ADICLUB TERMS & CONDITIONS

    1. ELIGIBILITY
    2. JOINING THE CLUB
    3. EARNING POINTS
    4. EXPIRATION OF POINTS
    5. CLUB LEVELS
    6. LEVEL REQUALIFICATION
    7. REWARDS
    8. USE OF ACCOUNT
    9. PERSONAL DATA
    10. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
    11. DISCLAIMER AND LIMITATION OF LIABILITY
    12. GOVERNING LAW AND JURISDICTION
    13. MISCELLANEOUS
    14. CONTACTING US

      Terms of Use

    1. VALITY OF THERSE TERMS
    2. PREREQUISITS FOR USE
    3. USER CONTENT
    4. USER OBLIGATIONS
    5. BREACH OF USER OBLIGATIONS
    6. EXCLUSION FROM THE SERVICES
    7. DISCLAIMER AND LIMITATION OF LIABILITY
    8. PROPRIATARY RIGHTS
    9. CONFORMITY

    ADICLUB TERMS & CONDITIONS

    Welcome to adiClub (the “ Club ”), the Club includes a membership program and a subscription to the adidas running and training apps as further set out below. The Club is organized by Adidas Australia Pty Limited ABN 80 058 390 659, whose registered address is Level 1, 37 Dunlop Road, Mulgrave VIC 3170 Australia (“ adidas ”, “ we ", or " us ”). When we refer to " you " or " your " we mean you, the person accessing these terms and conditions (the “ Terms ”). These Terms govern your participation in the Club and by participating in the Club, you agree to be bound by these Terms. By joining the Club, you also agree to be bound by our website terms and conditions, accessible at https://www.adidas.com.au/help-topics-terms_and_conditions.html (" Website Terms and Conditions "), if you are using our official mobile application, the terms and conditions of that application (“ App Terms and Conditions ”), and if you are using adidas running and adidas training apps, the terms and conditions of those apps, accessible at https://www.runtastic.com/terms?member_country=au (“ adidas Running and Training Terms and Conditions ”), as well as our Privacy Policy, accessible at https://www.runtastic.com/privacy-notice?member_country=au .

