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Moving Creatures is not a medical or health organization. Nothing contained in this website should be construed as any form of medical advice. By accepting the Use of the service, the User/s agrees that physical exercise involves physical movement, that such activity involves risk of injury whether physical or mental. It is the User’s responsibility to use its own judgment to determine its and any other participants’ mental and physical capabilities before and during the participation in the activities offered on the website. The website material is produced by Moving Creatures and it is intended to provide games for the User and the participant. The participation in the activities is at the User’s and participants’ own discretion. It is the User’s responsibility to select the appropriate level of activity as well as the use of any suggested equipment, according to the participants’ skills, abilities, mental and physical conditions. Medical advice from a registered physician must be sought, should this be required in any of the participants’ specific circumstances, before acting or relying on any of the content. The contents do not constitute medical advice and should not be relied upon as such.
IMPORTANT- This is a legal agreement between you (referred herein as “you” or “User” or with “your” or “participant/s”) and Dor Shira ABN 13 403 159 784 t/a Moving Creatures (referred herein as “Moving Creatures” or “us”) that applies each time you use or access any website and/or digital properties owned and operated by Moving Creatures, namely www.moving-creatures.com (referred collectively herein as “the website” or “website”). The Terms and Conditions of Use (“TCU”) detailed below govern your access and use of the website. If you use this website, you agree to be bound by the terms and conditions detailed below as well as other laws and regulations which apply to this website. Should you not accept the terms and conditions, you should refrain from using this website.
Terms and Conditions
1. Licence Grant
These TCU provide you with a personal, revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website conditioned on your continued compliance with these TCU. You may print and download materials, download videos and information from the website solely for your personal use, provided that all hard and soft copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the website shall be as determined by Moving Creatures at its sole discretion.
Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, privately label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the website. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of Moving Creatures and/or its licensor(s). If you share any articles or published content from the website, you may only do so through the website’s designated “share” functionality.
3. User Obligations
By streaming, downloading, accessing, or using the website in order to view any information, videos and materials, register or enter into a transaction with or through Moving Creatures for any reason, or submit information of any kind, you represent that You are at least eighteen (18) years of age and will, at all times, provide true, accurate, current and complete information when submitting information or materials on the website, including, without limitation, when you provide information via a website registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, Moving Creatures reserves the right to terminate immediately your access to and use of the website and to seek remedies or damages available under law or equity.
4. Secure data
The transmission of data over the internet cannot be guaranteed as totally secure. You acknowledge and agree that use of the Internet and access to the website is solely at your own risk. While Moving Creatures has endeavoured to create a secure and reliable website, Moving Creatures does not warrant and cannot ensure the security of any information transmitted to us and any information you transmit to us. Accordingly, Moving Creatures is not responsible for the security of any information transmitted to or from the website. You must take your own precautions to ensure that the process you use to access this website does not expose you to viruses or other form of interference which may access your information and may damage your computer system. Any information you transmit to us is at your own risk.
If you wish to communicate with Moving Creatures through other means, please contact Moving Creatures at email@example.com.
5. Limitation of liability
Your ability to access this website depends on factors out of Moving Creatures’ control and Moving Creatures does not take or share any responsibility and does not provide any warranties that the website will be accessible at all times.
Moving Creatures is not a medical or health organization. Nothing contained in this website should be construed as any form of medical advice. By accepting the Use of the service, the User/s agrees to understand that physical exercise involves physical movement, that such activity involves risk of injury whether physical or mental. It is the User’s responsibility to use its own judgement to determine its and any other participants’ mental and physical capabilities before and during the participation in the activities offered on the website.
It is the User’s responsibility to select the appropriate level of activity for the participants’ skills and abilities according to the participants’ mental and physical condition. The User understands that some instructors may suggest the use of equipment and it is the User’s responsibility to determine if such equipment is appropriate for the User’s and participants’ level of ability and their mental and physical condition. The website is not intended to be used by children without
involvement and approval of a parent or guardian or a teacher or a carer/educator who has obtained parental/guardian consent for that child.
The User waives and releases any claim that it may have at any time for injury of any kind against Moving Creatures, or any entity or person involved with Moving Creatures, including without limitation its directors, principals, instructors, employees, agents, affiliates, representatives, contractors, independent contractors, and subcontractors.
6. Links to the Website
From time to time, Moving Creatures may permit (plain) hypertext links to the primary landing page for the website as well as to articles published on the website. Any links to the website should not suggest that Moving Creatures promotes or otherwise endorses or is affiliated with any third party products, services, programs, causes, campaigns, websites, or information unless Moving Creatures has provided prior written consent for such promotion, affiliation, or endorsement.
