General Terms and Conditions

Last updated: 24 April 2026

These Terms and Conditions (Terms) govern access to and use of the Moving Mindz website, platform, mobile applications, surveys, reports, dashboards, communications, challenges, content and related services made available by Moving Mindz Pty Ltd (ACN 633 176 137) of Factory 35/1140 Nepean Hwy, Mornington VIC 3931, Australia (Moving Mindz, we, us, our).

By accessing or using the platform, creating an account, registering for a Program, clicking “I agree to the Terms and Conditions”, electronically accepting, approving a Proposal, issuing a purchase order, instructing Moving Mindz to commence work, or permitting participant onboarding under an agreed commercial arrangement, or otherwise using any part of the services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy.

If you do not agree, you must not access or use the services.

 

Definitions

In these Organisation Terms, unless the context otherwise requires:

Confidential Information means all non-public information of a party, whether oral, written, electronic or in any other form, including commercial, financial, technical, operational, contractual, business and participant-related information, but excludes information which:
a. is or becomes public other than through breach of these Organisation Terms;
b. was lawfully known to the recipient before disclosure;
c. is lawfully received from a third party without restriction; or
d. is independently developed without use of the disclosing party’s confidential information.

Deliverables means the reports, outputs, dashboards, presentations, materials or other work product expressly identified in the applicable Proposal, Program Information Memorandum, Order Form or other written acceptance.

Fees means the fees payable for the Services as specified in the applicable Proposal, Program Information Memorandum, Order Form or other written acceptance.

Intellectual Property Rights means all present and future intellectual property rights of any kind, including copyright, trade mark rights, design rights, patent rights, know-how, confidential information and all analogous rights anywhere in the world.

Participant means an individual invited, authorised or enrolled to participate in a Program.

Participant Data means personal information, activity data, survey responses, engagement data, usage data, challenge data, communication data and other information relating to Participants collected, generated or processed through the Services.

Privacy Law means all applicable privacy, data protection, surveillance and direct marketing laws, including the Privacy Act 1988 (Cth).

Program means the specific challenge, wellbeing program, survey program, measurement program, campaign or other service configuration described in the applicable Proposal, Program Information Memorandum, Order Form or other written acceptance.

Program Information Memorandum means the program description, scope, deliverables, timetable, pricing, commercial terms or other proposal documentation supplied by Moving Mindz for the relevant Program.

Services means the services to be supplied by Moving Mindz under the applicable Proposal, Program Information Memorandum, Order Form and these Organisation Terms.

Shared Platform Features means any platform features intentionally designed to be visible across more than one participating organisation in a Program, including cross-organisation leaderboards, standings, community feeds, social walls, comments, reactions, badges, achievements and the Watercooler.

Watercooler means the optional social or community feed, or similar engagement environment within the platform, through which Participants may post comments, reactions, updates, images or other content, and which may, depending on the Program design, be visible to Participants and authorised administrators from more than one participating organisation

 

  1. What Moving Mindz does

Moving Mindz provides a digital mental health, wellbeing, engagement and behaviour-change platform for individuals, organisations and groups.

Our services may include:
a. gamified mental health and wellbeing programs;
b. workplace wellbeing challenges and campaigns;
c. the Resilient Future Challenge and other multi-organisation or single-organisation events;
d. evidence-informed daily activities, nudges and mini-challenges relating to wellbeing domains such as mindfulness, gratitude, connection, sleep, nutrition, movement, resilience and laughter;
e. validated or best-practice surveys, wellbeing assessments and benchmarking;
f. community and engagement features including comments, reactions, posts, badges, leaderboards and the Watercooler;
g. organisation dashboards, analytics, benchmarking and reporting; and
h. related content, communications, education and support.

  1. Types of Programs

Moving Mindz may deliver:
a. independent events or programs, where a single organisation or group participates in its own program; and
b. shared or multi-organisation programs, including the Resilient Future Challenge, where more than one organisation may participate on the same platform at the same time.

