These Terms and Conditions govern your use of the Get Active Victoria account, website and mobile application operated by the State of Victoria as represented by its Department of Jobs, Precincts and Regions (ABN 83 295 188 244) of 1 Spring Street, Melbourne Victoria, 3000 (Department).
The Get Active Victoria website (Website) is this website, available at getactive.vic.gov.au which offers a whole range of workouts, challenges, games and ideas to inspire everyone to move more, every day.
A Get Active Victoria mobile application (App) may be offered as part of the Get Active Victoria program and, if so, will be available on the App Store and Google Play. The App allows participants to view online resources and track fitness activity.
You must stop using your Account, the Website and the App if you do not agree to these Terms and Conditions.
Participants aged under 15 years (Young Participants) must obtain the consent of their parent or legal guardian to set up an Account, use the Website and the App. The Young Participant’s parent or legal guardian must first set up an Account, log in and add the Young Participant as an Account Member. By adding the Young Participant, the parent or guardian agrees to be bound by these Terms and Conditions.
We may update these Terms and Conditions from time to time and will make these updates available via your Account and on the Website and App. If you do not agree with any amendments to these Terms and Conditions, you must cease using your Account, the Website and App.
We may update, modify, terminate or suspend your Account, the Website or App at any time and for any reason, without being obligated to provide notice to you.
In order to access and use your Account, the Website and App, you may be required to provide certain information such as your full name, age, valid email address, contact number and levels of physical activity (Data). If you are a Young Participant, your parent or legal guardian may also be required to provide their full name and valid email address when adding you as an Account Member.
By using your Account, the Website or App, you irrevocably give the State of Victoria and the Department (together the State) permission to use Data provided or uploaded to your Account, the Website or App, including but not limited to reproducing, publishing, adapting and communicating the whole or any part of the Data, in a de-identified format, for any purpose of the State connected with encouraging physical wellbeing and the Get Active Victoria program without attribution, payment or compensation to you. Your Data may be shared with research providers and information technology companies in de-identified form.
You may only use your Account, the Website or App for the purposes of tracking fitness activity, accessing workouts, games and challenges, creating teams, accessing information, tips and tools to find ways to move in and around home and in your community (Permitted Use).
We grant you a limited, non-exclusive, non-transferable and revocable licence to use your Account, the Website and App in accordance with the Permitted Use. By using your Account, the Website or App, you represent and warrant that you will use your Account, the Website and App in accordance with the Permitted Use only and that you will not: (a) misuse your Account, the Website or App; or (b) upload or share to your Account, the Website or App, in any format, any content or material that is offensive, defamatory, misleading or deceptive.
COPYRIGHT AND INTELLECTUAL PROPERTY
Where we permit, you may upload or share material to your Account, the Website or App (for example, videos, photos, testimonials, programs and reviews). We acknowledge that you own all copyright (existing and future) and all other intellectual property rights in material you upload to the Website or App (Your Material).
By uploading or sharing Your Material to your Account, the Website or App, you grant us a non-exclusive, non-transferable, royalty free licence to use, copy, modify and reproduce Your Material for any purpose of the State connected with encouraging physical wellbeing and the Get Active Victoria program without attribution, payment or compensation to you.
We may take down or remove any of Your Material from your Account, the Website or the App that we determine, in our absolute discretion, to be offensive, defamatory, misleading or deceptive, in breach of third party intellectual property rights or otherwise inappropriate, without any requirement to notify you of its removal.
Your Account, the Website and App are provided for the purpose of your general information only and you acknowledge that your Account, the Website and App are not offered, or intended in any way to be used, as a service to assess, maintain or improve your health.
Use of your Account, the Website or App may require that your mobile device have access to internet. By using your Account, the Website or App, you acknowledge that network or mobile provider rates and fees may apply. You are responsible for any rates and fees, including but not limited to data fees, that you may be charged by your network or mobile provider when accessing your Account, the Website or App. You also acknowledge that some features of your Account, the Website and App may be affected by the suitability and performance of your mobile device or internet access.
By using your Account, the Website or App, you acknowledge that Get Active Victoria, your Account, the Website and the App are intended for fitness and wellness purposes only. Prior to engaging in any fitness regime or routine contained in your Account, the Website or App, you should obtain medical advice and consult with a qualified medical and health care professional to determine whether any such fitness routine or regime is safe for you and suitable for your particular purposes. You are responsible for assessing whether you have any injuries, health issues or restrictions which would render you unsuitable to use any fitness regime, routine or suggestion set out on your Account, the Website or App.
By engaging in any fitness regime on your Account, the Website or App, you warrant that you are fit to participate in that activity and that there is nothing preventing you from doing so. In determining whether to use any content on your Account, the Website or App, including but not limited to using, viewing, relying on and taking instructions from any videos appearing on your Account, the Website or App, you are solely responsible for making any determination as to whether such use or reliance is suitable for you.
EXCLUSION AND LIMITATION OF LIABILITY
To the fullest extent permitted by law, the State expressly disclaims any liability to you for any liability, loss, damage or expense incurred by you as a result of any use by you of, or reliance by you on, your Account, the Website or App, or any content or video or other material set out on your Account, the Website or App.
If we are liable for a breach of a guarantee implied by law and that liability cannot be excluded by law but can be limited, our liability is, to the fullest extent permitted by law, limited to supplying the relevant services again.
Subject to the liability position described above, your Account, the Website and App are provided on an “as is” and “as available” basis. You use your Account, the Website and App at your own risk and acknowledge that: (a) you have not relied on any statement, representation, warranty, conduct or undertaking made or given by us or any person on our behalf, other than those expressly stated in these Terms and Conditions; and (b) you have relied on your own skill and judgment in deciding to use your Account, the Website or App and enter into these Terms and Conditions.
Subject to the liability position described above, we provide no warranty or guarantee and make no representation that your Account, the Website or App: (a) will be error-free or available at all or any time; (b) will contain accurate, up to date or complete information; (c) will be compatible with your hardware, software and other systems; (d) will not contain any viruses or disruptive code; (e) will not infringe any person’s rights (including intellectual property rights); and (f) will be fit for a particular purpose.
Without limiting any other rights we have to suspend or terminate your Account, the Website or App, if your Account has been inactive for more than 24 months, we reserve the right to deactivate your account without any obligation to provide notice to you. Upon any such deactivation, we may delete or remove your Data, Your Material and other information related to your account.
These Terms are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia.
If any part of these Terms and Conditions is void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these Terms and Conditions will remain in full force and effect.