TERMS AND CONDITIONS
Effective April 12th 2017
- Please read carefully this Terms and Conditions document, and keep a copy of it for your reference. By accessing the Runmatch website, Runmatch mobile application, their Content, Services or any of our features you agree to be bound by these Terms, applicable laws, and other applicable internet policies. Terms apply to all Users regardless of the way, purpose or instruments used in accessing the Site or the App. If you do not agree with any part or all of the Terms, you may not use or access the Site and the App. These Terms represent the entire agreement between Runmatch and you. You may be subjected to additional terms and policies, rules or guidelines which apply to specific elements of the Services. This agreement is concluded between Runmatch and User only, and not with Apple, Google or other service providers, and Runmatch, not Apple, Google or other service provider, is solely responsible for the Site, the App and the Service.
- These Terms do not interfere with any obligation or authorization provided in any other individual agreement concluded between you and Runmatch. In case of any contradiction between the two, rules of the individual agreement shall prevail over these Terms.
- 'Terms' refers to the latest version of these Terms and Conditions document.
- 'Site' refers to the website of the Runmatch.
- 'App' refers to the mobile phone application of the Runmatch for Android, iOS, and other operating systems if available.
- 'Platform' refers to both the Site and the App collectively as a space for offering the services to users.
- 'User/You' refers to any person, downloading, visiting, using or in any other way interacting with the Site or the App or their respectful Content regardless of the activities taken.
- 'We/Us' refers to Runmatch and their developers and affiliates.
- 'Run Leader' refers to a person who offers classes or other fitness related activities through the Platform.
- 'Run Credits' refers to currency for purchasing of the services on the platform.
- 'Outside sources' refers to any application, website, natural or legal entity other than Runmatch, the App, the Site or their affiliates.
- 'Content' refers to all images, text, audio and video data or any other information located on the App and the Site. Content also refers to images, text, audio and video data or any other information located on any other place provided that there is information that said content originated from the App or the Site.
- 'Services' refers to all services delivered on the platform, excluding the services provided by the Run Leaders.
- GENERAL PROVISIONS
- We reserve the right to update and change the Terms without notifying you. The current version of Terms is available on the Site indicating the effective date. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. You may not be excused for the breach of this agreement because of your ignorance of its content, so it is in your best interest to read, understand, and keep updated on the current version of the Terms.
- Content, information, and other statement found and published on the Site is provided for informational purposes only and is not intended as, nor does it contain medical, financial, technical or expert advice, or is appropriate to be in any way relied upon by you without going through your own independent verification.Please consult a physician before starting or changing your fitness program. If you experience pain or discomfort during or after your exercise you need to stop your exercises and seek medical advice. Not all training programs are suited for everyone.
- ELIGIBILITY AND COMPLIANCE
- By downloading the App or accessing the Site you confirm that you are at least 18 years of age. By using our Services, or by providing your information for other purposes, you confirm that you (i) have full legal capacity to enter into a binding relation, (ii) that you will provide true, accurate, and complete information where requested, and information which is otherwise compatible with these Terms, (iii) that you have available funds necessary for the requested Service, (iv) that you will not use Services contrary to these Terms or applicable laws. User also represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- We may not control who uses the Site or the App, so it is upon you to assess whether using the Site, the App, or our Services is in compliance with any local laws and regulations. Whenever you are visiting our Site or using our App or Services you will need to comply with these Terms and any applicable laws, regulations and policies. If any part of the Site, the App or the Services is not in compliance with your local laws, you may not use the Site, the App and the Services. Any such Service will be considered as 'not available in your region'.
- Our Platform can be used to track your fitness activities, share your activities and search for and facilitate the classes and group runs lead by Run Leaders (see 4.x - 4.y).
- Some of the Services provided are only available upon registration. If you chose to access these Services you agree to the following terms:
- Users who wish to register with Runmatch are required to provide true, accurate, current and complete information about themselves as prompted by registration forms provided. You agree to update your information should there be any changes, in order to keep registered information true, accurate, current and complete. If you provide information contrary to aforementioned conditions, we may deny you or terminate your access to the Site, the App, parts of them or our Services. We are not responsible for any failure in providing the Services which results from information that is not true, accurate, current and complete.