7. External Links
The linked sites included in this website from time to time are not under the control of Moving Creatures and Moving Creatures is not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites. The inclusion of any link does not imply endorsement by Moving Creatures of the site or a relationship with the organisations to which links are provided.
9. User Name Handling Policy
Registration may be required for access to certain areas of the website. These restricted areas, pages, or portals may further require both a username and a password or adherence to other particular access requirements as designated by Moving Creatures. Only one User can use one username and password and, thus, one account. Limiting access helps to control unauthorized usage by other persons, institutions, or entities, as anyone with knowledge of both your username and password can gain entry to the restricted portions of the website and to your account. Accordingly, by using the website, you agree to consider your username and password as confidential information and to keep your username and password confidential.
You also agree not to use another User's username and password. You agree to immediately notify Moving Creatures if you become aware of any loss or theft of your password or any unauthorized use of your username and password. Moving Creatures will not be liable
The website may contain blogs, forums, message boards, portals, comment areas, questionnaires and other interactive features and functionality where Users can share and post information and/or photos, video, or audio. To the extent that the website contains such communication forums and online communities (referred collectively herein as “Online Communities”), you agree that by using the website you will not upload, post, display, or transmit any of the following materials on the website’s Online Communities:
a. anything that interferes with or disrupts the website or the operation thereof;
b. statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others;
c. unauthorized material protected by Copyright or any other material that infringes the intellectual property rights, trade secrets, or privacy of others;
d. statements or material that violates other contractual or fiduciary rights, duties, or agreements;
e. statements or material that is bigoted, hateful, or racially offensive;
f. statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction;
g. statements or material that constitutes anti-competitive behaviour or are in breach of the Australian Competition and Consumer Laws;
h. statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally reasonable or appropriate in person;
i. statements or material that harms minors;
j. statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of Moving Creatures;
k. statements or material that misrepresents your affiliation with any entity and/or Moving Creatures;
l. anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personally identifying information of another individual;
m. chain letters or pyramid schemes;
n. statements or materials that are deceptive or misleading;
o. statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials;
p. statements or material that are “off-topic” for a designated community, and1
11. Permission to Use Postings
Forums and Blogs are the resources and property of Moving Creatures and/or its licensors and you will not have any proprietary interest in any Forum and Blog. Moreover, by submitting content, information, or a work of authorship of any type ( "Posting") to a Forum, Blog or other portion of the website or by otherwise using the website to transmit or display a Posting, you automatically grant Moving Creatures a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, publish, translate, create derivative works from, sub-license (or further license), distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into (or combine with) other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to Moving Creatures and a Forum/Blog, and you also acknowledge that such Postings are non-confidential for all purposes and that Moving Creatures has no control over the extent to which any idea or information may be used by any party or person once it is posted or displayed. Moreover, Moving Creatures assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information.
12. No Pre-Screening of Postings
Moving Creatures is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to Moving Creatures' right and ability to delete or remove a Posting (or any part thereof), Moving Creatures does not endorse, oppose, or edit any opinion or information provided by you or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. Nevertheless, Moving Creatures reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that Moving Creatures believes in good faith violate these TCU and/or are, or are potentially unlawful or harmful to Moving Creatures or its affiliates, volunteers, services, or goodwill. If you violate these TCU, Moving Creatures may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning, and/or simply terminate your use of the website without warning and effective immediately.
13. Proprietary Rights
These TCU provide only a limited license to access and use the website. Accordingly, you expressly acknowledge and agree that, as the rights holder, Moving Creatures does not transfer ownership of all or any part of the content of the website to you or anyone else. All text, graphics, headers, icons, user interfaces, visual interfaces,
Moving Creatures also owns the copyright in the contents of the Website as collective work and/or compilation and in the selection, coordination, arrangement, and enhancement of the content of the website.
Moving Creatures welcomes your feedback and suggestions about Moving Creatures' programs or services or with respect to how to improve the website. By transmitting any suggestions, information, material, or other content (collectively “Feedback”) to Moving Creatures, you represent and warrant that such Feedback does not infringe or violate the Intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to Moving Creatures and enable Moving Creatures to use such Feedback. In addition, any Feedback received through the website will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for Moving Creatures to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
15. Third Party Products & Services
Moving Creatures, in its sole discretion, may feature and/or post the advertisements or logos of third parties on the website and/or feature or utilize on the website materials, programs, products, and services provided by third parties over which Moving Creatures has no control. Moving Creatures makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence and/or any other dealings with third parties found on the website are solely between you and such third party. Accordingly, Moving Creatures expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the website, and you agree that Moving Creatures shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the website.