    Please read these Terms carefully.
    1. ELIGIBILITY
        To participate in the Club, you must be at least 18 years old and a legal resident of Australia . By enrolling and participating in the Club, you confirm that you meet this eligibility requirement.
        For a high-level summary of how to join the Club, how to earn points, available rewards for different Club levels, please visit https://www.adidas.com.au/creatorsclub . For more details, please keep reading below.
    2. JOINING THE CLUB
        If you meet the eligibility criteria above, you can join the Club by filling out a registration form on the adidas website at https://www.adidas.com.au/account-register , on the adidas mobile app, on the adidas running/adidas training apps, or by scanning a QR code in adidas retail stores. No purchase of any products is required to join the Club. Only one account is allowed per individual. If you join the Club, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration form.
    3. EARNING POINTS
        As a member of the Club, you will earn points for purchases (except for using or purchasing gift cards or any other kinds of purchases adidas may explicitly exclude from time to time) that you make on the Australia-version of our official website http://www.adidas.com.au (the " Website "), the Australia-version of our official mobile application (the " App ") or in participating adidas retail stores in Australia, as set forth in Annex A to these Terms (the " Stores ") (together, the " Eligible Channels "). For every AUD 1 (including applicable GST) spent you will earn 10 points.
        Purchases include purchases of regular and sale priced merchandise. Purchases at stores other than the Eligible Channels will not qualify for points (even if you purchase adidas products). If you return purchased items, the points earned by those items will be deducted from your point’s total.
        In addition to earning points for purchases, you can also earn points for certain interactions with us. The number of points available will be as set out at https://www.adidas.com.au/creatorsclubrewards . These include but are not limited to:
        • Welcome bonus: When you first successfully register as a member of the Club, we will automatically credit your account with points to thank you for joining.
        • Profile bonus: If you submit a complete profile on the App or Website then you will be awarded additional points. This profile bonus can only be earned once. Subsequent changes to your profile will not be awarded points, unless explicitly stated by us at that time.
        • Product reviews: You can earn points by posting a review of adidas products on the Website or App. You hereby consent to your product reviews being publicly viewable. You may only be awarded points for a maximum of 10 reviews per calendar year. For the avoidance of doubt, you are free to determine the content of your review provided that you comply with Customer Ratings and Reviews Terms and Conditions presented to you when submitting your review.
        • Birthday bonus: You may be eligible for bonus points on your birthday based on your level. This will be automatically credited to your membership account. Birthday bonus points will be awarded only once during a calendar year.
        • adidas Runtastic apps (from 12 November, 2020): participating in adidas Runners events and completing activities in the adidas Runtastic apps: adidas Running and adidas Training.
        • You can earn points in adidas Running by Runtastic app each time you track the distance of your run. When tracking runs, please note that points will be given only to activities that can be tracked by GPS (e.g. we can't give points to treadmill runs). Manual entries and edited activities are not eligible for receiving points. We will get you started by giving you points when you create a new account on the app.
        • You can earn points in adidas Training by Runtastic app by completing workouts. You can get rewarded for maximum one completed workout per day. Please note that manual entries and edited activities are not eligible for receiving points. We will get you started by giving you points when you create a new account on the app.
        From time to time, we, in our sole discretion, may change, discontinue, or add interactions where you can earn points, and change the number of points that could be earned, with or without prior notification to you. Please check our rules regularly.
        You must provide your adidas membership identification (email address or membership ID) in the Stores, or be logged into your adidas account on the Website or App to receive the eligible points for your purchases or interactions. In the event you are unable to receive eligible points due to not being logged in or your identification not being accepted as proof, you may contact the adidas customer services team ( https://www.adidas.com.au/contact.html ) with the required proof to redeem the points for your purchases or interactions within 30 days from the date of your purchase or interaction, and adidas has the sole discretion to determine whether the proof you provide is sufficient and whether to proceed with your request on the redemption of points. Thereafter, we will not accept any further requests for point redemptions for the same purchase or interaction.
        To the extent permitted by law, we will not be liable for any delay or omission in the crediting of points to your account for any reason whatsoever, including but not limited to technical faults, and inaccurate and/or incomplete information submitted by you.
        Existing adidas account holders can start earning points from the day they have been migrated to the Club, and no prior transactions or interactions will be eligible for points. New members will start earning points from the date they register for the Club, and no prior transactions or interactions will be eligible for points save that when you have provided your email address (for the purpose of being contacted in relation to Club membership) in our Stores whilst making a purchase and you subsequently join the Club, we shall award you the points for that particular purchase to your Club membership. Membership start dates for the Club may vary for members depending on their account type.

    4. EXPIRATION OF POINTS
        The Club points will remain valid for 12 months. This period will always finish at the end of the month. For example, if you earned points on June 9, 2019, they will expire on June 30, 2020, unless adidas explicitly states otherwise. Points are not transferable between members. Points have no cash value and cannot be exchanged for cash.
    5. CLUB LEVELS
        The Club has four separate levels. You can move up through the different levels by earning points.

        Level 1 is the entry-level for members with 0-999 points. You only need to register for the Club to be part of this level and no purchase of any products is required.
        Level 2 is for members with 1,000 – 3,999 points.
        Level 3 is for members with 4,000 – 9,999 points.
        Level 4 is for members with 10,000 points and above.