Some programs may include Shared Platform Features, such as leaderboards, social feeds, community posts, badges, progress views and Watercooler interactions that can be visible across multiple teams or participating organisations.

  1. The Resilient Future Challenge

The Resilient Future Challenge is a Moving Mindz-operated, gamified mental health and wellbeing program that may involve multiple organisations participating concurrently on the same platform.

Depending on the program design, the Resilient Future Challenge may include:
a. organisation-specific features;
b. shared challenge features; or
c. a combination of both.

Participation in the Resilient Future Challenge does not mean that all participants are part of the same organisation, employer or insurer arrangement.

 

  1. No medical or emergency service

Moving Mindz provides wellbeing, engagement, measurement and educational services. We do not provide emergency services, psychiatric treatment, clinical diagnosis, medical advice, or crisis intervention services unless expressly stated in writing.

The platform and its content are not a substitute for professional medical, psychological or clinical advice, diagnosis or treatment.

If you think you may need urgent support, contact emergency services, your doctor, or an appropriate crisis support provider immediately.

 

  1. Eligibility

You may only use the services if:
a. you are legally capable of entering into a binding agreement;

  1. if you are under the age required to manage your own account then you must have your parent or legal guardian’s permission to participate. Please have your parent or legal guardian read these terms with you;
    c. you are authorised or invited to participate in the relevant Program; and
    d. the information you provide is accurate, current and complete.

If you access the platform through an employer, insurer, sponsor, client organisation or other entity, your access may depend on that organisation’s approval or program eligibility requirements.

  1. User accounts

To access some or all of the services, you may need to create an account, or an account may be created for you.

You must:
a. keep your login credentials secure and confidential;
b. not use another person’s account without authority;
c. notify us promptly of any unauthorised access or suspected breach; and
d. keep your account details accurate and up to date.

You are responsible for activity carried out through your account, except to the extent caused by our negligence, fraud or breach of law.

  1. Enterprise and organisational participation

If you participate through an organisation:
a. that organisation may configure or administer the Program;
b. authorised administrators may have access to certain participant or program information in accordance with the Privacy Policy and the Program design; and
c. some reporting, analytics or outputs may be provided to that organisation in accordance with the relevant Program materials, consent settings and Privacy Policy.

Moving Mindz is not responsible for the independent privacy or employment practices of your employer or organisation once information has been lawfully disclosed to them.

  1. Shared platform features and visibility

Where Shared Platform Features are enabled for a Program, information and content you choose to submit may be visible to other participants and, depending on the Program, to participants or administrators from other organisations.

This may include:
a. your display name;
b. organisation name, team name or affiliation;
c. profile photo or avatar;
d. posts, comments, reactions or uploaded content;
e. badges, achievements or challenge activity; and
f. other information intentionally disclosed through the relevant feature.

Participation in the Watercooler and similar social posting features is optional unless otherwise stated in the Program materials.

If you do not want content to be visible through a shared feature, do not post that content through that feature.

  1. Privacy

Our Privacy Policy forms part of these Terms and is incorporated by reference.

By using the services, you acknowledge that we may collect, use, store, disclose and otherwise process personal information and other data in accordance with the Privacy Policy, any applicable participant-facing terms and applicable law.

Where we collect mental health, wellbeing or other health-related information, we may require express consent before collection, use or disclosure.

  1. Acceptable use

You must use the platform lawfully, responsibly and in a way that is consistent with the purpose of the services.

You must not:
a. use the platform in any unlawful, fraudulent, abusive, defamatory, threatening, discriminatory, obscene or misleading way;
b. upload malicious code, attempt unauthorised access, or interfere with the operation or security of the platform;
c. scrape, harvest or mine data from the platform without written consent;
d. impersonate another person or misrepresent your affiliation;
e. infringe another person’s privacy, confidentiality or intellectual property rights; or
f. post content that is unlawful, harmful, misleading or inappropriate.

  1. User content

You remain responsible for content you submit through the platform.

