1.1Accepting this Agreement
(a)By using Champion Life, you agree to comply with and be bound by the terms and conditions of this Agreement, together with any additional terms applicable to your Account type. These terms govern your access to and use of the Website and the Service.
(b)If you do not agree to these terms, you have no right to obtain information or otherwise continue using the Website or the Service.
(c)These terms are binding on any use of the Website or Service and apply from the time you first access the Website.
(d)It is your obligation to ensure that you have read, understood and agree to the most recent terms available on Website.
(f)By using the Service you acknowledge that you have read and understood this document and have the authority to act on behalf of any person for whom you are using the Service. You are deemed to have agreed to this agreement on behalf of any entity for whom you use the Service.
(g)We may amend this Agreement at any time by posting with 30 days notice the new terms and conditions on the Website, unless otherwise stated in this Agreement.
2.Conditions of Participation
2.1Conditions of Participation
Each Participant (or in the case of minor Participants, the responsible teacher or school administrator) agrees to the following:
(a)No party is aware of any medical condition, impairment, disease, illness or any other reason why the Participant should not participate in Champion Life and that you have not been advised by a qualified medical practitioner for the Participant not to participate. Where you become aware of any medical condition or impairment that affects the Participant, or the Participant is otherwise sick or injured prior to or during the activities, you will ensure that the Participant discontinues their participation.
(b)Participation in Champion Life is at the Participant’s own risk. Due to the nature of the program, being health and fitness activities, the Participant’s participation may result in strenuous physical activity such as fatigue, injury from use of facilities, equipment or other participants, tripping, falling, recurrence of existing or prior physical injuries or conditions (whether known or unknown).
(c)You acknowledge as either the Participant or on behalf of a Participant that we are not responsible for any injury or loss, you or the Participant may suffer as a result of using Champion Life. Examples of injury or loss include, but are not limited to any muscle, joint and bone injury, head injury, other bodily injury, heart attack, stroke and death, and includes any consequential loss (including loss of wages).
(d)If you suspect that a Participant is experiencing an event described in clause 2.1(b),2.1(b), you agree to or have the Participant immediately stop participating in Champion Life.
(e)It is your responsibility to assess the suitability of the Participant to participate in Champion Life for your own individual circumstances. We recommend that if you are in any doubt or in any way unsure, you should take professional advice from a qualified medical practitioner before a Participant participates in any activities.
Unless the terms and conditions of the Agreement explicitly state otherwise, expressions used in the Agreement have the following meanings:
Account means a membership account to use the Service.
Activities means any activities conducted in connection or conjunction with the Services, including physical activities.
Agreement means this document and any additional policies available on the Website.
Authorised User means any user who have been granted permission to manage, access or make decisions concerning a School Account by the owner of that School Account.
Champion Life means the cloud-based software which delivers immersive health and physical education, and wellbeing engagement resource for school-aged children known as Champion Life.
Data means any material including documents, information or data provided by you to us by way of the PlatformSoftware.
Feature means any functionality option of Champion Life available in your Account.
Intellectual Property Right means all present and future rights conferred by statute, common law or equity (and all moral rights) in, or in relation to, business names, circuit layouts, computer software, confidential information, copyright, designs, domain names, formulas, inventions, knowhow, patents, plant varieties, recipes, trade marks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any application to register such a right and the benefit of any renewal or extension of such a right.
Non Excludable Condition means any guarantee, condition or warranty (such as the consumer guarantees implied by the Competition and Consumer Act 2010 (Cth)), which cannot by law be excluded.
Participant means any individual (whether they be a minor or adult) who partakes in an activity available through Champion Life.
Personal Information has the meaning given to that term in the Privacy Act 1988 (Cth).
Platform means the application which we provide you with access to as part of the Services, which is accessible both via the web and your personal computing devices.
Privacy Act means the Privacy Act 1988 (Cth) and the National Privacy Principles found in Schedule 2 of the Privacy Act as amended from time to time.
Privacy Law means:
(a)the Privacy Act 1988 (Cth); and
(b)any code registered under the Privacy Act or NationalAustralian Privacy Principles.
Posted Content means all information, graphics, HTML, text, software and materials which are uploaded by you to the Website or in connection with the Service.
