Global Corporate Challenge - Terms and Conditions of trade

Parties: Global Corporate Challenge ( GCC )
and
Participating Employer ( the Employer )

Global Corporate Challenge consists of the following entities Gettheworldmoving Limited Company Number 6362225 and Gettheworldmoving Pty Ltd ACN 151 857 975.

Background (a) GCC currently conducts an online corporate health program available through the internet online platform identified as www.gettheworldmoving.com ( the Website ) which will enable employees of the Employer ( participating employee ) to take part in a worldwide event as a team of 7 seven persons by recording daily step counts entitling such employees to simulate in a virtual worldwide walk around the globe ( the Event ); (b) The Employer wishes to enrol one or more teams (i.e. seven employees) of its employees to take part in the Event; (c) This document sets out the terms and conditions regulating the delivery by GCC and the participation by the Employer and its employees in the Event.
Reliance The parties agree that no other terms and conditions representations warranties or alleged inducements may be relied upon by either party save as are set out in these terms and conditions or on the Website.
Term These terms and conditions shall remain in effect from the date the Employer registers its organisation as a participant (using the approved registration form available on the Website) until the 12th day of September 2012 being the anticipated last day of the Event for the 2012 calendar year.
GCC Undertakings GCC undertakes to the Employer that it will: (a) make available the Event in accordance with the representations provided on the Website; (b) provide to each of the participating employees of the Employer a Starters Pack (as such term is defined on the Website); (c) provide to an individual participating employee a unique password to allow such employee to access the Event 24 hours per day during the 2012 Event currently scheduled for the period 24th May through to and including 12th September 2012 ( the Event Period ); (d) during the Event Period take all reasonable steps to ensure that the Website is accessible and that any downtime is minimised; (e) at all times take all reasonable steps to comply with the terms and conditions as published on the Website (which terms and conditions are hereby deemed to be incorporated) from time to time in respect to the collection use and disclosure of information in respect to the Employer's participating employees in the Event; (f) provide to the Employer each of the items as set out on the Website and expressed to be deliverable Before During and Post the Event.
Employers Undertakings The Employer undertakes (and where noted undertakes on behalf of its participating employees) to GCC as follows: (a) It will make payment of the registration fee for each participating team within 14 days of submitting an individual team registration or alternatively shall ensure that individual employees comprising a team are responsible for and make payment for their own individual participation; (b) It will take all reasonable steps to ensure participating employees participate in the Event in accordance with the rules and regulations published on the Website or as communicated by GCC from time to time; (c) It will permit GCC in its promotional and publicity materials as well as on the Website to communicate the fact that the Employer is a participating employer in the Event and that any feedback from the Employer as to its or its employee's experiences in respect to the Event may be used similarly.
Limitation of Liability (a) The Employer acknowledges that any claim it or a participating employee may have against GCC will be limited to the cost of the fee paid to participate in the Event; (b) The Employer acknowledges that GCC will not be liable in any way for any contingent consequential direct indirect special or punitive damages arising whether due to the negligence of GCC or otherwise and acknowledges that any such claim shall be limited accordingly.
Risk of Participation The Employer on behalf of itself and its participating employees acknowledges that GCC is not in a position to determine the suitability or any other health risks that may be faced by an individual employee and hence each participating employee takes part in the Event solely at his or her risk.
Indemnity Employer accordingly agrees to indemnify hold harmless and defend GCC and its respective directors officers employees and agents from and against any and all claims brought by a participating employee in relation to his or her participation in the Event save in the circumstances of gross negligence or wilful misconduct on the part of GCC.
Refund GCC acknowledges that if for whatever reason (including events beyond its control) it is not able to provide the Event substantially on the basis of the matters set out on the Website as at the date of the Employer's registration then the Employer shall be entitled to either seek a refund or alternatively a credit for future participation in the Event.
Intellectual Property The Employer on behalf of itself and its participating employees acknowledges that at all times the intellectual property of whatever nature comprising the Event (including in particular the Website and the tolls data specifications or methods used to design create or otherwise develop the Website) shall remain the sole property of GCC and neither the Employer or its participating employees shall seek to make any claim to the contrary.
Jurisdiction The contract for the Employer and its participating employees in respect to the Event shall be deemed to have been made in the state of Victoria Australia and any disputes or claims shall be submitted to the sole jurisdiction of the appropriate court situate in Victoria.
Variation Any variation to these terms and conditions as between the parties shall be enforceable only if executed in writing signed by a representative of each of the Employer and GCC.
Severability The Employer acknowledges that any part of these terms and conditions can be severed without effecting any other part. It is the intention of the parties that each of the terms and conditions shall be binding upon them save where prohibited at law.

Each party agrees to be bound by these terms and conditions.