This website and The Push Up Challenge are operated by TPUC Global Pty Ltd (ABN 32 689 419 314) (“we”, “our”, “us”, “TPUC”), which is an affiliate of The Push For Better Foundation Limited (ABN 49 645 093 349).  
 
Any reference to the website in these Terms also includes reference to any app used by The Push-Up Challenge. 

By accessing and continuing to use our website, including registering for The Push Up Challenge (“the Challenge”), you accept and agree to comply with these terms and our Privacy Policy (“Terms”), as updated from time to time. Please read these Terms carefully and immediately cease participating in the Challenge and/or using our website if you do not agree to them.  
 
We may, at any time and in our absolute discretion, vary the Terms by publishing a change to them here on our website. Please check back here regularly to ensure you are aware of our current Terms. Materials and information on this website are subject to change without notice. We do not undertake to keep the website up-to-date and we accept no liability if any content is inaccurate or out-of-date.  
 
We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our website in accordance with these Terms. All other uses are prohibited without our prior written consent.  

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. 

We do not guarantee that our website will be free from viruses, or that access to our website will be uninterrupted. We may, at any time and without notice to you, discontinue our website, in whole or in part. We may also exclude any person from using our website, at any time and in our absolute discretion. We are not liable for any loss, damage or expense that you suffer arising from or in connection with any such discontinuance or exclusion. 

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you and limitations of liability set out in these Terms will survive. 

For certain campaigns, promotions or competitions, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or competition, you need to agree to the relevant terms and conditions applicable to that campaign, promotion or competition. In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.  

You must not use our website or app to facilitate or participate in any illegal activity or engage in any activity that we, in our absolute discretion, consider to be inappropriate or which might bring us or our website into disrepute, including: 

1. Anything that could breach of individual’s privacy or any other legal rights; 
2. Interfering with any other user using our website; 
3. Using our website to send unsolicited email messages; or 
4. Facilitating or assisting a third party to any of these things. 

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our website or any equipment or network or software owned or used by any third party on which this website relies in any way. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. 

We reserve the right to immediately and indefinitely restrict your access to our website or app (including to resources associated with the Challenge) in any way considered reasonably necessary if we suspect that you are engaging in any of the above behaviour. 

You are prohibited from using our website or app, including their content, in any way that competes with our business.  

By registering for the Challenge and/or using our website and uploading content whether to our website or to our social media channels, you hereby agree and consent to us using any submitted photograph, video, comment(s) and other accompanying materials (collectively, the “User Content”) for advertising, marketing, promotion and other commercial and business purposes in accordance with these Terms. 

By uploading User Content to our website, you represent and warrant to us that: 

1. you own all rights in the User Content or otherwise have the right to submit the User Content to us;
2. the use of the User Content by you or us does not violate or infringe upon the rights of any third party (including, any rights of intellectual property, copyright, trademark, publicity or privacy);
3. the User Content is true and correct and is not misleading, defamatory or obscene;
4. the User Content can be published lawfully by us; 
5. any persons  identifiable in the User Content have consented to the submission of the User Content on our website and further use of the User Content as contemplated in these Terms; and 
6. our use of the User Content in the manner contemplated above and the rights and licences granted under these Terms do not, and will not, violate any right of, or conflict with or violate any right or commitment made to, any third party and no consent or authorisation from any third party is required in connection with such use. You hereby agree to defend, indemnify and hold us harmless from and against any and all losses, and all claims by third parties, resulting from your breach of any of these representations or warranties.  

You waive, release and forever discharge us and any of our subsidiaries, affiliates, officers, directors, managers, members, shareholders, employees, representatives and agents from any and all rights, claims and liability relating to the use of the User Content in the manner contemplated above including, without limitation, any claims based on the invasion of privacy, commercial use of name or likeness and the right of publicity. 

We do not endorse or approve, and are not responsible for, any User Content. The views expressed by other users on our website do not represent our views or values. If any User Content incorporates any content that we, in our absolute discretion, consider is inappropriate for inclusion on our website, we reserve the right to remove any content without consultation. However, we will use reasonable endeavours to consult with you prior to removing content on any team, individual, community or other fundraising page. We also reserve the right to prohibit fundraisers who breach these Terms from using our website in the future.  