Renewal Period means the payment period and method for a paid Account subsequent and equal to the initial Subscription Period which may include any permitted variation in accordance with this Agreement.
School Account means the master Account intended for the educational institution to administer Champion Life.
Service means any service provided by Champion Life to you by way of the PlatformSoftware.
Submitted Content means all information, graphics, HTML, text, software and materials which are uploaded by you, or other users associated with you (including students) to the Website or in connection with the Service.
Subscription Period means the payment period and method for a paid Account.
Term means the period of time that you or your organisation hold an active Account.
You means a person or entity using the Services.
Website means the website located at www.championlife.com.au.
You means a person or entity using the Services.
Us, we means Champion Life Education Pty Ltd ACN 168 454 073.
4.1Accessing the Services
You acknowledge and agree that to receive the benefit of the Services, you may be required to:
(a)provide us with Personal Information; and/or
(b)create an Account with us.
If you require an Account, you acknowledge that we offer various account types, and it is your responsibility to review and evaluate your individual situation to determine which account type is appropriate for you.
The Term for an Account begins when you sign up to use the Service and continues until:
(a)you cancel your Account; or
(b)in the case of a test Account, at the expiry of the 30 day period.
4.4Provision of information by End User
You agree to provide any information reasonably requested by us for the purpose of setting up your Account and operating the Service. You warrant that:
(a)all of the information that you provide to us is accurate and complete in all respects;
(b)you will inform us by updating your Account details whenever any such information changes; and
(a)you will not provide false or misleading information with the purpose of altering your account plan and pricing.
4.5Declining Your Account
(a)We reserve the right to reject any new Account in our absolute discretion.
(b)If we decline a paid Account after a payment for the paid Account has been processed, we will refund the payment in full.
(a)School Accounts may designate Authorised Users.
(b)You will be responsible for ensuring that any person you designate as an Authorised Users complies with this Agreement.
(c)In the event that an Authorised User breaches this Agreement, we reserve the right to limit or suspend both the Authorised User Account and, depending on the nature of the breach, the School Account.
You are solely responsible for:
(a)keeping any usernames and passwords associated with your Account for the Services secure; and
(b)the use of your Account, irrespective of who is using it, even if it is used without your permission.
5.1Selecting a Subscription Period
(a)You must select your Subscription Period at the time of registration.
(b)Your Subscription Period will be charged in the currency selected at the time of registration and at the beginning of each Renewal Period.
(c)We reserve the right to vary any aspect of the Subscription Period, including adding or removing a payment method by providing you with 30 days notice.
(d)Where you notify us you do not wish to renew your subscriptionSubscription in accordance with clause 5.25.2, the cancellation will take effect the day after the last day of the current Subscription Period unless at the time of your request, you request an immediate cancellation.
5.2Renewal of the Subscription Period
(a)This Agreement shall automatically renew for a Renewal Period unless you notify us of your intent not to renew within 30 days of the expiration of the current Subscription Period or Renewal Period.
(b)We may elect, at our sole discretion, not to renew the subscriptionSubscription. Where we elect not to renew your subscriptionSubscription we will notify you before the last day of the current Subscription Period or Renewal Period.
If your payment option is declined, we reserve the right to suspend or limit access to the Services until such time as you have paid any amounts in arrears.
5.4Change in Pricing
(a)We reserve the right to vary the prices for access to the Services from time to time (New Price);
(i)If you have a paid Account, we will provide you with 30 days notice of the New Price. The New Price will only be applicable for periods for which you have not yet paid. The price will not be varied retrospectively.
(ii)If you do not have a paid Account, we may vary the price shown on the website at any time without notice to you.
(b)The New Price will be effective from your next payment date and deemed accepted by you, unless you cancel your paid Account before the end of the Subscription Period.
(a)You agree that you will only use the Features as they are designed to be used.
(b)Use of a Feature is at your risk and you agree that we are not liable for any damage suffered by you, either directly, or indirectly, as a result of your usage of any Feature
(c)We reserve the right to modify, change, amend, add or remove a Feature at any time without notice to you.