16. Links to Other Websites
Moving Creatures may provide links, in its sole discretion, to other sites in the world wide web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by Moving Creatures and are maintained by third parties over which Moving Creatures exercises no control. Accordingly, Moving Creatures expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party websites. Moreover, these links do not imply an endorsement with respect to any third party or any website or the products or services provided by any third party.
17. Term & Termination
These TCU will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agreed to abide by the terms and conditions of the website, register, respond through the website to a request for information, and/or begin downloading, accessing, or using the website, whichever is earliest. Moving Creatures reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of these TCU, to deny your access to the website or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and these TCU will also terminate automatically if you fail to comply with any of its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with Moving Creatures. You may also terminate these TCU at any time by ceasing to use the website, nevertheless, all applicable provisions of these TCU will survive termination and each re-access or re-use of the Website will resume these TCU enforceability upon You. Upon termination, you must destroy all copies of any aspect of the Website in Your possession.
18. Entire Agreement
No joint venture, partnership, employment, affiliation, or agency relationship exists between you and Moving Creatures as result of these TCU or your utilization of the Website. These TCU represent the entire agreement between you and Moving Creatures with respect to use of the website. Please note that Moving Creatures reserves the right to change the terms and conditions of these TCU by posting a revised TCU or mailing and/or e-mailing notice thereof to you. In addition, Moving Creatures may add, modify, or delete any aspect, program, or feature of the website, but Moving Creatures is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the website following any announced change will be conclusive deemed acceptance of any change to the terms and conditions of these TCU. Accordingly, please review the TCU found at this location on a periodic basis, as Moving Creatures may amend these TCU at any time.
19. Governing law and jurisdiction
In the event of a dispute regarding these TCU, the laws in force of the state of New South Wales, Australia, will apply in relation to such dispute. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
We are committed to protect the privacy of our contacts, customers, suppliers and employees ("you" and when relating to you, "your") and comply with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth) (Privacy Act).
By using our website, applications and services, or by providing us with your information, you consent to us collecting, holding, using or disclosing your personal information as described in this Policy.
In this policy we describe how we manage your personal information.
1) The kinds of personal information we collect
a) The kinds of personal information that we collect include:
(1) contact details such as name, address, email address, mobile number and/or landline number;
(2) information about your credit/debit card details for the purpose of processing payments;
(3) information regarding our communications with you and your attendance to any promotional events held by us;
(4) if you are an employee or prospective employee, information about your qualifications, skills and work experience;
(5) if you are a supplier or prospective supplier, information about your business skills, services, products and prices;
2) How we collect personal information
a) We collect personal information by various means including when:
(1) you contact us directly or indirectly with a question or inquiry;
(2) you subscribe to our newsletter, blog, forum or any of the services we offer in person, via our website or via social media;
(3) you attend a seminar or event we are hosting or presenting;
(5) you visit the Moving Creatures’ website;
(6) You use services available through our website, our blog and social media channels.
b) Where practicable, we collect personal information about you directly from you, via email, over the phone or in person, or when you complete a form on our website. However, we may have collected information about you from a third party such as a customer, a third-party information provider, or a person responding to our questions or inquiries.
c) The Privacy Act places restrictions on us collecting sensitive information about you, including information about your ethnicity, religion, political views, criminal records, and sexual preferences. We will not generally collect this type of information.
d) We might need to collect personal information if you are applying for a job with us and you have provided us with your consent to do so. We will inform you of the reason why we ask for such personal information at the time when we ask you to provide it.
3) Collecting and disclosing personal information about others
a) You represent and warrant that when you are providing personal information to us about another person:
a. You have obtained the express consent of the other person to disclose their personal information to us, for the use of that personal information by us, including for the purposes outlined in this Policy;
b. When collecting that personal information, you have complied with the Privacy Act, including the APPs by making all relevant notifications required under APP 5 and relating our use of personal information;
4) The purposes for which we collect, hold, use and disclose personal information
5) The parties to whom your personal information is disclosed
a) Subject to our confidentiality obligations, we may share some relevant personal information with:
(1) our e-mail marketing provider for the purposes of providing you access to our newsletter, blog, forum, invitations and updates;
(2) third party service providers who assist us with archival, auditing, accounting, legal, business consulting, website or technology services;
(3) for regulatory reporting and for compliance with our legal obligations;
(4) to relevant third parties to undertake fraud checks;
(5) to various regulatory bodies including law enforcement agencies and officials to protect against fraud and for related security purposes;
(6) to seek your feedback in relation to customer satisfaction and to manage any complaints;
(7) to monitor and improve the quality and standard of the services we provide to you;
(8) to notify you of offers and promotions that may be of interest to you;
(9) to better understand your preferences and improve the services we provide to you.
b) We also will disclose your information if required by law to do so or in circumstances permitted by the Privacy Act – for example, where we have reasonable grounds to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in, in response to a subpoena, discovery request or a court order.
