you.

Moving Mindz collects anonymous and personal information primarily to make it easier and more rewarding for you to use Moving Mindz’s services.  This includes information which might enable you to be identified, such as your name, e-mail address or postal address, and depending on the service you are accessing could include information about what you like and do not like. 

If Moving Mindz holds your personal information, it will provide you with access to the information to review it and also have it corrected to the extent it is deficient, incomplete, incorrect, and unnecessary or outdated. Moving Mindz will take reasonable steps to correct the inaccuracies in your information upon your written request. For the same Moving Mindz may ask you to verify your identity and to provide other details to help us to respond to your request and shall not be responsible for authenticity of the information provided by you. 

To the extent Moving Mindz uses your personal information to its services, you have the ability to opt-out of such uses. For withdrawal of consent for providing your personal information to Moving Mindz please send an e-mail to the administration support team of Moving Mindz at support@Moving Mindz.co. In such cases, Moving Mindz will be under no obligation to provide or continue providing the services for which such information was provided.

Moving Mindz operates secure data networks that are designed to protect your privacy and security. Moving Mindz will only use the personal information you have chosen to provide us for the purpose for which you provided it. Moving Mindz will not use it for any other purpose without your consent.

In general, you can browse the Website without telling Moving Mindz who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us.

Moving Mindz Collection Statement

Moving Mindz may collect personal information, as well as sensitive personal information about you during registration process and by means of surveys and health assessments before, during and after the Moving Mindz various challenges including; sleep challenge, nutrition challenge and an activity challenge.  This data may be used for aggregate reporting purposes, to assess and advise you on your health and wellbeing needs, and for scientific research purposes with appropriate ethics approval.  An example of academic research carried out using information collected by Moving Mindz may be viewed here.

You may receive a summary of your health and wellbeing scores based on the data that you submit. Moving Mindz may also indicate how your score compares to an overall event or population scores. Reports are supervised by qualified academic personnel who are trained to interpret results. You may get suggestions for continuing to improve your health and wellbeing. THIS IS NOT HEALTH ADVICE. Our qualified academic personal ARE NOT medical or mental health professionals and you must not take the recommendations as anything more than observations interpreted from the collected data. You should seek medical and mental health advice from medical and mental health professionals.

Sometimes Moving Mindz may specifically ask for personal information about you when you sign up to use a service through the Website. Certain information may be required (such as your name, age, internet address or screen name, billing address, type of computer or device) to provide that service or product to you. Information collected from you may also be used to send you relevant communication related to additional products and services which may interest you, newsletters, health and nutrition tips, updates and information, marketing information, to administer contests you have participated in, notify you about the same, improve the Website and its functionalities, to display content based on your interests, etc.

If you provide us with personal information about other individuals, you must ensure that those persons have been made aware of the above matters. Where the information collected relates to health, criminal records, or other sensitive information, you must obtain it with the individual’s consent. 

You may also have the ability to add the personal information of third party individuals into the Website for invitational and registration purposes. Please note that such information will be used for the limited purpose it has been provided for.

Moving Mindz Survey and Health Assessment FAQ’s

Moving Mindz is a workplace health and wellbeing intervention designed to encourage participants towards a healthy lifestyle. As part of this objective, we conduct surveys and health assessments to enable us to provide feedback to you on your progress, to assess the effectiveness to your organisation of participating in Moving Mindz, and to assist in improving Moving Mindz as a platform.  The data may also be used for scientific research purposes with appropriate ethics approval.  The following FAQs summarize the purpose of our surveys and health assessments and our commitment to your privacy. 

• What will I gain from participating?

The user surveys are designed to provide you with feedback on your progress towards a healthy lifestyle. The demographic, health and lifestyle information you provide is used to provide you with scores to assess your wellbeing and overall health. 

• What will I be asked to do?

You will be asked to complete surveys at the beginning of and towards the end of the Moving Mindz event. You may also be asked to complete surveys during the event.  The surveys are short online questionnaires that take around 10-15 minutes to fill out. The survey questions include basic demographic, lifestyle, health & wellbeing information.

• How will the information I give be used?

The information you provide is used by Moving Mindz to compute scores of wellbeing and health that we feed back to you to assess your progress, to assess the effectiveness to your organisation of participating in Moving Mindz, and to assist in improving Moving Mindz as a platform.  The data may also be used for scientific research purposes with appropriate ethics approval.

An additional goal of Moving Mindz is to improve health and wellbeing in the community. For this objective, de-identified survey information may be used for the purposes of scientific research with Moving Mindz’s independent scientific research collaborators. This research will only take place if appropriate ethics approval has been received.  Your information will allow researchers to use your demographic questions together with the information on your health and lifestyle (but without any identifying information about you) to find out whether the amount of time and activity completed by participants in Moving Mindz are related to improvements in health and wellbeing.  From the results, the researchers plan to develop reports and presentations. These reports will be based on de-identified group results ensuring that they contain no information able to identify individual participants. 

• What are the potential risks of providing this information?

Your survey information is confidential. Your individual health feedback scores are private and are not shared. Any analysis or research that utilises Moving Mindz data uses de-identified data that is separated from your individual identifying information. 

• How will my information contribute to research?

