Please read these terms of use (“Terms of Use”) carefully.
The "RunAsOne Service" means the RunAsOne Membership Plan service (including our website, the RunAsOne App, associated user interfaces and all content and software and all other features and functionalities associated with those services) that provides subscribers with access to view and discover our Content (as defined below) streamed over the internet to Compatible Devices (as defined below).
The RunAsOne Service is operated and provided to you by RunAsOne Pty Ltd ACN 657 772 346 ("RunAsOne", "we", "us", "our").
Our Agreement
These Terms of Use, along with terms specific to your Membership Plan provided to you at the time of signing up, set out the agreement for your access to and use of the RunasOne Service (together, the "Agreement").
You should read the Agreement carefully, along with our privacy policy which is found on our website.
Your use of the RunAsOne Service means that you accept and agree to the terms of this Agreement. If you do not agree to the terms of the Agreement, please do not use the RunAsOne Service.
Interpretation
In these Terms of Use:
"Compatible Devices" means certain computers and other devices with internet browsers which are compatible with use of the RunAsOne Service.
"Content" means pre-recorded audio-visual exercise presentations and any other written materials or content available to view on the RunAsOne Service;
"RunAsOne App" means the RunAsOne software application owned by us that may be licensed for download on Compatible Devices; and
"Payment Method" means the way you pay for your Membership Plan, for example, by credit card or direct debit.
You are responsible for exercising within your limits.
Consult your doctor before using the RunAsOne Service and follow their advice. Read and follow all safety guidance provided as part of the RunAsOne Service. If at any time you feel you are exercising beyond your current fitness abilities, or you feel discomfort, pain, dizziness, or nausea, you should discontinue exercising immediately. Nothing on the RunAsOne Service constitutes medical or professional advice or care. We do not guarantee any exercise, health, weight loss or fitness results or improvements to users of the RunAsOne Service.
You are responsible for exercising within your limits and assume all risk of injury to your person or property resulting from your use of the RunAsOne Service, except where injury to your person has been caused by our negligence.
Your Membership Plan
To access and view Content you will need to:
4.1.1.register a RunAsOne Service account ("RunAsOne Account"); and
4.1.2.purchase a RunAsOne Service Membership Plan ("Membership Plan").
4.2. To create a RunAsOne Account, buy a Membership Plan and use the RunAsOne Service, you must:
4.2.1.be aged 18 years or above;
4.2.2.have internet access; and
4.2.3.provide us with a current, valid, Payment Method acceptable to us (as confirmed during the online sign-up process).
Your Membership Plan, which may start with a free period of access, will automatically renew for a subsequent Membership Plan period unless and until you or we cancel it in accordance with this Agreement.
You can find details of your Membership Plan with us at any time, including the price for your Membership Plan, by signing in to your RunAsOne Account and clicking on "My Profile".
During your Membership Plan, we grant you a limited, non-exclusive, non-transferable, non-assignable license to access the RunAsOne Service to view Content on a streaming-only basis. Except for this license, no right, title or interest in the Content or RunAsOne Service shall be transferred to you. You must not reproduce, perform, display or exhibit the RunAsOne Service or the Content for any commercial purpose or in any public place.
Changes to the Service
We may regularly make changes to any element of the RunAsOne Service or the Content. In particular, the availability of Content may change from time to time. We therefore have the right to add or withdraw Content at any time, with or without notice. You acknowledge and agree that Content is variable and will change from time to time without notice.
There may also be times when we have to remove certain features or functionality and/or stop allowing certain devices or platforms from being able to access the RunAsOne Service. We may also update or upgrade the RunAsOne Service from time to time. If changes to any element of the RunAsOne Service are likely to materially adversely affect the RunAsOne Service, we will try to make sure that any changes will not adversely affect you during your current Membership Plan period, so that you have the chance to cancel your RunAsOne Service before the next Membership Plan period begins. If we have to make an adverse change to the RunAsOne Service during your Membership Plan period, we will give you at least 30 days' notice and the right to cancel. If you do not cancel your Membership Plan after we have notified you about any changes and before these changes take place, and you continue to use the RunAsOne Service, unless prohibited by law, you agree that this constitutes your acceptance of the changes. If you choose to cancel your Membership Plan, we will, if required by applicable law, provide you with a refund for amounts you have paid for the RunAsOne Service but not received.
Changes to this Agreement
We may change the terms of this Agreement from time to time. The circumstances in which we may change the terms of this Agreement may include (without limitation), to comply with applicable laws, to provide you with additional information about the RunAsOne Service, where we need to make changes to the RunAsOne Service in order to improve it, or for safety or security reasons.
