AND NOW FOR THE FINE PRINT

24th March 2017

User agreement

By visiting and/or using https://globalchallenge.virginpulse.com website and its associated services and functions ("Website") you agree to be bound by this user agreement and the terms of our Privacy Policy ("agreement").

This agreement is formed between anyone who visits this Website ("you" and "your") and Gettheworldmoving Limited T/A Virgin Pulse Company Number 6362225 (a company incorporated in the United Kingdom) and each of its subsidiaries, affiliates, associated companies and related entities, ("we", "us" and "our").

By using this site you agree to the terms of use; If you do not agree to any provisions of this agreement, you must not use the Website.

We reserve the right to make changes to this agreement from time to time at our sole discretion. These may take effect immediately. By continuing to use the Website following the making of those changes, you agree to be bound by the changes. You should check our agreement and policies from time to time, especially when ordering goods or services, to acquaint yourself with the current versions of those documents.

Registration

In order to make purchases and access some features of the Website, you may need to be a registered member.

You may not use another member's account.

When registering to become a member and activate an account, you must provide personal information such as your name and address, and a valid email address. You agree to provide accurate and complete information and to keep this information current.

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.

If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you agree to notify us immediately.

Legal Capacity

By making an on-line purchase or setting up an account you accept these terms and conditions and acknowledge that you:

  • if you are a company, you are authorised to bind the company to the terms of this agreement; and
  • are over 18 years of age, and
  • are entering into a legal contract with us.

Should we suffer any loss or damage, as a result of a transaction entered into by a minor, we reserve the right to take legal action and seek compensation for such losses from the parents or guardians of the minor who caused the order to be placed.

Termination

We reserve the right to change (including to alter, remove or add functionality) the Website at any time. We do not guarantee that you will be able to access the Website in the same way or with the same equipment or software you used prior to the change. We may stop (temporarily or permanently) providing access to the Website to you or to visitors or members generally, at our reasonable discretion and without prior notice to you. This will not affect any concluded purchases that you have made. We may terminate your account or restrict your access to the Website without prior notice to you if we reasonably consider that there has been a breach of this agreement or any other of our terms and conditions by you.

Disclaimer

We will provide services with due care and skill but except to the extent required by law we do not warrant that the Website will be provided without fault or disruption. To the extent permitted at law and except as expressed to the contrary in this agreement, we exclude all liability to you or anyone else for loss or damage of any kind, including consequential loss and damage (however caused or arising) relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:

  • errors, mistakes or inaccuracies on the Website;
  • you acting, or failing to act, on any information contained on or referred to on the Website and/or any linked website;
  • personal injury or property damage of any nature resulting from your access to, and use of, the Website and any purchases made from the Website;
  • any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
  • any interruption or cessation of transmission to or from our Website;
  • any bugs, viruses, Trojans or other harmful code or communications which may be transmitted to or through our Website by any third party;
  • failures or deficiencies in relation to the merchantability or fitness for any purpose of any product or service appearing on any linked sites not operated by us or our related entities; and/or
  • failure or deficiencies in relation to any third party wearable devices and fitness trackers (including Jawbone®, FitBit®, Garmin and Misfit) which you choose to connect with our platform, or otherwise use in conjunction with our products or services.

Except if and to the extent only required by law or as otherwise set out in this agreement, we do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party at the Website or any linked website or featured in any banner or other advertising. We will not be a party to or in any way responsible for monitoring any transaction between you and third party providers of products and services.

We do not take responsibility for direct or indirect damages, or consequential losses suffered by use of fraudulent or unauthorised web addresses.

Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law, our liability for breach of the warranty will be limited to the minimum remedy provided for in that law.

Use of Website by you

You agree to use the Website only for purposes that are permitted by this agreement and not prevented by any applicable law or regulation.

You agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by us.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks that host the Website.

You agree not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or the content therein.

You agree not to use, copy, distribute or commercialise content appearing on the Website except as permitted by this agreement, by law or with our prior written consent.