- You understand that it is your responsibility to keep your log in information confidential. You are responsible for all activity under your account. If you ever find out or suspect that someone accessed your account without authorization, you must inform us immediately.
- You acknowledge that portions of the Services may be made available through third-party providers such as Run Leaders. Run Leaders are not our employees but rather independent contractors.5.6 Although we cannot guarantee that Run Leader will meet all your requirements, we take every precaution to provide you with the list of reliable Run Leaders. All Run Leaders are subject to a rating system.
- You understand that Runmatch cannot guarantee the behavior and conduct of the Run Leader.Other than providing a Run Leader's profile on the Site or App, we do not endorse in any way any individual Run Leader. Choosing a Run Leader is your personal decision, and you are advised to conduct additional research before making the decision. Any issue which might arise between you and the Run Leader is in no way the responsibility of the Runmatch, and you agree that you will not hold Runmatch liable for any damage, caused either directly or indirectly by the Run Leader.
- Some services are available through purchasing of and paid by the Run Credits. Run Credits may be purchased in packages or on a subscription bases. Full list and description of our pricing and subscription plans is available on the Site, through the App, in the catalog, or provided through e-mail or phone. We reserve the right to change and update our prices and subscription plans periodically at any time and without notification. All changes become effective from the day of publishing.
- We may, at our own discretion, limit the number of available Services or refuse to provide the Service without the need to deliberate on the reasons for such action. We may especially refuse to accept your order if: (i) The billing information you provided is incorrect, or invalid, or we are otherwise unable to process the payment,
- If you use our subscription option for Run Credits, subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
- You may elect to pay Runmatch subscription fees on a monthly basis. All such subscription fees are payable in advance. Subscription fees will be billed automatically to the payment method at the start of the monthly period, and will auto-renew until your subscription is terminated. The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance.
- You authorize Runmatch to charge your payment method for the appropriate subscription charges and fees and for any other purchases you elect to make via the Services. Runmatch reserves the right to increase subscription fees or to institute new fees at any time upon reasonable notice posted in advance on Site or in the App. All purchases are final and no refund or exchange will be provided for the unused portions of paid Services or for the unused Run Credits. However, in the event that the Services paid with the credits was canceled by Run Leader or us, before being utilized, we will return the Run Credits to the user account. If you cancel the services all charges will apply and we will not provide refund.
- We may contact you using the available contact information provided by you, for any matters relating to the Services (Service e-mails). These e-mails do not constitute "unsolicited commercial e-mail advertisements" and you are not able to opt-out of receiving them. We may also inform you through e-mail about news, promotions, special offers and or other topics of interest related to the Runmatch and our affiliates (Promotional e-mails). You may choose to stop receiving these promotional e-mails at any time by following the instructions contained in promotional e-mails.
Pricing and Payment
(ii) We suspect that order is fraudulent. We reserve the right to refuse any order which we, in our sole discretion, find to have been placed as a result of fraudulent activity,
(iii) Your order is placed pursuant to previous credit card dispute.
Third Party Services
- LICENCE, INTELECTUAL PROPERTY RIGHTS, AND USER GENERATED CONTENT
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non- transferable, non-sub licensable license to download and use the App and to use the Site. Except as expressly permitted in these Terms, you may not: copy, modify or create derivative works based on the Site, the App and their Content; distribute, transfer, sublicense, lease, lend or rent the Site, the App or their Content to any third party; reverse engineer, decompile or disassemble the Site or the App; or make the functionality of the Site or the App available to multiple users through any means.
- Usage of the Content is governed by appropriate laws of the state of California.
- The Site and the App are Copyright © 2017 Runmatch, all rights reserved. You must reference the Site, the App, their respectful owners, and authors of the content where available if you are using content for non-commercial use. Trademarks, service marks, logos and copyrighted works available on the Site and in the App are the sole property of Runmatch, our affiliates, or used under appropriate licenses.
