Terms & Conditions adiClub
1. ELIGIBILITY
2. JOINING THE CLUB
3. EARNING POINTS
4. EXPIRATION OF POINTS
5. CLUB LEVELS
6. LEVEL REQUALIFICATION
7. REWARDS – LEVEL POINTS
8. USE OF POINTS TO SPEND
9. USE OF ACCOUNT
10. TERMINATION; EXPIRATION; CHANGES TO THE
CLUB
11. PRIVACY
12. DISCLAIMER AND LIMITATION OF LIABILITY
12. MISCELLANEOUS
13. CONTACTING US
Terms of Use for adidas Running and adidas Training
1. VALIDITY OF THESE TERMS
2. PREREQUISITES FOR USE
3. USER CONTENT
4. USER OBLIGATIONS
5. RULES OF CONDUCT
6. BREACH OF USER OBLIGATIONS
7. EXCLUSION FROM THE SERVICES
8. DISCLAIMER AND LIMITATION OF LIABILITY
9. PROPRIETARY RIGHTS
10. CONFORMITY
Terms & Conditions for adiClub
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 organised by adidas
Canada Limited , whose registered address is 8100 Highway
27, Woodbridge, ON (“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 eCom terms and conditions, accessible here ("eCom Terms and Conditions").
Please read these Terms carefully.
1. ELIGIBILITY
To participate in the Club, you must be at least 13 years old
and a legal resident of Canada. If you are at least 13,
but less than 18 years old (or the age of majority in your
location), you must also have the consent of your parent or
guardian before enrolling in the Club and your parent or
guardian must read and agree to these Terms. By enrolling
and participating in the Club, you confirm that you meet these
eligibility requirements.
For a high-level summary of how to join the Club, how to earn
Points, available rewards and how to redeem the rewards, please
visit https://www.adidas.ca/en/adiclub. You may also visit our FAQ section on the Club by
clicking https://www.adidas.ca/en/adiclub. 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 https://www.adidas.ca/en/adiclub, on the adidas mobile apps or in all stand-alone adidas retail
stores within Canada. 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 be entitled to earn
membership level Points (“”Level Points”) and Points to spend (“Points to Spend”) (together, the “Points”).
You will earn Points for purchases (except whilst using or
purchasing gift cards) that you make on the adidas Canada (.ca)
version of our official website here (the “Website”), the Canada version of our official mobile
applications: the adidas App or the Confirmed App (together, the
“App”) or in participating adidas retail stores in Canada
(the “Stores”) (together, the “Eligible Channels”). For every $1 (CAD) spent, you will earn 10
PointsLevel Points and 10 Points to Spend.
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.ca/en/adiclub. 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.
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 earned, with or without prior
notification to you.
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 here with the required proof to redeem the Points for your
purchases or interactions.
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 purchase to your Club membership. Membership start dates
for the Club may vary for members depending on their account
type.
You will only be entitled to accumulate a maximum of 100,000
Points to Spend (the “Limit”). If you reach the Limit but engage in an activity that
should earn you Points to Spend, we will add 0 Points to Spend
to your account, however this will reset the 365-day expiry
period (as set out below in the EXPIRATION OF POINTS
Clause).
4. EXPIRATION OF POINTS
Level Points
Level Points will remain valid for 12 months. This period will
always finish at the end of the month. If you earned Level
Points on June 9, 2019, they will expire on June 30, 2020,
unless adidas explicitly states otherwise, Level Points cannot
be transferred between members. Level Points have no cash value
and cannot be exchanged for cash.
Points to Spend
To reward our most loyal members, there will be more adiClub
benefits for those who earn points on a regular basis. Points to
Spend will expire, on a rolling basis and to the end of the
Calendar month, 12 months after your last purchase or activity
that earned your Points to Spend.
In any event, Points to Spend must be redeemed by you within 36
months from the activity that earned your Points to Spend-
towards the end of the month - before they expire automatically.
Please note that neither a purchase later fully returned
nor the birthday bonus will extend the expiration of your Points
of Spend.
Example: If you earned Points to Spend on 1 January 2022 and 10
January 2022, all your Points to Spend will be saved until the
end of January 2023. However, if you made a purchase on 21 June
2022 and earned some more Points to Spend, all your Points to
Spend will be available for 12 months after that purchase until
the end of June 2023. The Points to Spend earned in January 2022
must in any case be redeemed by the end of January 2025.