        You can climb to the higher levels by accumulating the required number of points mentioned above within 12 months from the end of the month of registration or current level entry (the “ Membership Year ”). Where applicable, multiple level upgrade is possible which will be based on your purchases and interactions with us. At higher levels, you can access even greater benefits. If level upgrades are achieved by acquiring points through purchases of our products, we reserve the right to delay this upgrade for a period that is equal to the applicable return period (30 days) for the purchased product(s).
        You must meet the requalification requirements at the end of your Membership Year in order to remain at your current level. If not, you will be downgraded to the next level below after the last day of the Membership Year. Returns can cause you to drop down multiple levels. For example, if you return an order or product, the points earned will be deducted, which could cause you to drop by that number of points.
    6. LEVEL REQUALIFICATION
        The requalification period starts on the exact date you upgrade or downgrade to a new level or maintain the current level, and ends 12 months later, always at the end of the month (unless you upgrade earlier before such end). Points earned after your last level entry will accumulate towards requalification points. The number of points required for you to requalify for any higher level or your current level is equal to the minimum point balance needed to enter that level.
        After a level upgrade, your requalification points will be set to 0. After a level-maintenance, your requalification points will be set to the minimum point balance needed to enter that level (1,000 for level 2, 4000 for level 3and 10,000 for level 4).
        If you are in level 2, 3 or 4, and you do not earn enough points to maintain your current level within the requalification period, you will be downgraded to the next level below, regardless of the number of requalification points you have accumulated within the requalification period. The downgrade will take place after the last day of the requalification period, always at the end of the month. After a level downgrade, your requalification points will be set to 0.
    7. REWARDS
        Entry and progress through each of the above-mentioned levels will unlock a set of new rewards for members as set out here: https://www.adidas.com.au/creatorsclubrewards .
        You will have access to the rewards in your current level and the levels below it. For example, a level 3 member will have access to the rewards from level 3 as well as level 2 and level 1 (except for the lower levels’ entry discount vouchers).
        The lists of rewards for different Club levels are determined by us in our sole discretion. We reserve the right to change the rewards for different Club level. The rewards offered are subject to availability. To the maximum extent permitted under applicable laws, we do not make any warranty or representation on any products or services offered as the rewards.
        Certain rewards will be conditional upon you agreeing to separate terms and conditions applicable to that reward which will be made available to you when redeeming that reward . In addition, the following terms and conditions apply to the following specific rewards which may be offered under one or more of the levels:
        • Discount Vouchers: These are single use discount vouchers that are unlocked when you upgraded to a new higher level . These will have limited validity periods and maximum discount values of which details will be communicated to you on receipt of the discount vouchers. Certain product exclusions and/or Eligible Channels exclusions may apply. These discount vouchers may not be combined with other promotions or discounts.
        • Early access to product launches: You may get early access to certain adidas product launches. These will exclude Hype product launches and are subject to pre-allocated stock availability for members.
        • Free subscription to the adidas running and adidas training apps: available from entry into the Club and subject to acceptance of the adidas Running and Training Terms and Conditions.
        • Premium subscription to the adidas running and adidas training apps: You will get a premium subscription to Runtastic Premium for the term indicated for your level, subject to acceptance of any applicable premium membership terms. Each subscription begins from the date the relevant voucher is activated with Runtastic Premium. For the avoidance of doubt, the subscription may be revoked if returning an order results in a level downgrade.
        • Early access to sales/promotions: You may receive early access to certain sales/promotions that we make available. The duration of early access may vary between sales/promotions and could also depend on which level you are in at the time of the sale/promotion. Our standard terms and conditions for sales/promotions will also apply.
        Specific rewards (whether products or experiences) are available while supplies last and may be subject to change, discontinuance, limitations, and substitutions by us, at our discretion and at any time without notice.
    8. USE OF ACCOUNT
        You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for any and all activities that occur under your password or account. The Club is for your personal use only. You must not share your adidas membership identification and/or password or in any way make them accessible to others. You must immediately inform the adidas customer services team (details set out below in Clause 14) of any unauthorised use of your password or account or any other breach of security. Any losses incurred or sustained by you in transmitting your personal information using your account shall be borne by you, and in no event shall any such losses in whole or in part be borne by us.
        You agree that you shall not:
        • access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your membership information of the Club for any commercial purposes;
        • impersonate any person or falsely state or otherwise misrepresent your affiliation with any person or entity;
        • do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Club;
        • use your account and/or your membership of the Club for illegal purposes;
        • gather and use the information and/or particulars posted or transmitted through your account, or otherwise via your membership for unsolicited advertising or unauthorised purposes;
        • abuse your membership of the Club or use it for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through your account or using your account in a manner which is discriminatory, offensive, abusive, malicious, defamatory or otherwise violates or infringes the rights of anyone else through our websites or apps); and/or
        • transfer, sell or barter (or attempt to transfer, sale or barter) any of your rewards or member exclusive promotional offers.