- If you post content on the Site or through the App, you grant us a non-exclusive, royalty- free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on the Site and on any other marketing material we may create. Whenever we might use the User generated content we will give appropriate credit to the content provider through their account username if available. Except before mentioned usage of user generated content, you retain copyright and any other rights you already hold in content which you submit, post or display on or through the Services.
- We aim to provide a safe space for all our Users. However, considering how we do not monitor user-generated content on the Site, you agree to inform us immediately if you come across any illegal activity, activity that is in breach of these Terms, or activity you suspect might be in violation of these Terms or applicable laws or might otherwise be objectionable. Although we expressly prohibit posting of any User Generated Content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties, we do not pre-screen the content, so you hereby agree that you may be exposed to any such content and that you use the Site and the Services at your own risk. We reserve the right to remove any content which we find to constitute a breach of these Terms or relevant laws, without notifying the users or providing reasoning for such action. You recognize and concur thatRunmatch bears no obligation regarding the risk, harm, damage, or loss that might emerge from content submitted to or distributed on the Site or the App.
- We allow users to rate and comment on the performance of Run Leaders whose runs they have attended. We reserve the right to publish or not to publish those ratings and comments (feedback) on the Site and the App at our absolute discretion. We reserve the right to delete or modify feedback submitted on the Site or the App at any time for any reason. We will delete or modify if it is clear that, in the opinion of Runmatch, the feedback is factually incorrect or does not relate to the provision of services to the user who submitted feedback. We reserve the right to aggregate each feedback into a percentage score and publish that score on the Site and the App.
- In USA and other countries, feedback may be considered defamatory of the reputation and standing of individuals. You acknowledge and agree that Runmatch accepts no responsibility for liability, damage, injury or loss that may arise from feedback submitted to or published on the Site or the App, and you, by these Terms, release forever and indemnify Runmatch from any liability it may incur arising out of (whether directly or indirectly) any feedback posted on the Site or the App. Further you agree that, if you or anyone else commences or threatens any action or proceeding against Runmatch or makes any claim or demand against Runmatch as a result of any feedback you submit to the Site or the App, we may, in our absolute discretion, without any notice to you immediately cancel or suspend your membership of the website.
- RULE OF CONDUCT
- During your use of our Services, you will not behave contrary to the Terms, Policies, applicable laws and regulations, and you will especially not, without limitation, do anything of the following: (i) send or otherwise post unauthorized commercial communications (such as spam) on the Site;
(ii) collect users' content or information, or otherwise access the Site, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(iii) upload viruses or other malicious code;
(iv) solicit login information or access an account belonging to someone else;
(v) bully, intimidate, or harass any other User;
(vi) provide any false personal information on the Site, or create an account for anyone other
than yourself without permission;
(vii) create more than one personal profile;
(viii) post or transmit content which is illegal, hateful, obscene, threatening, incites violence, insulting, defamatory, infringing of intellectual property rights, invasive of privacy, or contains graphic or gratuitous violence or is otherwise objectionable to third parties;
(ix) harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site;
(x) take any action creating a disproportionately large usage load on the Site or the App unless expressly permitted by us;
(xi) delete, hide, remove or modify any Content or communication of the Site or the App or of other individuals other than yourself;
(xii) Encourage participation or promote any contents, pyramid schemes, surveys, chain letters or spamming, or unsolicited emailing through the website.
- THIRD - PARTY CONTENT
- You will indemnify and hold harmless Runmatch, and its employees and affiliates, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with your access to or use of the Site, the App and our Services, content which you provide, or your violation of these Terms.
- STATUE OF LIMITATION
- You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of the Site, the App, the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.11.2 In no event will Runmatch be liable for any amount of money over the sum of all amounts paid by you to the Runmatch.
- DISCLAIMER AND LIMITATION OF LIABILITY
- TO THE FULLEST EXTENT PROVIDED BY LAW, THE SITE, THE APP AND SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, AND/OR DELIVERING THE SERVICES, THE SITE AND THE APP ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING THE SITE OR THROUGH YOUR DOWNLOADING OR USING THE APP AND THEIR RESPECTIVE CONTENT, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS. IN NO EVENT WILL RUNMATCH, OR ANY OF OUR AFFILIATES OR SERVICE PROVIDERS BE LIABLE FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE ANY CONTENTS ON THE WEBSITE.
- YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE STARTING ANY EXERCISE PROGRAM. THIS IS PARTICULARLY TRUE IF ANY OF THE FOLLOWING APPLY TO YOU:
- CHEST PAIN OR PAIN IN THE NECK AND/OR ARM;
- SHORTNESS OF BREATH;
- DIAGNOSED HEART CONDITION;
- JOINT AND/OR BONE PROBLEMS;
- IF YOU'RE TAKING ANY MEDICATIONS, ESPECIALLY CARDIAC AND/OR BLOOD PRESSURE MEDICATIONS;
- HAVE NOT PREVIOUSLY BEEN PHYSICALLY ACTIVE; OR
IF NONE OF THESE APPLY TO YOU, YOU SHOULD NONETHELESS START ANY EXERCISE PROGRAM GRADUALLY AND SENSIBLY. IF YOU FEEL ANY OF THE PHYSICAL SYMPTOMS LISTED ABOVE WHEN YOU START YOUR EXERCISE PROGRAM, YOU SHOULD CONTACT YOUR PHYSICIAN IMMEDIATELY. THE INFORMATION AND CONTENT CONTAINED ON THE PLATFORM ARE PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. RUNMATCH IS NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATIONS.
- RUNMATCH IS NOT RESPONSIBLE FOR ANY HEALTH PROBLEMS THAT MAY RESULT FROM TRAINING PROGRAMS, PRODUCTS, OR EVENTS YOU LEARN ABOUT THROUGH THE PLATFORM. IF YOU ENGAGE IN ANY EXERCISE PROGRAM YOU RECEIVE THROUGH RUNMATCH, YOU AGREE THAT YOU DO SO AT YOUR OWN RISK, AND ARE VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES.
- ESPECIALLY FOR RUNMATCH APP FOR IOS: Runmatch, not Apple, is responsible for addressing any claims of the User or any third party relating to the App or the User's possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim that the App or the User's possession and use of the App infringes that third party's intellectual property rights, Runmatch, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Furthermore, by agreeing to these Terms you fully accept and acknowledge the following disclaimer stated below: (i) We have no power over the quality, wellbeing or legitimateness of the Services provided by Run Leaders,
- Runmatch, it's employees, agents, and its directors do not accept any liability and you hereby agree to release us of any liability arising (whether directly or indirectly) out of the information provided on the Site, the App, or anyone else through our Site or App, or any errors, in or omissions from information on the website.
- Runmatch does not make any warranty that any Run Leader or user is distinguished, or will act in good faith, or will act according to their terms of engagement. Runmatch does not make any warranty that any information on the Site or the App is complete, reliable, accurate, or access to our Site and App is secure, available, and uninterrupted.
- Runmatch is not liable for loss (whether directly or indirectly) caused by your actions or decisions based on your reliance on the information provided to you through the Site or the App, nor caused by the delay, malfunction of the operation or the availability of the Site or the App.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- GOVERNING LAWS AND CHOICE OF FORUM
- This Agreement shall be governed by and construed under the laws of the state of California, USA, without regard to its conflict of law provisions, as applied to agreements entered into and to be performed in California by the California residents. You also agree and hereby submit to the non-exclusive jurisdiction of the Arbitration and Arbitrator of our choosing, or courts located in San Francisco, CA.
- FINAL PROVISIONS
- If any part of these Terms is found to be invalid, illegal or unenforceable in any respect, it will not affect the validity or enforceability of the remainder of the Terms. The section titles in the Terms are for convenience only and have no legal or contractual effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.
- We always look forward to your opinion, so if you have any questions, suggestions, or comments, you can address them to [email protected]
(ii) Runmatch can't and does not affirm every user's identity.
(iii) If you have a dispute with one or more of Site users, you discharge Runmatch and our affiliates from cases, requests and harms of each kind and nature emerging (whether specifically or by implication) out of such dispute.