Terms and Conditions
Effective date: 1 October 2016
- Having accepted these Terms, we grant to you a limited, non-exclusive, personal right to use our Services
- Your consent to the processing of personal data
- User age restrictions
The Ziva Services and Website(s) . If you are under the age of 16 you must not use the Ziva Services and Website(s). If we discover that any such use is taking place, we will immediately terminate any relevant user account(s) facilitating such use.
- Rights to Ziva Services and Website(s) and their content
- Use of the Ziva Services
In order to use the Ziva Services, you must create a user account (a “Ziva Account”). You are responsible for all uses of your Ziva Account whether by you or a third party. You should ensure the details of your password are kept confidential and secure at all times. To the maximum extent permitted by applicable law, we shall not be liable to you for any unauthorised use of your Ziva Account resulting from your failure to maintain restricted access to your mobile device, the confidentiality or security of your user details or failure to use a strong password. Access to your account can become restricted or outright impossible in case of a loss of your control over the to which your account is registered.
- Acceptable Use
You agree that you shall not:
(a) seek to engage with any Challenges by any means other than your genuine physical movement meeting the eligibility criteria specified by Ziva from time to time and, in particular and without limitation, you shall not (i) simulate any such verified movement using artificial and/or mechanical means, (ii) enlist third parties to generate physical movement on your behalf
(c) operate more than one Ziva Account;
(e) reproduce, frame, display or mirror the Ziva Services or Ziva Website(s) other than as a necessary consequence of their normal operation by you;
(f) infringe our intellectual property rights or those of any third party in relation to your use of the Ziva Services or Ziva Website(s);
(g) transmit any material that is defamatory, explicit, offensive or otherwise objectionable on the Ziva Services or Ziva Website(s);
(h) use the Ziva Services or Ziva Website(s) in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(i) employ any technology that interferes in any way with the proper operation of the Ziva Services or Ziva Website(s), including by blocking any advertising or promotions displayed thereon; or
(j) collect or harvest any information or data from the Ziva Services or Ziva Website(s) for any commercial purpose, save as otherwise agreed in writing by us.
If we discover any breach of this Section 6 by you, we may immediately suspend or terminate your access to the Ziva Services and remove and delete any content from Ziva Services or Ziva Website(s) violating this Section 6.
- Changes and updates to the Ziva Services and Ziva Website(s)
Ziva reserves the right at any time, without liability of any kind, in its absolute discretion (i) to change, suspend, restrict or disable your access to the Ziva Services and/or Ziva Website(s), and/or (ii) alter the functionality or contents of the Ziva Services and/or Ziva Website(s) with or without notice to you.
We may issue updates to the Ziva Services from time to time.
- Contacting us
In relation to any matters concerning Ziva Services and Website(s), including any feedback, questions, complaints or claims, please contact us by email to firstname.lastname@example.org. Ziva welcomes any feedback you may have.
- No warranty
The Ziva Services and Ziva Website(s) are provided “as is” and “as available” without any representation, warranty or undertaking of any kind as to the availability, performance, accuracy, or completeness of the Ziva Services, Ziva Website(s) or the contents of any of them. Ziva does not warrant or undertake that use and availability of the Ziva Services and Ziva Website(s) will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT POSSIBLE UNDER APPLICABLE LAW NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE ZIVA SERVICES OR ZIVA WEBSITE(S). IF THIS EXCLUSION DOES NOT APPLY UNDER APPLICABLE LAW THE LIABILITY OF ZIVA IN RELATION TO ANY SUCH WARRANTY SHALL IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- Third Party Content
For your convenience, Ziva may include in the Ziva Services or Ziva Website(s) links to other sites on the internet that are owned or operated by third parties (“Third Party Websites”). You also agree that Ziva has no control over the content of Third Party Websites and does not have any responsibility for any material available on such Third-Party Websites nor for any use of or reliance on the contents of such Third Party Websites by you.
The Ziva Services and Ziva Website(s) may include content submitted by other users of the Ziva Services and Ziva Website(s) (“Third Party Content”). You acknowledge that any use of or reliance on such content by you is entirely at your own risk and we are not responsible for such Third Party Content.
The fact that we may link to a Third Party Website, or display Third Party Content, does not imply that we endorse the site or the products or services on such Third Party Website or that we have reviewed, approved, or verified the Third Party Content.
- No Medical Advice
The Ziva services allows you to track and verify your physical movement, generate and to redeem goods, services and other benefits. The services we provide do not contain or constitute, and should not be interpreted as, any form of medical advice or opinion. We are not licensed medical professionals, and we are not in the business of providing medical advice. You should always consult a qualified and licensed medical professional prior to beginning or modifying any diet or exercise program. The Ziva services is not a tool for the diagnosis or prevention of disease. Your use of the Ziva services does not create a doctor-patient relationship between you and Ziva.