We will notify you at least 30 days before making any material changes to the terms of this Agreement, unless the changes need to be implemented quickly for security, legal or regulatory reasons, in which case we will notify you of the changes as soon as we can. If any change to the terms of this Agreement will materially disadvantage you, or materially affect the availability of the RunAsOne Service, we will provide you with 30 days' notice before the changes become effective and you can choose to cancel your Membership Plan before the changes become effective.
Where possible, we will ensure that any changes to the terms of this Agreement, which materially disadvantage you, will not come into effect until the start of your next Membership Plan period. If a materially adverse change is going to come into effect during your current Membership Plan period, you can cancel your Membership Plan before the change comes into effect and we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the RunAsOne Service but not received.
If you continue to use the RunAsOne Service following any change to the terms of this Agreement, you agree that this constitutes your acceptance of the amended terms of this Agreement. The most up to date terms of this Agreement will always be available on the RunAsOne Service from the effective date of those updated terms of this Agreement.
Differing Membership Plans and Activation Codes
We may offer a number of Membership Plan plans, including Membership Plans with differing Membership Plan periods, conditions and limitations. Any specific terms relating to a particular Membership Plan plan will be notified to you via the RunAsOne Service before you sign up for a Membership Plan. These specific terms will take precedence over the terms set out in this Agreement, to the extent that a conflict arises.
Membership Plan Fees
By purchasing a Membership Plan and providing or designating a Payment Method, you authorise us to charge you the relevant fee at the current rate ("Membership Plan Fee") to your Payment Method. As used in these Terms of Use, "charge", "charging" etc., shall indicate either a charge, debit or other payment clearance, as applicable, against your Payment Method.
The Membership Plan Fee will be charged at the start of the paying portion of your Membership Plan, and at the start of each Membership Plan period thereafter, unless and until your Membership Plan is cancelled.
The Membership Plan Fee will generally be charged on or after the 1st day of each calendar month. You must cancel your Membership Plan before the end of your current Membership Plan period (i.e. before the end of the calendar month) in order to avoid being charged for the next month’s Membership Plan Fee to your Payment Method. For example, if you wish to cancel your Membership Plan with effect from 1 May, you will need to provide notice no later than midnight on 30 April.
Unless required by law, there are no refunds or credits for partially used periods. However, following any cancellation, you will continue to have access to the RUNASONE Service through to the end of your current billing or Membership Plan period.
All charges shall be in Australian dollars unless otherwise specified.
If a payment is not successfully settled and you do not edit your Payment Method information or cancel your RunAsOne Account, we may suspend your access to the RunAsOne Service until we have obtained a valid payment method. When you update your Payment Method in your RunAsOne Account, you authorise us to charge the updated Payment Method for any uncollected amounts and your on-going Membership Plan Fee.
For certain Payment Methods, the issuer of your Payment Method may charge you a transaction fee or other charges. Check with your Payment Method service provider for details.
Price changes
We may change the price of your Membership Plan from time to time. We will give you at least 30 days notice of any price changes that will apply to you. We will let you know the date on which any price change is due to come into effect.
If we notify you of a price change and you do not want to continue your Membership Plan at the new price, you can cancel your Membership Plan before the start of the next Membership Plan period by following the steps provided in these Terms of use. If you continue to use the RunAsOne Service after the start of your next Membership Plan period, you consent to the price change, and you do not need to take any further steps.
Cancellation
10.1.You may cancel your Membership Plan at any time, and you will continue to have access to the RunAsOne Service through to the end of your current Membership Plan period.
10.2.To cancel your Membership Plan, see Clause 8 above.
10.3.If you cancel your Membership Plan, your RunAsOne Account will automatically close at the end of your current Membership Plan period.
Ending your right to use the Service
11.1.We may end your right to use all or any part of the RunAsOne Service or your Membership Plan immediately if we have a reasonable belief that you have breached this Agreement or if you are using the RunAsOne Service, the Content or your Membership Plan in any manner other than for its intended purpose, fraudulently or illegally.
11.2.If we decide to discontinue any part of the RunAsOne Service, we will give you at least 30 days' prior notice (unless we need to discontinue the RunAsOne Service (or any part of it) immediately for legal reasons, including in order to comply with a court order). If we discontinue the RunAsOne Service, we will, to the extent required by applicable law, provide you with a refund for amounts you have paid for the RunAsOne Service but not yet received.
11.3.If we end your rights to use the RunAsOne Service or your Membership Plan you must stop all activities authorised by this Agreement, including your use of the RunAsOne Service or your Membership Plan.