    9. PERSONAL DATA
        You consent to us for collecting, using, processing and disclosing your personal data in connection with your Club membership according to our Privacy Policy (as may be updated from time to time). Our Privacy Policy can be accessed at https://www.runtastic.com/privacy-notice?member_country=au .
    10. TERMINATION; EXPIRATION; CHANGES TO THE CLUB
        You may cancel your Club membership at any time by logging in to your account on the Website or App.
        We may cancel your Club membership at any time, at our sole discretion, if we determine that you (a) are ineligible in accordance with Clause 1 above, (b) have violated any of these Terms, any of the Website Terms and Conditions, any of the App Terms and Conditions, any of the adidas Running and Training Terms and Conditions, any applicable product terms of sale or any applicable law or regulation, or (c) engaged in any deception, forgery, fraud or committed any other abuse of the Club or of your membership thereto (e.g. misuse of points and/or rewards for any commercial purpose like resale). Membership will terminate immediately upon a member’s death.
        We reserve the right to revoke some or all of your points or rewards if we determine that you received points or a reward due to an error, through fraud or deception, or in any manner not authorised.
        If you or we cancel your Club membership, you will lose all your accumulated points. If you cancel your membership, you may choose to rejoin the Club by registering. When restarting your Club membership, your previously-earned points will not continue to your new Club membership.
        To the fullest extent permitted by law, our decision on all matters and disputes concerning the Club and your membership shall be final and binding.
        We may, in our sole discretion, make minor changes to the Club and/or these Terms from time to time (if, for example, there is a change in the law that means we need to change these Terms, we add new rewards, add possibilities to earn points, modify Club functionalities or modify the technical environment). Please check these Terms as well as https://www.adidas.com.au/creatorsclub regularly to ensure that you understand the up-to-date terms/rules that apply in relation to your membership of the Club. Your continued participation in the program following such changes constitutes your acceptance of the changes. If we deem in our sole and reasonable discretion that any changes will materially adversely impact your membership rights, we shall give you a reasonable notice. Any such changes shall be effective from such date as determined and notified by us to you from time to time.
        We reserve the right, at our sole discretion, to make determination on the termination or suspension of the Club. In such case, we will provide you with a reasonable notice prior to the termination or suspension, as the case may be. Unless otherwise explicitly specified by us, your accumulated points will expire upon the termination of the Club membership program.
        You agree that you will not be entitled to any compensation in relation to any changes to the Club and/or these Terms, or termination or suspension of the Club membership program.
    11. DISCLAIMER AND LIMITATION OF LIABILITY
        If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into these Terms.
        Nothing in these Terms excludes or limits our liability for:
        • death or personal injury caused by our negligence;
        • fraud or fraudulent misrepresentation; or
        • any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
        Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot lawfully be excluded or limited, including under the Australian Consumer Law. To the maximum extent permitted by law, our liability for any failure to comply with any such right or remedy, guarantee, warranty or other term or condition is limited to (at our option): (a) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; and (b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
        To the extent permitted by law and subject to the above paragraph, our aggregate liability to you in respect of any loss or damage suffered and arising out of or in connection with these Terms, whether in contract, tort (including negligence) or for breach of statutory duty, or in any other way, shall not exceed the amount of AUD100.
    12. GOVERNING LAW AND JURISDICTION
        These Terms shall be governed by the laws of Victoria, Australia. In the event that any dispute arises under these Terms, or in relation to your membership in the Club, you and we both agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
    13. MISCELLANEOUS
        To the fullest extent permitted by applicable law, you shall indemnify us and keep us indemnified against any loss, damage, liability cost and expense (including legal costs and disbursements on a full indemnity basis), directly or indirectly arising from or relating to your misuse of your membership and/or breach of any of these Terms, including without limitation, if you commit any fraud or misrepresent any information supplied or to be supplied under these Terms.
        Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
        If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    14. CONTACTING US
        Should you have any questions about these Terms or the Club or have any reasons for a complaint you can contact us by clicking https://www.adidas.com.au/contact.html .

        PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE ADIDAS WEBSITE OR APP FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

        Last updated: 10 March 2022
        Annex A – Participating adidas Retail Stores in Australia

        VIC

        • Chadstone BCS – Shop 302, 1341 Dandenong Road, Chadstone, VIC 3148
        • adiCentre BCS – Unit 21, 35 Dunlop Rd, Mulgrave, VIC 3170
        • Highpoint BCS – 100 - 200 Rosamond Rd, Maribyrnong, VIC, 3032
        • Chadstone OCS – SB053, Chadstone Shopping Centre, 1341 Dandenong Rd, Chadstone VIC 3148
        • Melbourne Central OCS - Shop 37-38 300 Lonsdale Street, Melbourne VIC 3000
        • Cheltenham FO – DFO - 122/ 250 Centre Dandenong Rd, Cheltenham, VIC 3192
        • Essendon DFO – Shop 24, 100 Bulla Road, Essendon Fields, VIC 3041
        • South Wharf DFO – South Wharf DFO, 17-19/ 20 Convention Centre Pl, Melbourne, VIC 3006
        • Uni Hill FO – Uni Hill Factory Outlets, T138 2 Janefield Drive, Bundoora, VIC 3083

        QLD

        • Pacific Fair OCS – Shop 2774A, Pacific Fair, Hooker Blvd, Gold Coast, QLD 4218
        • Cavill Ave OCS – 3170 Surfers Paradise Boulevard Surfers Paradise QLD 4217
        • Jindalee FO – Shop T1-5 16 Amazons Place, Jindalee QLD 4074
        • Brisbane DFO – Shop 123, Ninth Avenue Skygate, Brisbane Airport, QLD 4007
        • QLD HBT FO – HBT Gold Coast, SC88, Cnr Gold Coast Hwy & Oxley Drive, Biggera Waters QLD 4216
        • Cairns FO - Shop T53, Cairns DFO, 274 Mulgrave Road, QLD 4870

        NSW

        • Sydney City BCS – Westfield Sydney City Shop 1002/86 - 100 Market St, Sydney 2000
        • Sydney City OCS – Westfield Sydney City, S1013A,188 Pitt Street, Sydney NSW 2000
        • Lidcombe FO – 55-59 Parramatta Rd, Lidcombe NSW 2141
        • Liverpool FO Pop-up – Shop 6A, Fashion Spree, 5 Viscount Place, Warwick Farm, NSW 2170
        • Birkenhead Point FO – Shop 69/70, Birkenhead Point, 19 Roseby St, Drummoyne, NSW 2047

        ACT

        • Canberra FO – Shop 143, Canberra DFO, 337 Canberra Ave, Fyshwick, ACT 2609

        SA

        • SA HBT FO – Harbour Town Adelaide, Shop T2A, 727 Tapleys Hill Road, West Beach SA 5024
        • Rundle Mall OCS – 148 Rundle Mall, Adelaide, SA 5000

        WA

        • Perth HBT FO – Watertown Brand Outlet Tenancy SG27A, 840 Wellington St, West Perth WA 6005
        • Perth DFO - 11 High St, Perth Airport WA 6105

    Terms of Use

    Welcome to adidas Running and adidas Training (together and each individually: the “ Services ”) and the digital content provided by Runtastic GmbH through all available channels (“ Digital Content ”). When we refer to “ you ” or “ your ” we mean you, the person accessing these terms (the “ Terms of Use ”) and willing to use the Services and or access the Digital Content. When we refer to “ Users ” we mean people that are part of our interactive sports and fitness community using the Services and when we refer to “ we " or “ us ” we mean the entity you have your Membership with or that is providing the Digital Content.
    1. VALITY OF THERSE TERMS
      1. Applicable version. These Terms of Use shall govern your usage of the Services as well as the access to Digital Content in the currently valid version which can be viewed at any time within the Services.

      2. Integration. You consent to the application of these Terms of Use and any documents incorporated therein by reference either by (i) registering an adiClub Membership, (ii) registering a Runtastic Membership or (iii) accessing Digital Content where no subscription is required. If you do not agree to these Terms of Use, please do not register a Membership and please do not use the Services or access the Digital Content.

