RUNNING STARS HEALTHY LIVING Pty Ltd (ABN 41 643 354 616) and its associates, related entities and subsidiaries (“RUNNING STARS”, “us” or “we”) is the owner of the RUNNING STARS APP or application (the ”App”).
We may change these Terms at any time and will take reasonable steps to bring any material changes to your attention. As you will be bound by any amendment to these Terms, you should review these Terms from time to time. By continuing to use the Service after any amendment to these Terms, you will be deemed to have accepted the amended Terms.
Using the Service and Registration
In order to use the Service, you will be required to register with the Service by providing RUNNING STARS with certain true and correct information about yourself (the “User Information”), as requested by the registration page on the Service.
User Information requested by us may include, but is not necessarily limited to:
- your full name and prefix (e.g. Mr or Mrs etc);
- your mobile and/or landline number;
- your address and email address, including so that we can authenticate you electronically and administer your account;
- your date of birth;
- your gender;
- Running event preferences; and
- other information that may be required in order to provide the Service to you.
In certain circumstances you may, to the extent reasonably practicable, sign up to the Service on an anonymous basis using a pseudonym.
You confirm that all of the information you provide to us, including the User Information and any personal details, will be complete, true and correct.
You must promptly notify and/or update your profile if any of your User Information is erroneous or changes. By providing your contact details, you agree to RUNNING STARS contacting you via such means.
By signing up to RUNNING STARS and using the Service you confirm that you are at least 16 years of age. Or, if you are under the age of 16, you confirm that you have the permission of your parent or guardian to use the Service.
You also expressly consent to us automatically collecting information about your geographical location, including by analysing your IP address or the location of your mobile phone, in order that we can tailor the Service to you based on your geographical location.
You must keep your user-name and password confidential and secure and not permit any other person to access the App using your user-name and password. We are entitled to assume that all uses of the App under a user’s user-name are undertaken by that user (unless we have been told that the user’s details have been compromised).
Intellectual Property Rights
All intellectual property rights (including copyright, database rights and trade mark rights) subsisting in, relating to or arising out the Service are owned by and vest in RUNNING STARS (or its licensors). You acknowledge and agree these Terms do not transfer any right, title or interest in RUNNING STARS’s (or its licensors’) intellectual property rights to you, nor may you use the RUNNING STARS or RUNNING STARS App trade mark without our prior written permission.
The Service may allow users to submit or post information, content and materials (“User Generated Content”) to the Service and/or RUNNING STARS, for access and use by other users, third parties and/or RUNNING STARS. References in these Terms to “User Generated Content” do not include any User Information, which is treated separately to User Generated Content. RUNNING STARS does not systematically review User Generated Content submitted by users and is not responsible for the form or content of any User Generated Content.
If you choose to submit or post User Generated Content, you must own or have the right to submit or post that User Generated Content and it must not: (i) infringe any intellectual property right (including copyright, database right or trade mark right) of any person or be in breach of any legal duty owed to any person, such as a contractual duty or a duty of confidence; (ii) deceive or be likely to deceive any person; (iii) be used to impersonate any person (including RUNNING STARS and its representatives) or to misrepresent your identity or affiliation with any person; or (iv) be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, encourage conduct that would be considered a criminal offence, give rise to civil liability, violate any law or be otherwise inappropriate. If you become aware or reasonably suspect that any third party content on the Service may infringe these requirements, you must promptly inform us.
You agree that RUNNING STARS may: (i) edit or delete your User Generated Content; (ii) link your User Generated Content to other material, including User Generated Content submitted by other users or material created by RUNNING STARS and/or other third parties; (iii) use your User Generated Content for its business purposes, including to promote, market or advertise the Service and/or RUNNING STARS; and (iv) directly or indirectly commercially benefit from your User Generated Content.
RUNNING STARS does not claim any ownership rights in your User Generated Content, however, by submitting User Generated Content you are deemed to grant RUNNING STARS (and its licensors) an irrevocable, perpetual, non-exclusive, royalty-free and world-wide licence to use that User Generated Content.
We may provide links to third parties’ websites (whether on the App or as part of our advertising or promotional materials), or may divert your devices to third party websites from time to time (“Linked Sites“). Unless otherwise noted on a Linked Site, Linked Sites are not reviewed, controlled or examined by us in any way. The provision of links to the Linked Sites does not mean that RUNNING STARS or its directors, officers, employees or agents endorse or recommend, or have any association with, the Linked Sites or the relevant third party goods and services.
You acknowledge and agree that we are not responsible for the content, availability, advertising, products, services or other materials of any Linked Sites, or any additional links contained on Linked Sites, or the conduct of any person associated with a Linked Site.
Linked Sites may be subject to their own terms and conditions of use and privacy policies. You acknowledge that it is your sole responsibility to review and comply with those terms and conditions, and we have no responsibility for your actions when using a Linked Site.