By posting, uploading or submitting content, you warrant that:
a. you own it or have the right to submit it;
b. it does not breach any law or third-party right;
c. it is not unlawful, misleading or inappropriate; and

  1. you grant Moving Mindz a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, display and otherwise use that content solely to the extent reasonably necessary to operate, administer, secure, market and improve the services and the relevant Program.

Further to the license that you have hereby provided, Moving Mindz may also use content which is provided by you and is publicly-available factual information or feedback that you offer including but not limited to suggestions to improve our services. We may use such licensed content to host, reproduce, distribute, communicate, publish, or publicly display such content if you have made it visible to others or separately communicated same directly to us.

We may remove, disable or restrict access to content where we reasonably consider it necessary to protect users, organisations, the platform or our legal position.

 

  1. Fees and payments

Unless otherwise stated in the applicable Program materials, proposal, order form or written acceptance:
a. participant access may be funded by the participant, the participant’s organisation, as sponsor or an organisations’  insurer or a combination of these payees;
b. organisation clients are responsible for the fees allocated to them in the relevant commercial documents; and
c. independent programs outside the Resilient Future Challenge are ordinarily paid for by the relevant client organisation.

  1. Intellectual property

All intellectual property rights in the platform, software, content, surveys, methodologies, report formats, dashboards, scoring logic, program designs, branding and related materials remain owned by Moving Mindz or its licensors unless expressly stated otherwise in writing.

Nothing in these Terms transfers ownership of our intellectual property to you.

You may use the platform and content only for your personal participation or authorised organisational use of the relevant Program.

  1. Research, benchmarking and reporting

Subject to Moving Mindz handling any personal information that may be provided to it by you in accordance with the Moving Mindz Privacy Policy and applicable law, Moving Mindz may use Program data to:

  1. deliver and improve the services;
    b. prepare organisation-level reporting and analytics;
    c. generate de-identified, aggregated or benchmarked insights; and
    d. support research, publication, validation, product development and service improvement.

 

  1. Data

Ownership of the data procured from the delivery of the Services, and the analysis conducted by Moving Mindz in respect of that data, will be retained by Moving Mindz.

Moving Mindz may use data procured through the Services to:
a. deliver and administer the Services;
b. generate de-identified, anonymised and aggregated reports, analytics and benchmarks;
c. use aggregated or de-identified datasets for research, benchmarking, validation, publication, product improvement and service development; and
d. retain and use de-identified analytical outputs, learnings and methodologies derived from the Services.

 

  1. Suspension and termination

You hereby acknowledge and agree that Moving Mindz may suspend, restrict or terminate access to the services if:
a. you breach these Terms;
b. your eligibility or organisational access ends;
c. the relevant Program ends;
d. there is a security, legal or operational reason to do so; or
e. continued access would create material risk to us, the services or other users.

You may stop using the services at any time and may request account deletion in accordance with the Privacy Policy.

  1. Liability

Nothing in these Terms excludes, restricts or modifies any non-excludable rights under the Australian Consumer Law or other applicable law.

Subject to that:
a. the services are provided on an “as available” basis;
b. we do not guarantee uninterrupted or error-free operation;
c. we are not liable for indirect, incidental, special or consequential loss; and
d. our aggregate liability arising out of or in connection with these Terms or the services is limited to the amount paid by you directly to us in the 12 months before the relevant claim, or AUD $100, whichever is greater.

  1. Electronic acceptance

You agree that clicking “I agree to the Terms and Conditions” or a similar acceptance mechanism may constitute valid electronic acceptance of these Terms and the Privacy Policy.

If you accept these Terms on behalf of an organisation, you warrant that you have authority to bind that organisation.

 

  1. Changes to these Terms

We may amend these Terms from time to time.

Where a change is material, we will take reasonable steps to notify affected users electronically before or when the change takes effect.

Your continued use of the services after the effective date of the amended Terms constitutes acceptance of the amended Terms.

  1. Governing law

These Terms are governed by the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria and courts hearing appeals from them.