6) Disclosure of information outside the jurisdiction of collection
a) During the course of business, it may become necessary to disclose personal information to an overseas recipient. This can happen if, for example, a database or server is hosted outside Australia. Should this be the case, we are required by APP 8.1 to take all reasonable steps to ensure that the third-party recipient of your information complies with the relevant APPs in relation to your information or in the alternative, that the third-party recipient is bound by laws that offer protection similar to the APPs and that you are able to enforce your rights under international law in the event of any breach, unless an exception applies.
7) Opting out of marketing communications
a) We may, from time to time, send you newsletters, invitations and updates about our services. You can opt out of receiving further such communications by notifying us using our contact details below by clicking the "unsubscribe" option at the bottom of any marketing e-mail received from us.
b) Our website uses strictly necessary cookies for the purpose of performance and targeting. If you do not wish to consent, please do not sign up for the service.
9) Google Analytics
10) European Union
a) The General Data Protection Regulation (GDPR) regulates the processing of personal information under European Union (EU) laws. Our collection, use, processing and disclosure of your information is taken to be regulated by the GDPR if a) we offer products or services to you while you are located in the EU; or if b) we monitor your behaviour while you are located in the EU. If a) and/or b) applies to you, the following GDPR regulations will also apply to you in addition to this Policy:
i) Collection of personal information
(1) Please refer to 1-6 of our Policy
ii) Why is your personal information being collected?
(1) In relation to personal information collected about you in the EU, our basis for processing personal information including but not being limited to one or more of the following:
(a) To fulfil a contract we have with you;
(b) To comply with laws and regulations;
(c) For a specific purpose for which you have given your clear consent;
(d) For the purposes of our legitimate interests or the legitimate interests of a third party unless there is a reason to protect your personal information which overrides these legitimate interests;
(e) If you have contacted us and we need to process your information to respond to your request;
(f) To process purchases of our services;
(g) To process your information;
iii) Use of personal information to make automated decisions
(1) We may make use of a number of automated processes in providing our services to you using your personal information, to provide an effective customer experience. An automated process does not involve any human intervention.
iv) Your rights
(1) You have the right to be informed about how your personal information is collected and used. You can withdraw your consent to process your information. If you withdraw consent, we might not be able to provide certain services to you;
(2) You can access to the information we hold about you;
(3) You can question any information that we have about you that in your view can be inaccurate or incomplete.
(4) You have the right to ask us to delete your personal information if there is no reason to keep it.
(5) You have the right to ask us to restrict the use of your information in some circumstances;
(6) In some circumstances, you have the right to object to us processing your personal information;
(7) You have the right to ask us not to use automated processes in relation to your personal information;
(8) You have the right to complain to a regulator if you are not satisfied with the outcome of a complaint.
a) We take reasonable physical, technical and administrative safeguards to protect your personal information from misuse, interference, loss, and unauthorised access, modification and disclosure.
12) Access/correction/updating of personal information
a) You can contact us to access, correct or update your personal information. Unless we are subject to confidentiality obligation or some other restriction on giving access to the information and we are permitted to refuse you access under the Privacy Act, we will endeavour to make your information available to you within 30 days. Examples of circumstances where we may refuse to give you access to your personal information include where:
(1) giving access would be unlawful;
(2) we reasonably believe that giving you access would pose a serious threat to the life, health or safety of any individual or to public health or public safety;
(3) giving access would have an unreasonable impact on the privacy of others;
(4) the information could reveal the intentions of a party in negotiations;
(5) giving access could prejudice the taking of appropriate action in relation to unlawful activity;
(6) giving access could reveal evaluative information in a commercially sensitive decision-making process.
b) f you request to correct your personal information, we will correct, or, if we consider more appropriate, note your request for amendment of the information on your record.
c) We will not charge you to make a request to access your record but we may charge you to actually provide access depending on the costs associated with obtaining and providing the material.
d) These actions can usually be taken by contacting a customer relations representative using the contact information on the "Contact Us" section below.
13) Notification of Changes
14) Complaints / Contact us
b) We will endeavour to respond to any complaint within 30 days. If you are not satisfied with our response to your complaint you may seek a review by contacting the Office of the Australian Information Commissioner using the information available at http://www.oaic.gov.au/privacy/privacy-complaints.