(a)In respect of Submitted Content, you warrant that you will not upload content:
(i)that is likely to offend, harass, insult or humiliate based on race, religion, ethnicity, gender, age, sexual orientation;
(ii)in breach of any Privacy Law or the Intellectual Property Rights of any third party;
(iii)affected by any computer virus or malicious code;
(iv)connected with "spam" or the process of "spamming";
(v)which is false, defamatory, misleading or otherwise deceptive in any way; or
(vi)in breach of any other clause of this Agreement.
(b)You agree that any comments or opinions that you express will be fair, accurate and genuinely held at the time of communication.
6.3Responsible for Submitted Content
We make no warranties as to the accuracy of any Submitted Content, and will accept no liability for errors or omissions in general.
6.4Services not locally available
You acknowledge and agree that the Service will only be accessible using the Internet (or other connection to our third party servers), and will not be available "locally" from your own servers.
6.5Parts of the services controlled by third parties
You acknowledge and agree that the Service is hosted on servers owned and controlled by a third party. As such, you acknowledge that certain functions are out of our control, including cloud services for servers, data storage and backup.
6.6Services in beta
You acknowledge and agree that all or parts of the Service may be released by us in a beta / testing version, and that in such case, you should use the Services with that standard of stability in mind.
6.7We can change Services at our discretion
We reserve the right to upgrade, maintain, tune, backup, amend, add to or remove items from, redesign, improve or otherwise alter the Services at our sole and absolute discretion.
From time to time, without notice, access to all or part of the Services may be disrupted or limited. During such an interruption, we will use reasonable endeavours to restore access to the Services as soon as practicable.
We reserve the right to make some or all of the Services inaccessible from time to time as is required for upgrades, maintenance and updates. We will use reasonable endeavours to provide you with advance notice of any inaccessible period but you accept that this may not always be possible and we are not liable for any harm or damage you may suffer during an interruption.
(a)You acknowledge and agree that there may be technical or administrative errors in the information about the Services, including but not limited to errors with respect to product description and pricing.
(b)We reserve the right to do any of the following, at our absolute discretion, without notice change, correct or update the Website or Service to correct any error as contemplated in clause 6.1(a).6.1(a).
We will take reasonable steps to ensure that the Service is secure from unauthorised access consistent with generally accepted industry standards in our industry.
6.12Third party links
The Website may contain hyperlinks and other pointers to websites operated by third parties. We do not control these third-party websites and are therefore not responsible for the content of any third-party website or any hyperlink contained in a third-party website. We provide the hyperlinks for your convenience only and do not indicate, expressly or implicitly, any endorsement, sponsorship or approval by us of a third-party website or the products or services offered at a third-party website. Your visit to a third-party website is entirely at your own risk.
6.13Delivery of support and maintenance
We will provide you with support and maintenance in respect of the Services via email only, as determined at our sole and absolute discretion.
7.1Additional Features Generally
From time to time, we may add additional Features to the Platform. Any additional Features we add:
(a)are provided on an ‘as is’ basis and are not guaranteed to achieve any particular outcome;
(b)will only supplement the functionality of the Platform, and are not designed to be used independently of the other Features (unless otherwise stipulated in writing);
(c)may be removed, altered or otherwise changed at any time at our complete discretion.
7.2Wellbeing Monitor and Physical Literacy
(a)The Wellbeing Monitor is a simple ‘before and after’ activity integrated into the Platform which allows users to ‘check in’ about their current emotional state.
(b)Physical Literacy statistics are an extension of the Wellbeing Monitor. They are primarily collected through the use of regular surveys of students within the Platform which ask questions about therr motivation, confidence and perceived competence to be physically active.
(c)The Wellbeing Monitor and Physical Literacy Features are:
(i)designed to be used in conjunction with other features of the Platform;
(ii)a non-complex measurement of approximate student feelings;
(iii)designed to help establish a pattern of regular self-assessment;
(iv)one of several ways in which a teacher could identify students who may need additional assistance; and
(v)entirely reliant on the data reported by the student.
(d)The Wellbeing Monitor and Physical Literacy Features are not:
(i)an advanced psychological assessment tool;
(ii)indicative of any particular underlying issue or issues;
(iii)designed to be used independently of the rest of the Platform;
(iv)a replacement for face-to-face conversation with a student, or professional assistance; or
(v)an adequate intervention for students with significant health and wellbeing issues.