You must not use the Service for any purpose which we consider to be unacceptable or which breaches our code of conduct, as amended from time to time. Examples of unacceptable behaviour include use of the Service that:
- would cause you or us to be in breach of any law, code, or regulation;
- places any unreasonable impost, burden or strain on the technical resources of the Service, including the excessive transmission of data;
- depicts or promotes offensive or illegal behaviour;
- is offensive or promotes racism, bigotry, hatred or physical harm;
- would harass or threaten any other person;
- would defame any person;
- exploits people in a sexual or violent manner;
- contains nudity, violent or offensive subject matter;
- promotes an illegal or unauthorised copy of copyright material;
- promotes criminal activity or enterprise;
- could cause us to incur a liability to any third party or entity;
- violates the privacy or confidentiality of any person;
- involves compromising the security of any computer system or data storage system;
- contains, provides or creates computer viruses or deliberately corrupts systems, facilities or data;
- involves the sending of junk mail or unauthorised commercial electronic messages;
- alters or modifies the operation of the Service in any way; or
- involves the resale or resupply of the Service to any person without our prior written permission.
You acknowledge and agree that we may immediately suspend or terminate your access to the Service if you breach these Terms, or we suspect on reasonable grounds that you have breach these Terms or used the Service for any unacceptable purpose.
Suspension, availability and accuracy
We may refuse to register your account and/or provide you access to the Service, without giving reasons and without liability to you.
While we will take reasonable steps to ensure the availability and security of the Service, you accept that the Service provided by us is provided on an ‘as is’ basis. In particular, we may at any time immediately suspend or withdraw access without notice and without giving reasons.
We do not represent that the Service (or any software underpinning the Service) will be error, defect, “bug” or “virus” free, and you should take ordinary and prudent steps to ensure your own online security and safety.
We do not represent that any information, news, or other content on the Service is accurate, reliable or correct. You acknowledge and agree that such content is provided on a “no reliance” basis. You are responsible for verifying the accuracy, reliability and correctness of such content that you obtain through your use of the Service.
You acknowledge that the internet is an inherently insecure communication medium, and you use the Service at your own risk. You agree that we have no responsibility for any use, misuse, loss, corruption, interception or delay of information or data uploaded, downloaded, hosted or otherwise communicated via the Service. You further acknowledge that you are responsible for keeping all usernames, passwords and other security-based information secure and private at all times.
Without limiting any other provisions of these Terms, we will not in any way be liable to you for any kind of loss or damage incurred as a result of your use of the Service including but not limited to any viruses or other malicious software that may affect you while using the Service or for any faults, failures or interruptions or the accuracy, timeliness, completeness, security or reliability of any communications (including any transactions) made using the Service.
Other than express terms of these Terms and warranties, conditions, rights or guarantees implied by relevant legislation, including the Competition and Consumer Act 2010 (Cth), the exclusion of which from an agreement would contravene a statute or cause part or all of these Terms to be void (“Non-excludable Rights“), you agree that we exclude all liability arising from any implied or express representations, terms, conditions or warranties that would otherwise apply to your use of the Service.
Except for liability in relation to breach of any Non-excludable Rights and liability under clause 8.5, our maximum aggregate liability to you in contract, tort (including negligence), statute or otherwise, is limited to the higher of: (a) the total amount (if any) paid by you to us under these Terms during the 12 months before the first event giving rise to a liability occurred; or (b) one hundred Australian dollars ($100).
To the maximum extent permitted by law, for breach of any Non-excludable Rights, our liability is limited, at our option to, where the breach relates to goods, the repair or replacement of the goods or paying the cost of having the goods repaired or replaced, or where the breach relates to services, supplying those services again, or paying the cost (if any) of having those services supplied again.
To the maximum extent permitted by law, under no circumstances will we be responsible to you or any third party whether in contract, tort (including negligence), in equity or under statute for any special, indirect, consequential, incidental or punitive damages, including damages for loss of opportunity, profits, revenue or goodwill, regardless of whether or not such loss or damage was foreseeable and even if advised of the possibility of such loss.
You indemnify us and our related bodies corporate, directors, officers, employees and agents from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses, including reasonable legal fees, arising out of, or in any way connected to your use of the Service or information or content available by means of the Service, or the use of the Service by anyone using your device.
We may immediately terminate your access to the Service without notice or cause for any reason. Reasons we may terminate your access to the Service include where:
- you breach any of these Terms;
- we have ceased to provide the Service, in whole or in part;
- our business or contractual relationships with third parties require us to do so; and/or
- we consider that you have done something that is detrimental to our business interests or reputation or those of any of our third parties.
You acknowledge that none of RUNNING STARS, any of our third parties or any other person will have any liability to you for any reason whatsoever arising from any termination of your access to the Service (including the termination of your access to the Service).
If any provision in these Terms is void or unenforceable, that provision will be read down to the extent necessary to make it valid and enforceable and to the extent that it cannot be so read down, will be severed from these Terms.
If there is a contradiction or inconsistency between these Terms and any other notices, policies, communications or documents relating to the Service, these Terms will prevail to the extent of that contradiction or inconsistency, unless we expressly agree otherwise in writing.
- In these Terms, the words ”such as”, ”including”, ”particularly”, “by way of example” and similar expressions are not used as, nor are intended to be, interpreted as words of limitation.
Your rights and obligations under these Terms are personal to you and you must not assign, transfer, sub-contract or otherwise dispose of any or all of your rights and/or obligations under these Terms. We may assign, transfer, sub-contract, novate or otherwise dispose of any or all of our rights and/or obligations under these Terms without notice to you.
These Terms are governed by the laws in force in New South Wales, Australia and the parties agree to be bound by the non-exclusive jurisdiction of the Courts of New South Wales, Australia.
If you have any questions regarding these Terms or the Service, please contact us via:
- Email: firstname.lastname@example.org