Terms & Conditions

1. These Terms and Conditions govern your use of the Get Active Week website operated by the State of Victoria as represented by the Department of Jobs, Precincts and Regions (ABN 83 295 188 244) of 1 Spring Street, Melbourne Victoria, 3000 (“We”, “the State” or “the Department”).

2. The Get Active Week website (Website) is this website, available at www.moments.getactive.vic.gov.au.

3. When you use or access the Website, you agree to these Terms and Conditions and to the Get Active Week Privacy Policy (the “Privacy Policy”) available on the Website.

4. You must stop using or accessing the Website if you do not agree to these Terms and Conditions.

5. To access some of the content on the Website, you will be required to provide your first name, valid email address, and postcode (Data).

6. Participants aged under 15 years should obtain the consent of their parent or legal guardian before providing their Data.

7. By providing your Data you give the State permission to use the Data provided by you 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.

8. We will handle any Personal Information (as defined by the Privacy and Data Protection Act 2014 (Vic)) we collect about you in connection with your use of the Website in accordance with the Privacy Policy. Your Personal Information may be used to email information and incentives about Get Active Week or Get Active Victoria to you.

9. We may update, modify, terminate or suspend the Website at any time and for any reason, without providing notice to you.

10. We may update these Terms and Conditions from time to time and will make these updates available via the Website. If you do not agree with any amendments to these Terms and Conditions, you must cease using the Website.

DISCLAIMER

11. The Website is provided for the purpose of your general information only and you acknowledge that the Website is not offered, or intended in any way to be used, as a service to assess, maintain or improve your health.

12. The Website may display or permit linking to other websites, applications or other products or services operated by third parties not monitored or controlled by the State (Third-Party Services). By using the Website you acknowledge that these Third-Party Services are not provided to you by the State. The State is not responsible for the accuracy, quality, reliability or completeness of any content of the Third-Party Services, nor the safety of using the Third-Party Services. The State expressly disclaims any liability to you for any loss or damage incurred by you because of any use by you of, or reliance by you on Third-Party Services. Before using Third-Party Services you should read and understand the terms and conditions and privacy policy provided by the respective provider.

13. Use of the Website may require that your device has access to internet. By using the Website 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 the Website You also acknowledge that some features of, the Website may be affected by the suitability and performance of your device or internet access.

14. By using the Website, you acknowledge that the Website is intended for fitness and wellness purposes only. Prior to engaging in any fitness regime or routine contained in, the Website, 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 the Website.

15. By engaging in any fitness regime on the Website 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 the Website, including but not limited to using, viewing, relying on and taking instructions from any videos appearing on the Website, you are solely responsible for making any determination as to whether such use or reliance is suitable for you.

EXCLUSION AND LIMITATION OF LIABILITY

16. 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, the Website, or any content or video or other material set out on the Website.

17. 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.

18. Subject to the liability position described above, the Website is provided on an “as is” and “as available” basis. You use the Website 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 the Website and enter into these Terms and Conditions.

19. Subject to the liability position described above, we provide no warranty or guarantee and make no representation that the Website: (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.

20. If you experience any issues accessing the Website, you can contact us at getactive@sport.vic.gov.au.

21. Without limiting any other rights we have to suspend or terminate the Website. we reserve the right to delete your Data without providing notice to you.

22. You can unsubscribe from receiving future communications through the “unsubscribe” link attached to an email communication from the Department.

23. These Terms are governed by and are to be construed in accordance with the laws applicable in Victoria, Australia.

24. 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.