      3. Extend. These Terms of Use shall apply regardless of the points of access to the Services and Digital Content, including (sub-)domains and mobile applications and regardless of who you have your Membership with, i.e., who offers the Services to you, e.g. adidas or Runtastic.

      4. Additional terms. When using the Services or accessing the Digital Content on mobile devices, additional terms and conditions of the respective mobile device provider and the mobile carrier apply.
    2. PREREQUISITS FOR USE
      1. Account and terms. Neither the use of the Services nor access to Digital Content shall be possible without consent to these Terms of Use and acknowledgement of the relevant Privacy Notice . The Services may be used only if you have registered an adiClub Membership or Runtastic Membership. The use of the Services further requires that you maintain and use a device compatible for the use of the respective Service and at the required update level.

      2. Data processing and transmission. You hereby confirm your knowledge that to operate the Services and make their features available, data, including personal identifiably information, must be processed by us and transmitted from the device you use the Service with to us and back. The processing of such information is necessary to perform your contract with us. To provide certain features of the Services or subject to your consent, information might also be shared with social networks or partners as indicated in the relevant Privacy Notice .

      3. Cost incurred with data transmission. By agreeing to this Terms of Use you confirm your knowledge that certain costs of the mobile carrier will result from the transmission of information from the device you are using the Service with to us and back. Such costs will have to be borne by you.
    3. USER CONTENT
      1. General. You are permitted to upload, save, publish, distribute, transmit, and share data and information, such as – but not limited to - text, posts, comments, images, messages, interactions and the like (“ User Content ”) with other Users via the Services in accordance with statutory law and these Terms of Use.

      2. Disclosure. We reserve the right to save or disclose User Content to third parties, to the extent this is required by law, or legally permissible and reasonably necessary, to
        • comply with statutory law, or court or administrative orders;
        • ensure compliance with these Terms of Use or any other Terms agreed between you and us;
        • react to claims of breaches of law raised by third parties; or
        • safeguard our rights, property, or personal safety, or the like of Users and the public.

      3. License to User Content You hereby grant us a worldwide, irrevocable, royalty-free, non-exclusive, transferable, sub-licensable and unlimited license to use all User Content generated, transmitted, saved, and published via the Services. Irrespective of the type of usage, we shall have the right to use all User Content both as part of the Services and for any other activity we or a company affiliated with us carry. This shall include the right to change and edit such User Content unless changes or edits impair your material interests. To the extent feasible, if we use User Content outside the Services, we shall note that such content was created by you.

      4. Ownership. We do not claim ownership of any User Content and will not supervise such content.

      5. Deletion. We reserve the right to delete User Content without giving reasons and without giving any advanced notice.

      6. Inaccurate User Content. We are not responsible for inaccurate User Content created by any User.

      7. Idemnification. You shall indemnify us for all claims raised by third parties because of an infringement of their rights in connection with your User Content uploaded to any of the Services. You shall bear the costs of any legal proceedings, in which we may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless you have not been at fault in causing such infringement.

      8. Support. If a claim is brought by a third-party in relation to your User Content, you shall promptly, truthfully and completely make available to us all information available to you that may be necessary to verify such claim and/or defend against it.

    4. USER OBLIGATIONS
      1. Account safety. You are responsible for maintaining the confidentiality of your Membership identification and password (the “ Account ”) and are fully responsible for all activities that occur under your Account. The Services and Digital Content are provided for your personal use only. You must not share your Account or in any way make it accessible to others. You must immediately inform us of any unauthorized use of your account or any other breach of security via email to: fraudprotection@runtastic.com or, for Premium Members to premium@runtastic.com

      2. Limitation of use. You agree that you shall not:
        • use the Services or any Digital Content for any purpose other than its intended use;
        • access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your Account, the Services or any Digital Content for any commercial purpose;
        • commit any act that might damage, disrupt or otherwise interfere with the operation of the Services;
        • abuse or use your Account, the Services or the Digital Content for any unlawful or unauthorised purpose (which includes transmitting any computer viruses through your Account or using your Account in a manner which is discriminatory, offensive, abusive, malicious, defamatory, or other violates or infringes the rights of anyone else);
        • violate the applicable Community Guidelines for the Services.