7.3Limitations and Acknowledgements
You acknowledge, understand and agree that:
(a)we are merely the developers of the Platform, and do not monitor your accounts, nor the accounts of your students, for any issues;
(b)where there are concerning statistics or indicators shown by any Feature, the duty is on you and your employees to ensure that any concerning statistics or indicators are acted upon.
(c)while Features may provide valuable insights into the physical and mental wellbeing of students, they should not be relied exclusively to assess the health of any student;
(d)you will ensure that any statistics or insights provided by Features are appropriately assessed and balanced with assistance, advice and insight from professionals qualified in the relevant field; and
(e)you indemnify us fully from any claim, damage or injury which results from your failure to act on any insights provided by a feature, or pair those insights with advice from qualified professionals.
8.Lawful use of service
(a)not to upload, store or access any data on the Services if such access or storage would:
(i)breach any third-party’s Intellectual Property Right;
(ii)breach any Privacy Law; or
(iii)breach any other law or applicable code (including any common law, statute, delegated legislation, rule or ordinance of the Commonwealth, or a State or Territory).
You must not:
(a)use the Service to post or transmit any material which interferes with other users or defames, harasses, threatens, menaces, offends or restricts any person or which inhibits any user from using the Website or the internetInternet;
(b)in any way tamper with, hinder or modify the Website;
(c)knowingly transmit any viruses or other disabling features to the Website or via the Website;
(d)intentionally disable or circumvent any protection or disabling mechanism related to the Website;
(e)install or store any software applications, code or scripts on or through the Website;
(f)use the Services in any way which could be reasonably expected to interfere with or damage our network, any other operator's network, or another user's enjoyment of the Service; or
(g)attempt any of the above acts or facilitate or assist another person to do any of the above acts.
8.3Champion Life’s right to suspend
We reserve the right to:
(a)limit or suspend your access to the Services; and
(b)remove data or content uploaded to the Services by you,
if in our reasonable opinion, you are in breach of any of the obligations or undertakings in this Agreement.
9.2No Privacy Warranty
We make no warranty as to whether your use of the Services will comply with your obligations under Privacy Law or with any foreign privacy laws. It is your responsibility to determine whether the Services are appropriate for your circumstances.
10.1Data storage with third party
We may subcontract the storage of any Data to a third party (or multiple third parties) without notification to or consent from you.
(a)We make no warranties or guarantees, implied or express, in respect of the retention of or continued accessibility of any backups in connection with the Services.
(b)You acknowledge that we have recommended that you take reasonable steps to back up your Data separately from the Services.
10.3Third Party Integrations
(a)In delivering the Services through the Platform, we may offer augmented functionality through interfacing, providing or obtaining data, or otherwise co-operating with a third party and their software and/or services (Integration).
(b)Integrations may have access to some Submitted Content as required. By using the Platform, you expressly authorise us to provide any Submitted Content to Integrations for the purpose of providing the Services.
(c)You acknowledge that the third parties who control the Integrations may:
(i)use Submitted Content to improve their services;
(ii)to the extent permitted by law, use, sell, license, distribute and disclose de-identified and/or aggregated Submitted Content; and
(iii)perform fraud screening, verify identities and verify Submitted Content for use across their network; and agree to the Integrations performing all of the above functions.
(d)While we offer the Integrations and may have agreements with the third parties to whom they relate, we only have control over the Integrations to the extent permitted by our Platform.
10.4Liability for Integrations
(a)We make no guarantee as to the safety, security, merchantability, fitness, reliability or usability of any third party Integrations in the Platform.
(b)Where you suffer any damages, loss or injury due to the acts or omissions of an Integration, your sole and exclusive remedy is to pursue the owner of that Integration for those damages. You release and discharge us for all liability relating to any Integration, except to the extent where we have contributed to any damage, loss or injury.