You understand and agree that any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Team Feed Guidelines

The Team Feed is designed for you to interact with your team members throughout the 100 Day Journey. You can connect, interact, inspire, encourage and update your team members on your progress. Team support is a critical factor for helping you achieve your health and wellbeing goals.

With that in mind, there are a few things to consider when posting or commenting on Team Feed:

  • Respect other team members and avoid posting comments which are offensive to others. Material which is deemed as defamatory, discriminatory or offensive is not welcome. Nor are political views and racism.
  • Avoid posting comments or stories that may be considered ‘spam’ by the Global Challenge or other team members, including overly repetitive messages.
  • Only post content relevant to the Global Challenge and within the spirit of the challenge. While we encourage freedom of expression, we encourage you to do this in a mature and responsible manner.
  • The following items are expressly prohibited and any posting of these types of comments shall be grounds for termination of your participation in the Virgin Pulse Global Challenge:
    • comments that threaten, harass or bully another person
    • personal or confidential information of anyone other than yourself
    • another member’s global challenge data, without their permission
    • links that might be considered spam
    • nudity, pornography or profanity
    • misleading information
    • deceptive conduct
    • comments that encourage or incite violence; or
    • any content to which you do not own the intellectual property rights

Global Challenge has the right to delete any posts or comments that do not meet the above criteria, as well as any further action it or your employer may deem necessary, at its or our sole discretion.

In addition:

  • From time to time, the Global Challenge Website may automatically publish your individual achievements to the Team Feed (for example, when you achieve a personal best). If you do not wish to have your individual achievements automatically published to the Team Feed, you can opt-out of this feature at any time through Team Feed settings. By default, you’re opted-out of this feature.
  • If at any time, you opted-in to having your individual achievements automatically published to the Team Feed, but choose to opt-out later, then any individual achievements already published to the Team Feed will remain.
  • Members can be removed from a team for a variety of reasons (e.g. they leave the organization or they are replaced because they become injured). If you are removed from a team, any individual achievements already posted or comments that you made, will remain on that team’s feed.

Orders

The provision of goods and/or services on the Website does not constitute an offer to sell. It is an invitation to treat only.

Orders placed by you are offers to purchase under the terms and conditions in this agreement and our other terms and conditions at the price or fee specified (including delivery and other charges).

We reserve the right to accept or reject your offer for any reason (or no reason) including, but not limited to, the unavailability of any product or service, an error in the price or product description, or an error in your order.

Price and Fees

Unless stated otherwise at the Website, prices and fees are valid only for the specified time period during which the products are advertised for purchase. If a product is advertised subsequently, its price or fee may change.

Supply of Products

Subject to this agreement, we will supply to you the products and services shown on your order confirmation. You understand that we will use our best endeavours to meet stated timeframes for dispatch and delivery, however many factors can affect these timeframes and we cannot guarantee that they will always be met.

We do not allow personal pick up of products.

Warranty

This Limited Warranty applies to the VP PULSETM activity tracker only, supplied or purchased from Get The World Moving P/L T/as Virgin Pulse.

What does this limited warranty cover?

This Limited Warranty covers any defects in the operation of the VP PULSETM under normal use during the Warranty Period. During the Warranty Period, Get The World Moving P/L T/as Virgin Pulse will replace, at no charge, the VP PULSETM that proves to be defective under normal use and maintenance.

How long does the coverage last?

The Warranty Period for VP PULSETM supplied or purchased from Get The World Moving P/L T/as Virgin Pulse is 12 months from the date of despatch or purchase.

What does this limited warranty not cover?

This Limited Warranty does not cover any problem that is caused by: conditions, malfunctions or damage not resulting from defects in material or workmanship such as immersion in water, discharged (flat) battery, damaged packaging.

What do you have to do?

To obtain warranty service, please contact our Customer Service team and detail the fault, and if required return the VP PULSETM as directed by our customer service representative.

Returns

Please choose carefully as we are not obliged to provide a refund or allow an exchange simply because you changed your mind about a purchase.