Your obligations
12.1.You agree to:
12.1.1.pay the Membership Plan Fees;
12.1.2.comply at all times with the terms of this Agreement;
12.1.3.use the RunAsOne Services for your own personal use and not for any commercial or business purpose;
12.1.4.ensure all information you give us is correct at all times, and notify us immediately of any changes to your contact details;
12.1.5.follow the instructions and directions we provide about using the RunAsOne Service and only use the RunAsOne Service in accordance with all applicable laws, rules and regulations;
12.1.6.be responsible and liable for any use by any other person (authorised or unauthorised) of the RunAsOne Services we provide to you, including, without limitation, any charges associated with that use and any consequences if an applicable person misuses the RunAsOne Services or breaches this Agreement or suffers any injury or damage to their property;
12.1.7.make sure everyone you are responsible for and who may use or do anything in relation to the RunAsOne Services also meets the responsibilities set out in this Agreement; and
12.1.8.be responsible for configuring your information technology, computer Content and Compatible Devices in order to access our website, app and the RunAsOne Service. You should use your own virus protection software.
Intellectual Property
13.1.The RunAsOne Service and Content may be protected by copyright, trade mark, trade secret and/or other proprietary intellectual property rights owned by or licensed to us.
13.2.You have no intellectual property rights in or to the RunAsOne Service or any Content, other than the right to use them in accordance with this Agreement.
13.3.You may not remove, alter, or in any way tamper with any copyright notices or other proprietary markings included in the RunAsOne Service or any Content. Any copying, access, transfer, public performance or communication to the public or other use of the RunAsOne Service or any Content other than as expressly authorised by applicable law or this Agreement shall constitute an infringement of applicable intellectual property rights and a breach of this Agreement. In the event of applicable infringement, we may, without notice, block your access to the RunAsOne Service and terminate any Membership Plan you may have and pursue any rights or remedies available to us.
13.4.You may not use any of our trademarks or service marks in any domain names or in any account name or user ID for any social media site or blog. All page headers, custom graphics, button icons, and scripts are the copyright and/or service marks, trademarks, and/or trade dress of us and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Our trademarks, service marks and trade dress may not be used in any manner that is likely to cause confusion amongst the public or in any manner that disparages or discredits us. All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the RunAsOne Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Our liability to you
14.1.If we breach these terms of use we will only be liable for losses which are a reasonably foreseeable consequence of that breach. Losses are foreseeable where they could be contemplated by you and us at the time of you agreeing to these terms of use.
14.2.We are not responsible for:
14.2.1.any use of the RunAsOne Service which isn't authorised by us;
14.2.2.any malfunction of or interruption to the RunAsOne Service due to unforeseeable circumstances that prevent us from fulfilling our obligations to you;
14.2.3.errors, viruses or bugs present in or arising from your use of the RunAsOne Service;
14.2.4.incompatibility of the RunAsOne Service with any other software or hardware (including any of your devices); and
14.2.5.any act or default of any third party platform, service provider, supplier, device manufacturer or provider of a device operating system, which are beyond our reasonable control.
14.3.To the fullest extent permitted by law, in no event shall our total liability to you for all losses or damages arising from your use of the RunAsOne service or your Membership Plan exceed the amount you have paid for your Membership Plan.
14.4.We cannot guarantee that the RunAsOne service will be free from bugs or errors or that your access will be free from interruptions (for example there may be downtime for maintenance or updates or any power or server outages or other reasons outside our control), however where we are made aware of technical issues then we will always try to fix them.
14.5.Please note that we are not responsible for any lack of functionality or failure to provide any part of the RunAsOne service, or any loss of content or data that is due to: your equipment, devices, operating system or internet connection, your failure to download the most recent published version of the RunAsOne service or meet the compatibility requirements or the consequences of you changing your equipment, device, operating system or internet connection.
Severability
15.1.If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If a modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
Transfer of rights
16.1.The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under this Agreement to any company, firm or person provided that your Membership Plan will not be adversely affected as a result of this type of transfer. You may not transfer your rights or obligations under this Agreement to anyone else.
Notices
17.1.We will send you information relating to your account and your Membership Plan (e.g. payment authorisations, invoices, changes in password or payment method, confirmation messages, content and feature updates and other service or transactional messages) by email to the email address provided during sign up. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that applicable communications be in writing.
Jurisdiction
18.1.This Agreement is governed by the laws of South Australia and each party submits to the non-exclusive jurisdiction of the courts of South Australia.
Complaints or feedback
19.1.If you have any complaint or feedback please speak to us, by contacting us using the details on our website