10.5Use of Data
(a)By using the Platform and providing Submitted Content, you understand, acknowledge and agree that we:
(i)may use that data in any way necessary to ensure you have the appropriate access and use of the Platform;
(ii)may aggregate, distribute, prepare derivative works of, display, perform or otherwise use the data in connection with the Services, Platform or our business, provided that all data is sufficiently de-identified and/or aggregated;
(iii)may share data with any third parties who are integral in the proper functioning of the Platform;
(iv)may share data with any third parties to whom you allow within your account as an Integration;
(v)may share aggregated data with any of our related bodies corporate for the purposes of furthering our commercial and business interests; and
(b)You grant us an irrevocable, perpetual, non-restrictive, royalty free, transferable, assignable, worldwide, fully paid, sublicensable license to use any data provided to us in the use of the Platform for the purposes listed in clause 10.5(a) and any of our other business purposes. This license shall survive the termination of this Agreement.
(c)For clarity, the above license in clause 10.5(b) does not affect your other ownership or license rights in the Submitted Content, including the right to grant additional licenses in writing. You represent and warrant that you have, and will continue to have, all necessary rights to grant the licenses in clause 10.5(b) without infringing or violating any other rights (including Intellectual Property rights), assignments, licenses or agreements which may apply to the Submitted Content. This includes seeking all permissions and assurances, including parental permissions, for any end users of the Platform and their Submitted Content.
(d)We reserve the right to access, read, preserve and disclose any information on the Platform we believe is reasonably necessary to:
(i)satisfy any applicable law, regulation, legal process or governmental request;
(ii)enforce these terms, including investigation of potential violations;
(iii)detect, prevent, or otherwise address fraud, security or technical issues;
(iv)respond to user support requests; or
(v)protect the rights, property or safety of us, our users and the public.
(a)All title, ownership, rights and intellectual property rights, including copyright, in the Services is owned or used under licence by us.
(c)Otherwise, without our express written permission, you will not or permit any person over whom it has effective control to do so:
(i)replicate all or part of the Services in any way, including for private and domestic use;
(ii)incorporate all or part of the Services in any other webpage, site, application or other digital or non-digital format; or
(iii)copy, alter, use or otherwise deal in our trade marks (whether they are registered trade marks or not) without our prior written consent.
11.2Undertakings regarding intellectual property
You warrant that you will not do any of the following, or permit any person over whom you have effective control to do so:
(a)copy or reproduce, or create an adaptation or translation of, all or part of the Service in any way, except to the extent that reproduction occurs automatically through the ordinary use of the Services in accordance with the Agreement;
(b)(subject to other rights explicitly granted under the Agreement) sell, license, sublicense, lease, rent, distribute, disclose, permit access to, or transfer to any third party, whether for profit or without charge, any portion of the Services on any medium; or
(c)directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, or algorithms contained in the Services or any documentation associated with them.
We make no warranties or guarantees:
(a)that the Services are of acceptable quality and fitness for a particular purpose; or
(b)make any representation regarding your access to, or the results of your access to, the Website including its correctness, accuracy, timeliness, completeness, reliability or otherwise.
13.Limitation of Liability
We exclude all implied guarantees, conditions and warranties from this Agreement and except any Non Excludable Condition.
13.2Limitation of Liability
We exclude all other liability for any costs, including consequential loss, suffered or incurred directly or indirectly by you in connection with this Agreement, including in connection with:
(a)the Service being inaccessible for any reason;
(b)incorrect or corrupt data, lost data, or any inputs or outputs of the Website;
(c)computer virus, trojan, ransomware and other malware in connection with the Service;
(d)security vulnerabilities in the Service or any breach of security that results in unauthorised access to, or corruption of data;
(e)your participation in any experiments, beta software or pilots;
(f)any unauthorised activity in relation to the Service;
(g)your breach of this Agreement;
(h)any act or omission by you, your personnel or any related body corporate under or in relation to this Agreementagreement;
(i)any loss or injury to the Participant or any other person or property damage, however caused (including negligence) arising out of the Participant’s participation in the Activities; or
(j)any loss or injury caused to another person by the Participant in the course of their participation in the Activities.
13.3Non Excludable Condition
Where a Non Excludable Condition is deemed to apply, to the fullest extent possible under the law, we limit our liability for any breach to:
(a)in the case of goods:
(i)the re-supply of the goods or payment of the cost of the re-supply of the goods; or
(ii)the replacement or repair of the goods or payment of the cost of replacement or repair of the goods; and
(b)in the case of services:
(i)the resupply of the services; or
(ii)the payment of the cost of having the services resupplied.