The research using de-identified information described above is conducted independently of Moving Mindz by internationally recognised university investigators at major tertiary institutions.  Only after they receive approval for their specific research projects from their institutional ethics committees and Moving Mindz can the data can be analysed. Thus, your de-identified data can contribute to research projects performing independent analysis to assess the effectiveness of Moving Mindz in areas such as mental health, cardiovascular health, diabetes risk, sleep, wellbeing and physical activity, and remain confidential at the same time. 

• What do I have to do if I don’t want my information contributing to research?

If you do NOT consent that your de-identified data contribute to research as described above, your data provided to Moving Mindz will only be used for feedback to you from your participation, to assess the effectiveness to your organisation of participating in Moving Mindz, and to assist in improving Moving Mindz as a platform.

If at any time during your participation at Moving Mindz you wish to withdraw that your de-identified data contribute to research as described above, please send an e-mail to the administration support team of Moving Mindz at support@Moving Mindz.co. In this email simply use ‘withdraw my information’ or ‘withdraw my data’ in the header. The Moving Mindz administration team will respond to you within 48 hours notifying you that you have withdrawn your consent that your de-identified data contribute to research and that your questionnaire data will not be made available for research as described above.  

• Who else will have access to my information?

Personal survey information is held securely by Moving Mindz on encrypted servers. Survey data is separated from any information that could be used to identify you. De-identified survey information may be used by Moving Mindz for the purposes of event planning and assessment, and for the purposes of scientific research with appropriate ethics approval. 

Use of Anonymous Information

Moving Mindz automatically gathers anonymous information to monitor the use of the Website. Moving Mindz only uses such data in the aggregate. Moving Mindz may publish or provide this aggregate data to other people.

Advertising on the Website

Moving Mindz may be associated with various third parties to either display their advertising on the Website or to manage Moving Mindz’s advertising on other sites. Moving Mindz’s third party associates may use cookies and other tracking application/device to collect anonymous information i.e., non-personally identifiable information about your activities on the Website as also on other websites. This is done to provide you targeted advertising based upon your interests.

Cookies

This Website currently uses cookies and Google Analytic Code. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer’s hard drive. One of the reasons for using cookies is to identify the total number of users of a site and measure traffic patterns for research purposes. Cookies may also be used by sites that offer personalised or customised content so that a user’s preferences can be “remembered” when they return to the site. Google Analytic Code is a web analytics code which uses “cookies” to enable us to analyse how you use the Website.

Moving Mindz may collect information via cookies. If Moving Mindz collects personal information via cookies, then that personal information will be dealt with by Moving Mindz in accordance with this privacy policy. In other words, information collected via cookies will be treated in the same way as any other information and used only for purposes set out in this policy.

The cookies can be removed by following directions provided in your internet browser’s “help” directory. Rejecting the cookies will not affect your use of the Website, but your access to some areas of the Website may be limited.

Third party application allowing users to share content on the web may also use cookies and/or other tracking applications. Moving Mindz’s privacy policy does not regulate the use of such technology by the third party and does not have access or control over these applications. No personally identifiable information is collected by or transferred to this application by Moving Mindz.

Disclosure

There will be occasions where it will be necessary for Moving Mindz to disclose your personal information and sensitive personal information to third parties. Moving Mindz may be required by law to disclose the information, or Moving Mindz may be required to disclose your personal information to third parties to provide the service you have requested, for research purposes according to the requirements of ethics approval, to resolve disputes, troubleshoot problems help promote a safe service, customize your experience and enforce our terms and conditions. However, the disclosure will only be made where it is necessary to fulfil the purpose for which you disclosed your personal information or sensitive personal information. Otherwise than stated above, Moving Mindz does not disclose personal information that you may give it such as your name, address, email address or telephone number, to any organisation or person outside Moving Mindz unless you have authorised it to do so.  Further, before sharing any of your personal and sensitive personal information with any third party, Moving Mindz will ensure that the third party concerned maintains at a minimum, reasonable data practices for maintaining the confidentiality and security of the personal and sensitive personal information and preventing unauthorized access.

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Policy Modification

Moving Mindz may periodically review and update this privacy policy in accordance with its privacy practices then in effect. Notification of such modification will be provided to you (either by email or by means of a notice on this

Website prior to the change becoming effective). It is your responsibility to regularly check Moving Mindz’s privacy policy to apprise yourself of such changes and your continued use of the Website following such change shall be deemed to be your acceptance of such changes.

Grievance Officer

For any queries related to this Privacy Policy, correction of any personal information provided by you or for making a complaint about breach of privacy, you may contact the Moving Mindz Grievance Officer at support@Moving Mindz.co.

EVENT SPECIFIC TERMS AND CONDITIONS – October 15^th -4^th December

Event Period

The 50-day event’ shall commence on October 15th, 2018, and conclude on December 4, 2019, inclusive of both days. The website will remain open for participants to enter the activity for a further 50-days from December 4^th to January 23^rd 2020

Participation Fees

The  Participation Fee for participating in the various challenges including; sleep challenge, nutrition challenge and an activity challenge Event shall be:

All fees are exclusive of GST[SB3] , which shall be levied additional where applicable.

Further Information

For further information, contact either your Company Program Manager or write to us at support@Moving Mindz.co.

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