      3. Rules of Conduct. You must:
        • truthfully provide, and keep current and complete, your Account;
        • only save, publish, transmit and distribute User Content, you are authorized to pass on. This shall also apply to User Content subject to intellectual property rights, such as trade names and trademarks. You are exclusively responsible for your User Content;
        • not save, publish, transmit or distribute any User Content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
        • not send spam, chain letters or messages to more than one recipient at one time;
        • not carry out any disrupting interferences in the Services or their technical environment, by use of technical or electronic aids, such as hacking attempts, brute force attacks, planting of viruses/worms/trojans and other disrupting attempts regarding software or hardware;
        • not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
        • provide prompt notice via email to fraudprotection@runtastic.com of any detected breaches of the aforementioned obligations;
        • diligently care for your personal details and the personal details of other Users accessible via the Services and do not allow third-parties access to personal details of other users accessible via the Services;
        • regularly save User Content externally, e.g., on an external storage medium, hard drive or in the cloud. You are solely responsible for any lost or impaired User Content.

    5. BREACH OF USER OBLIGATIONS
        In order to ensure the proper and reliable provision of the Services, we might impose the following sanctions upon a breach of user obligations:
        • warning;
        • deletion of User Content;
        • temporary deactivation of your Account; and
        • cancellation (irrevocable deactivation) of your Membership.
        The type of sanction shall depend on the purpose, impact, and type of the breach considering both our and your interests.
    6. EXCLUSION FROM THE SERVICES
      1. Reasons for exclusion from the services. We may refuse access to the Services and/or Digital Content at any time, without prior notice and refuse all current or future use of the Services and/or Digital Content (or any portion thereof), without you are being entitled to a refund of any payments made, if we determine that you:
        • are ineligible in accordance with the prerequisites stated within the Terms or these Terms of Use,
        • have violated any of these Terms of Use or the user obligations stated therein, any other applicable Terms or any applicable law or regulation,
        • engaged in any deception, forgery, fraud or committed any other abuse of your Account, or
        • provided registration data that is false, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete.

      2. Consequences of exclusion. If you have generated, transmitted, saved, published, or otherwise made User Content available through the Services, the rights granted to us in accordance with Section 3.3 in relation to this User Content, which does not qualify as personal data, shall expire upon terminating the use of / being excluded from the Services. This does not apply if such User Content:
        • has no use outside the context of the Services,
        • is exclusively related to your use of the Services,
        • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort, or
        • was generated by you together with other Users, provided that other users can still use the data.
      3. For personal data, the provisions of the Privacy Notice apply.

      4. Request for data. If you generated, transmitted, saved, published, or otherwise made available through the Services User Content, we shall, at your request, provide you with the User Content, which does not qualify as personal data, free of charge, within a reasonable period and in a common and machine-readable format after the termination of / exclusion from the Services become effective. This does not apply if such content:
        • has no use outside the context of the Services,
        • is exclusively related to your use of the Services or
        • has been aggregated by us with other data and cannot be disaggregated or can only be disaggregated with disproportionate effort.
      5. For personal data, the provisions of the Privacy Notice apply.
    7. DISCLAIMER AND LIMITATION OF LIABILITY
      1. Disclaimer. The Services and Digital Content are provided to you “AS IS”. We do not warrant or guarantee that the Services or Digital Content will meet your expectations or that they are suitable for a particular purpose not expressly agreed upon.

      2. No medical advice and health risks. You hereby acknowledge and agree to the fact that the Services and Digital Content do not include any medical advice. The Services and Digital Content, regardless of whether they are provided by us, our partners, third parties or Users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. ALWAYS consult your doctor about your athletic behavior. The Services and Digital Content should never be interpreted in a way that contradicts medical advice, discourages you from consulting a doctor or be used to make or validate any diagnoses. We, the Services and the Digital Content neither substitute your doctor, nor do we assume responsibility for your behavior related to the use of the Services and the Digital Content. By accepting these Terms of Use, you confirm that you are aware of the fact that sporting activities are always associated with risks that can also affect your health and that you are solely responsible for your health and behavior related to the use of the Services and the Digital Content.

