This website and The Push-Up Challenge are operated by TPUC Global Pty Ltd (ABN 32 689 419 314) (we, our or us).  

By accessing and continuing to use our website, including registering for The Push-Up Challenge (the Challenge), you agree 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 at 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 We do not undertake to keep the website up-to-date and we accept no liability if any content is inaccurate or out-of-date.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 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 contests, additional terms and conditions may apply. If you want to participate in such a campaign, promotion or contest, you need to agree to the relevant terms and conditions (Other T&Cs), applicable to each campaign, promotion or contest. In case of any inconsistency between the Other T&Cs and these Terms, the T&Cs will prevail.  

To register for the Challenge, you must complete an online registration form.  

When you register and complete the registration form, you will provide us with personal information such as your name, email address or telephone number. You must ensure that this information is accurate and current. We will handle all personal information we collect in accordance with our Privacy Policy. 

When you register and activate your account, we will provide you with a user name and password. You are responsible for keeping this user name and password secure and are responsible for all use and activity carried out under your user name. If you suspect that your account is being used without your authority, you must immediately report this to us.  

To register for the Challenge, you must be:  

(a) at least 18 years of age or have permission from your parent or guardian to participate;  
(b) possess the legal right and ability to enter into a legally binding agreement with us; and
(c) agree and warrant to use the website and participate in the Challenge in accordance with these Terms.  

If you are under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:  

(d) exercise supervision over the Minor's use of our website and participation in the Challenge;  
(e) assume all risks associated with the Minor's use of our website and participation in the Challenge, including the transmission of content or information to and from third parties via the Internet;  
(f) ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;  
(g) assume liabilities resulting from the Minor's use of our website and their account;  
(h) ensure the accuracy and truthfulness of all information submitted by the Minor; and  
(i) provide the consents contained in these Terms on behalf of the Minor.  

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis. 

By registering for the Challenge, you also confirm that:  

(a) you and everyone in any team that you register is physically capable of participating in the challenge and that participating would not result in unreasonable risk to any person, and that each person is not subject to illnesses or injuries that would prevent or be exacerbated by participation;  
(b) you and all team members are over the age of 18 and legally capable of entering into a contract, or otherwise have permission from a parent or guardian to take part;  
(c) you and all team members consent to us distributing any funds that you raise to a mental health beneficiary, cause or initiative of our choice, at our absolute discretion;  
(d) you and all team members understand that each participant is responsible for their own safety and mental wellbeing during the Challenge; and  
(e) you will ensure that you and all team members engage in the physical activities involved in the Challenge in a safe and responsible manner.  

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

1. Anything that could breach an individual’s privacy or any other legalrights; 
2. Interfering with any other userofour 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 attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of our website, app or any related websites. You must not attempt to bypass the network firewall and you must not use any part of the site which you are not authorised to use or devise ways to circumvent security in order to access parts of the site which you are not authorised to access. This includes but is not limited to scanning networks with the intent to breach and/or evaluate security, whether or not the intrusion results in access. You must not knowingly transmit viruses or other disabling features or otherwise damage or interfere with our website or app. 

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.  

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.  

To the maximum extent permitted by law, we are not responsible for any loss, damage 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 doubt, we will not be liable for indirect or consequential loss or damage, including loss of profits, loss of any opportunity, or 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 the laws of New Zealand. Users and Challenge participants irrevocably and unconditionally submit to the exclusive jurisdiction of courts operating in New Zealand, and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.  

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

Unless otherwise indicated, we own the intellectual property rights, including copyright, of our website and all of its content. Except as necessary for using this website on your browser, or as permitted under the Copyright Act 1994 and other applicable laws, no material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, altered, modified, performed in public, distributed or transmitted in any form by any process without our specific prior written consent.  

You must not include any material on any fundraising page that infringes the intellectual property rights of others. For example, you may not include a trademark or copyright material without the written consent of the owners.  

You acknowledge and agree that we may use, copy and edit, for our business purposes, any material or User Content submitted by you in connection with any fundraising page and that you agree to receive marketing content from us.  

All commercial electronic messages sent by us to you will include a clear unsubscribe facility that will allow you to opt out of receiving electronic messages.  

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, Paypal and Facebook Fundraisers 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 are a nominee of the Mental Health Foundation of New Zealand for this Challenge. The Mental Health Foundation of New Zealand is a registered charity in New Zealand with registration number CC11140. We will issue donee receipts on behalf of the Mental Health Foundation of New Zealand.  

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 consent to being 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 collect, store and use your personal information, 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.  

Where possible, we will process refunds for donations provided that the donation has not yet been passed onto a beneficiary. Donations are sent electronically by us to the nominated cause at nominated points in time. To secure a refund, contact us through the website. If the donation has already been forwarded to the chosen beneficiary, we may ask you to contact them directly.