(a)On cancellation of your Account:
(i)this Agreement will come to an end (that is, it terminates); and
(ii)your access to the Services will stop.
(b)It is your responsibility to obtain your Data prior to terminating the Agreement.
(c)For the avoidance of doubt, the obligations pursuant to clause 98, Privacy, will survive while we hold any Data in connection with your Account.
15.General and interpretation
(b)Our designated email address is email@example.com, or any other designated email address notified to you from time to time.
(c)Your designated email address is the one provided by you at the time of downloading the report or creation of an Account.
We may assign, encumber, declare a trust over or otherwise create an interest in our rights under this document without your consent, and may disclose to any potential holder of the right or interest any information relating to this document or any party to it.
Each party must pay its own expenses incurred in negotiating, executing, stamping and registering this document.
Each party must do anything (including execute any document) and must ensure that it’s employees and agents do anything (including execute any document), that the other party may reasonably require to give full effect to this document.
A right may only be waived in writing, signed by the party giving the waiver, and:
(a)no other conduct of a party (including a failure to exercise, or delay in exercising, the right) operates as a waiver of the right or otherwise prevents the exercise of the right;
(b)a waiver of a right on one or more occasions does not operate as a waiver of that right if it arises again; and
(c)the exercise of a right does not prevent any further exercise of that right or of any other right.
Nothing in this Agreement is intended to create or be construed as creating a relationship of agency, joint venture or partnership between any of the parties. Unless expressly stated in this Agreement, no party may act as agent of, or in any way bind, another party to any obligation.
If a party to this Agreement is made up of more than one person, or a term is used in this Agreement to refer to more than one party:
(a)an obligation of those persons is joint and several;
(b)a right of those persons is held by each of them severally; and
(c)any other reference to that party or term is a reference to each of those persons separately, so that (for example) a representation, warranty or undertaking is given by each of them separately.
(a)This document contains the entire agreement between the parties about its subject matter. Any previous understanding, agreement, representation or warranty relating to that subject matter is replaced by this document and has no further effect.
(b)Any right that a person may have under this document is in addition to, and does not replace or limit, any other right that the person may have.
(c)Any provision of this document which is unenforceable or partly unenforceable is, where possible, to be severed to the extent necessary to make this document enforceable, unless this would materially change the intended effect of this document.
If this document is inconsistent with any other document or agreement between the parties, this document prevails to the extent of the inconsistency.
Neither party has entered into any contract under this Agreement in reliance on or as a result of any representation, promise, statement, conduct or inducement by the other otherwise than as set out in this Agreement.
The laws of Queensland, Australia govern this Agreement. The parties submit to the non-‑exclusive jurisdiction of courts exercising jurisdiction there.
Unless the terms and conditions of the Agreement explicitly state otherwise, the Agreement will be interpreted as follows:
(a)a reference to a party includes that party's permitted assigns, administrators, successors, executors, legal representatives and any novated party;
(b)any reference to a trustee includes any substituted or additional trustee;
(c)unless used for the usual grammatical purpose, inverted commas around a term indicate industry jargon that will be interpreted according to how that term would be understood by an individual with expertise in the relevant industry;
(d)"including", "includes" or any derivation of those words does not limit the matter in question to the things specifically mentioned in the applicable context;
(e)where a term is defined, other grammatical forms of that term will be taken to have the same meaning;
(f)headings are for convenience and will not affect interpretation;
(g)words in the singular will be taken to include the plural and also the opposite;
(h)a reference to a document will be to that document as updated, varied or amended;
(i)a document referenced by the Agreement will not take precedence over the referencing document;
(j)when any kind of legislative instrument is referenced, the reference will be taken to be that instrument as updated or substituted for by the legislative body in any way;
(k)where a "URL" is mentioned, the non-operation of the "URL" will not render the rights and obligations associated with it invalid;
(l)any referenced digital resource may be replaced with another digital resource that is a "copy" of the original resource;
(m)a reference to a party's conduct includes omissions as well as acts;
(n)if a party is described as having discretion in a matter, the discretion in that matter will be interpreted as sole and absolute; and
(o)where a party is required to do "anything necessary", this includes executing agreements and other legal instruments.