      3. User Identity. We are not responsible for the actual identity of a User since personal identification via the internet is possible to a limited extent only. You shall confirm the identity of other Users prior to entering any form of interaction with them.

      4. Data transfer via the internet. You hereby confirm to be aware that processing of personal identifiable information via the internet may bear risks and may lead to security incidents. In your area of responsibility, this risk is borne solely by you. We do not assume any warranties in this regard.

      5. Own risk. You access and use the Services and Digital Content at your own risk. This applies without limitation to:
        • the related use of any hardware, including, but not limited to, (i) the respective device you are using the Services with, (ii) chest straps, and (iii) smartphone dongles;
        • the download of your own and third-party content; and
        • any use of any content and other data created or provided by us or our partners, including, but not limited to (i) measured altitude details, or (ii) recommendations for actions, e.g., workout plans etc. You explicitly acknowledge that any such content or other data may contain errors, and we do not, to the extent permitted by law, assume any responsibility for the correctness of such data.

      6. Content. Unless required by statutory law, neither we nor any of its affiliated companies shall be liable for damages resulting from the use of any content made accessible through the Services or the use of the Digital Content. This also applies to damages resulting from errors, problems, viruses, or loss of data.

      7. Downloads. We assume no liability for data and/or material downloaded from or obtained by using the Services or the Digital Content. You are solely responsible for any damages caused by such materials to your devices and systems or for information lost because of downloading data and/or materials from any of the Services.

      8. Conflicts. You are solely liable for any claims or lawsuits of any kind in any way derived from or related to conflicts you have with other Users. You acknowledge and accept that we will not, under any circumstances, be liable for the acts and omissions of other Users, including the damages associated with such acts or omissions.

      9. External content. We do not make any representations or warranties with respect to external links, banners or other information and marketing offers made accessible to you via the Services or the Digital Content. Any contractual arrangements entered between you and a third-party provider, e.g., via linked websites or banners, are between you and the third-party provider only. We do not make any representations or warranties with respect to services of third-party providers.

      10. Availability. We do not provide any guarantees regarding the availability of access to the Services and/or the Digital Content and shall not be liable for any temporary unavailability or interruption of the access.

      11. Limitation. We do not claim or warrant that the Services or the necessary hardware and software will be completely free from errors or that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
    8. PROPRIATARY RIGHTS
      1. Ownership. The Services, material displayed therein and the Digital Content is and, unless otherwise expressly agreed, remains the exclusive property of us, our licensors, distributors, agents and/or its providers. You may not remove any copyright, trademark or other proprietary notices from any material on the Platform.

      2. Restricted use. You may not use, including modify, copy, distribute, share, license, reproduce and the like, the Digital Content and content displayed in the Services in any way which is not necessary for proper use in accordance with our agreement with you, not explicitly authorized within these Terms or otherwise authorized by us in writing.
    9. CONFORMITY
      1. Conformity with the contract. We have a legal obligation to make sure that the Services and Digital Content conform to the contract.

      2. Updates. As part of this legal obligation, we will, from time to time, offer and request you to install security and technical updates for the Services. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for such updates. We will not be liable for any lack of conformity of the Services resulting from the lack of the relevant update when you fail to install the update that we supplied to you.

      3. Remedies. If the Services do not conform to the contract of sale and/or the statutory conformity requirements, you have the right to have the defect corrected. Your right to claim lack of conformity expires two (2) years after the termination of your Membership.

      4. Cooperation. You are required to reasonably cooperate with us to assess whether the cause of a lack of conformity lies in your digital environment. If you do not provide such cooperation, the burden of proof of any conformity of the Services will lie with you.

      5. PLEASE RETAIN A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE RUNTASTIC WEBSITE AND APPS FREQUENTLY FOR ANY CHANGES TO THESE TERMS.

        Last Updated: 10 March 2022

        Version valid for all contracts concluded after last update and for existing contracts as of: 09/03/2022