Event by Moving Mindz and the participation by
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.
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.
Invoicing process which confirms its and its employees’ participation in the Event and their obligation to pay for such participation.
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.
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.
These Terms and Conditions shall remain in effect from:
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.
Unless the Parties otherwise agree in writing –
no later than the commencement date of the Event.
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.
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 undertakes that it will:
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;
The Participating Company/SPP/Participant, undertakes as applicable:
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
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.
The Participating Company, or the SPP, hereby acknowledges, accepts, understands and confirms that
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:
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.
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.
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:
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.
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).
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.
Moving Mindz’s prior written consent.
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.
“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.”
Any queries in relation to the Moving Mindz Wellness Platform domain, should be directed to support@Moving Mindz.co.
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.
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.
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.
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
Moving Mindz PTY LTD. (“Moving Mindz”) is a private company
incorporated under the provisions of the Corporations Act 2001 (Cth)
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 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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
EVENT SPECIFIC TERMS AND CONDITIONS – October 15th -4th December
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 4th to January 23rd 2020
For further information, contact either your Company Program Manager or write to us at support@Moving Mindz.co.