From time to time we may make available additional terms or guidance in relation to the usage of Ziva Services or Ziva Website(s), and where we do this, you agree to comply with such additional terms or guidance that we make available by continuing to use the Ziva Services or any Ziva Website(s).
- Limitation of liability
We are not responsible for Third party device(s) / apps or the integrity / accuracy of their services or data.
We are not responsible for any death or injury caused as a result of your participation in any of the challenges or campaigns promoted via Ziva Services or Website(s)
We are not responsible for any reward or prize distribution or winner selection offered by any Third party. Including, without limitation, clients of Ziva.
You acknowledge that Ziva Services has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Ziva Services meet your requirements. To the maximum extent permitted under applicable law we have no liability whether in contract, tort (including negligence) or otherwise for any (i) loss of profit, loss of business, business interruption, or loss of business opportunity, arising out of or in connection with the Ziva Services, Ziva Website(s) and/or this Agreement, or (ii) loss, damage or other liability arising out of the unavailability or malfunctioning of, or other deprivation of access to, the Ziva Services or Ziva Website(s) or any inaccurate or incomplete content on either.
Ziva is committed to protecting and respecting your privacy.
Information we collect from you: We may collect and process the following data about you:
- Information you upload to us: This includes information that you provided to register with our Website(s). This may also include information when you have any other interaction with us to ask questions or report issues with our Services. The information that you may be asked to provide includes: your name, address, e-mail address and phone number, financial and credit card information, personal description and photographs.
- Information uploaded from Connected Devices: where you chose to connect any other devices such as your Fitbit, Jawbone, or Garmin or mobile phone, to our Services data collected via the connected device will be automatically updated, and aggregated with your data. The information that will be shared with us by the Connected Device includes: activity data such as distance, time, speed, calories burned, heart rate, activity location start, end and way points and steps.
- Information collected from Connected Partners: where you chose to allow one of our partners to share information with our Services (Connected Partner) you are consenting to us receiving information from the Connected Partner, and to us providing information about you to our Connected Partner. The information that will be shared with us from the Connected Partner.
How we use your Information: We use information held about you in the following ways:
- We use information you give to us:
- to enable us to deliver the Services, and provide you with the information, products and services that you request from us
- to provide you with information about the Challenges we offer that are similar to those that you have already redeemed or enquired about;
- to enable us to customise the content to provide you with information about goods or services we feel may interest you or are relevant to your designated postcode.
- to notify you about changes to our service;
- to ensure that your use of our Services is the most effective manner for you.
- We use Information from Connected Devices and Connected Partners to:
- allow personalised activity recording to be verified.
- allow a Connected Partner or licensor of a Connected Device to contact you via our Services.
- we may anonymise this data, and reuse it to provide our data analysis services to our partners in an aggregated form, and in a way that does not identify you specifically.
- We use Information we collect about you:
- to administer our Services and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- to improve our site to ensure that content is presented in the most effective manner for you and for your computer;
- to allow you to participate in interactive features of our service, when you choose to do so;
- as part of our efforts to keep our site safe and secure;
- to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
- to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.
- Aggregated Anonymous Data: we extract from the personal data we collect and process demographic and other non-personalised information which is aggregated to enable us to provide activity tracking data; shopping preferences; and other data services to third parties. The data insight that we provide allows our third parties to design and provide better service for their customers (including yourself). These third parties pay for the data services that we provide, and we use this to source the Challenges available to you from time to time.
How we share your information: We may share your personal information with any linked group company from time to time; or with selected third parties including:
- Business partners, suppliers and sub-contractors to enable us to process payments, redeem rewards or deliver Challenge Offers to you.
- Our various third party partners, including advertisers, licensors of Connected Devices, exercise partners, fitness groups and others who may request data analysis services. In providing our data analysis services we do not disclose identifiable information, but anonymous aggregated data using sufficiently large population sizes and activity descriptions that limit the ability of individuals to be identifiable from the data services.
- Analytics and search engine providers that assist us in the improvement and optimisation of our site.
We may disclose your personal information to third parties:
- If we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
Storing your data: All information you provide to us is stored on our secure servers. You are responsible for keeping your user name and password secure to ensure the information remains confidential. Please do not share this password with anyone. We have put in place a range of suitable physical, electronic and managerial procedures to safeguard and secure your information. Our staff have limited access to your data, and are trained to ensure that it is protected, and kept secure.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access
Your rights: You have the right to ask us not to process your personal data for marketing purposes by contacting us via email at email@example.com
Accessing your Information: You have the right to access information we hold about you. If you wish to exercise this right, please contact firstname.lastname@example.org requesting your data.
For the purpose of the Commonwealth Privacy Act 1988 (the Act), the data controller is Ziva Connect 2/497 Darling street, Balmain NSW 2041.