Packaging and Labelling of Products

We endeavour to depict products available for purchase using accurate images of the products. At times, however, products actually delivered may differ in appearance and packaging from their appearance in images and photographs on the Website.

Products Out of Stock

We reserve the right to notify you that products or services for which you place orders have become unavailable. In the event that you order a product or service from the Website and we later inform you that we no longer stock the product or are unable to provide that service you had originally ordered, we may do one of the following:

  • provide you with a refund to the value of the product or service that was not supplied to you including the delivery fee; or
  • provide you with a substitute for the product of a quality and value equivalent to or greater than the originally ordered product.

Links to third party websites and promotions

The Website may include links to other websites, content or resources. These linked websites, content or resources may be operated by third parties and we may have no responsibility or control over them. The existence of these links does not imply that we endorse the linked website, content or resource. You acknowledge that we do not represent that we have reviewed any of these third party websites, content or resources and we are not responsible for the material contained there.

From time to time, we may promote, advertise, or sponsor functions, events, offers, competitions or other activities that may be conducted offline and may be conducted by third parties. You participate in any such activities entirely at your own risk. We do not accept any responsibility in connection with your participation in activities conducted by any third party. These communications and/or activities may be subject to separate terms and conditions and are conducted in accordance with the terms of our Privacy Policy. For example, the personal information you provide when registering on the Website may be used, or disclosed, for the purpose of sending you marketing or promotional material about a third party business that we believe may be of interest to you. You will be given an opportunity to unsubscribe to any of these communications in accordance with applicable legislation.

Integration with third party devices

By choosing to synchronise any third party wearable devices or fitness trackers (including Jawbone®, FitBit®, Garmin or Misfit) with our platform or otherwise using such devices in conjunction with our products or services, you acknowledge that these devices are designed and programmed by third parties. We make no warranties or representations regarding the functionality of these devices and their compatibility with the Website and any associated applications. We are in no way responsible for their fitness for purpose, accuracy, reliability or otherwise. We accept no responsibility for any loss you suffer in connection with using such devices. Your use of these devices is subject to the terms of our Privacy Policy.

Intellectual property

We reserve all intellectual property rights, including without limitation the Website and specifications or methods used to design, create or otherwise develop the Website but not limited to, copyright in material and/or services provided by us. Nothing in the agreement gives you a right to use any of our marketing material, business names, trade marks, logos, domain names or other distinctive brand features.

Other trade marks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.

If you correspond or otherwise communicate with us in circumstances where it is reasonable from the context of your communication to expect that you intend the correspondence or communication to be made accessible to other users of the Website, then you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved products or services we provide.

Transfer and Assignment

In the event that we merge, sell or otherwise change control of our business or this Website to a third-party, we reserve the right, without giving notice or seeking any additional consent from you, to transfer, novate or assign the personal information, content and rights that we have collected from you and any agreements we have made with you.

Force majeure

We shall not be liable for any delay in performing any of our obligations under this agreement if such delay is caused by circumstances beyond our reasonable control.

Law

This agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any of the provisions of this agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of this agreement so that this agreement shall remain in full force and effect.

This Website is administered and operated from Australia. Although this Website may be accessible worldwide, not all features, products and services noted, provided or offered through or on this Website may be available to all persons or in all geographic locations, or may be appropriate or available for use outside of Australia and we reserve the right to limit the provision and/or quantity of any feature, product or service to any person or geographic area accordingly.

Any offer for any features, products or services made on this Website are void where prohibited.

If you access this Website from outside of Australia, you are solely responsible for complying with applicable local laws.

Waiver

If we do not exercise or enforce any right or provision under this agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this agreement will only be effective if it is in writing and signed by us.

Third Party Devices

Garmin, FITBIT®, Misfit and Jawbone® trademarks used with permission. Fitbit is a registered trademark and service mark of Fitbit, Inc. Virgin Pulse Global Challenge is designed for use with the Fitbit platform. This product is not put out by Fitbit, and Fitbit does not service or warrant the functionality of this product. Microsoft is a trademark of the Microsoft group of companies.