We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our website violates their intellectual property rights or their right to privacy. 

The use of our website and registration and participation in the Challenge is at users’ and participants’ sole risk. The content and services are supplied on an “as is” and “as available” basis.  
  
The content on our website and app is not comprehensive and is for general information purposes only. It does not take into account users’ specific needs, objectives or circumstances, and it is not advice. While we use reasonable endeavours to confirm the accuracy and completeness of the website content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.  

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation. 

To the maximum extent permitted by law, we are not responsible for any loss, damage, injury or expense, howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent suffered by you, any third party and any team members that you register, arising from or in connection with your or their participation in The Challenge, use of our website or its content, and/or any inaccessibility of, interruption to or outage of our website and/or any loss or corruption of data and/or the fact that the content is incorrect, incomplete or out of date. For the avoidance of any doubt, we will not be liable for indirect or consequential loss or damage, including loss of profits, loss of any business opportunity and damage to computer equipment. 

To the maximum extent permitted by law, you and any team members registered by you must indemnify and hold us harmless against any loss, damage or expense suffered by us arising from or in connection with participation in the Challenge, use of our website, or any breach of these Terms or any applicable laws. This indemnity is a continuing obligation, independent from the other obligations in these Terms, and survives the termination of these Terms. It is not necessary for us to suffer or incur any loss or damage before enforcing a right of indemnity under these Terms.  

The use of our website, app, registration and participation in the Challenge and these Terms are governed by English law. Users and Challenge participants irrevocably and unconditionally submit to the exclusive jurisdiction of courts operating in England and Wales, except that if you are an individual who is a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. 

Our website may be accessed throughout the UK and overseas. We make no representation that our website complies with the laws (including intellectual property laws) of any country outside the UK. If you access our website from outside the UK, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our website.  

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of): 

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same. 

• Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations. 

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790). 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. 

For the convenience of our users the Challenge site contains links and other pointers to websites operated by third parties. We do not control these websites and we are not responsible for their availability or their content or services and we make no warranty in respect of those links in this regard. You should make your own investigations with respect to the suitability of those websites and their content.  

Any donations made through our website using a credit card are final. If you become aware that your credit card has been lost, stolen or is being used fraudulently, it is your responsibility to report the issue immediately to your financial institution. 

We do not store your credit card details. We use the services of Stripe and PayPal which store your credit card data under their own terms. We provide no warranty as to its safety or security and do not accept responsibility for any loss, damage or expenses suffered by the use of these facilities.  

We collect personal information about you in order to process your registration, to facilitate the payment of donations and for purposes otherwise set out in our Privacy Policy. 

Personal information and routinely collected data will be used for evaluation purposes.   

We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers, research partners, universities, payment platforms and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you, including supporting your registration in the Challenge.  

The above includes but is not limited to providing third parties with deidentified data to help with research purposes. 
 
If you have provided your phone number, you may be contacted by a member of The Push-Up Challenge Team for purposes including, but not limited to, event experience, research or marketing.   

Our Privacy Policy explains:  

• how we store and use, and how you may access and correct your personal information;  

• how you can lodge a complaint regarding the handling of your personal information; and 

• how we will handle any complaint.  

If you would like any further information about our privacy policies or practices, please contact us.  

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and these Terms.  

Donations to charity beneficiaries are made directly to the beneficiary or passed on to it (as applicable). We are not responsible for the activities of any beneficiary/ cause. We do not represent or warrant that your donation will be used for any particular purpose and shall not be responsible for any dissatisfaction you may have regarding a beneficiary’s use of the donation. After donations are made, all further dealings are solely between you and the beneficiary to which you donated. 

Once a donation is made, we are under no obligation to refund your donation to you. However, where possible, we will process refunds for donations providing that the donation has not yet been passed onto a beneficiary.. To secure a refund, contact us using the details below. If the donation has already been forwarded to the chosen beneficiary, we may ask you to contact them directly.  

If you have any queries about our Terms please contact us.