Points to Spend cannot be transferred between members. Points
to Spend cannot be exchanged for cash.
5. CLUB LEVELS
The Club has four separate levels. You can move up through the
different levels by earning Level Points.
Level 1 is the entry-level for members with 0–999 Level
Points. You just 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 Level Points.
Level 3 is for members with 3,000–11,999 Level Points.
Level 4 is for members with 12,000 Level Points or more.
You can climb to the higher levels by accumulating the number
of Level Points mentioned above within 12 months of
the end of the month of registration or current level entry (the
“Membership Year”). At higher levels , you can access even greater
benefits. If level upgrades are achieved by acquiring Level
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 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 level below. Returns can
cause you to drop down multiple levels. For example, if you
return an order or product, the Level Points earned will be
deducted, which could cause you to drop by that number of Level
Points.
6. LEVEL REQUALIFICATION
If you are in level 2, 3 or 4 and you do not earn enough Level
Points during the current requalification period, you will be
downgraded to the next level down, regardless of the number of
qualification Level Points you have accumulated by this
date.
The requalification period starts on the date you reached a new
level and ends 12 months later, always at the end of the month.
The number of Level Points you need in order to requalify for
your current level is equal to the minimum point balance needed
to enter that level.
Points earned after your last level entry will count towards
requalification Level Points. The new requalification period
will start on the exact date of that level upgrade and end 12
months later at the end of the month. After a level upgrade,
your requalification Level Points will be set to 0.
If you do not earn enough Level Points for your level during
the requalification period, you will be downgraded. The
downgrade will take place after the last day of the
requalification period, which is always at the end of the month.
If you are downgraded, your new requalification period will
start on the exact date of your downgrade and end 12 months
later at the end of the month, unless you upgrade during this
period. After a level downgrade, your requalification Level
Points will be set to 0. If a member does not earn enough Level
Points for their level within the requalification period, they
will be downgraded. The downgrade will take place after the last
day of the requalification period, which is always at the end of
the month.
7. REWARDS – LEVEL POINTS
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.ca/en/adiclubrewards.
You will have access to the rewards in your current level and
the levels below them. 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).
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:
-
Discount Vouchers: These are single use discount vouchers that are
unlocked when you enter a new 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 may apply.
These discount vouchers may not be combined with other
promotions or discounts.
-
Early access to product launches: You will get early access to certain adidas product
launches. These will exclude Hype product launches and is
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 any applicable terms of use.
-
Premium subscription to the adidas running and adidas
training apps: You will get a subscription to Runtastic Premium for
the term indicated for your level, subject to acceptance of
any applicable premium membership terms. For the avoidance
of doubt, the subscription may be revoked if when returning
an order this results in a level downgrade.
-
Free personalisation: This reward entitles you to personalise your products
from the Eligible Channels for free. This is capped to a
maximum of 10 product personalisation requests per
membership year.
-
Hype priority access: You will get priority access to Hype product
launches. However, this does not guarantee that you will get
the Hype product if you participate. This reward depends on
the availability of Hype product launches.
-
Early access to sales: You may receive early access to certain sales that we
make available. The duration of early access may vary
between sales and could also depend on which level you are
in at the time of the sale. Our standard terms and
conditions for sales 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 its
discretion and at any time without notice.
8. USE OF POINTS TO SPEND
Points to Spend can be redeemed a variety of ways, including
but not limited to:
a. Vouchers
You will be entitled to use your Points to Spend to purchase a
voucher (e.g. a 20% off voucher) (“Voucher”). The Voucher may then be used to make an order on the
App, on the Website or in the Stores. Certain exclusions may
apply, and any additional terms and conditions will be presented
to you when making a purchase.
You can only use one Voucher at any one time when making a
purchase and it cannot be combined with any other vouchers or
discount codes or be applied to discounted items. The Voucher
will only apply to the product price and will not apply to any
delivery costs.
No Voucher can be exchanged, transferred or redeemed for cash
or Points to Spend. You may only use a Voucher for personal,
non-commercial use and must not sell any Voucher. Vouchers may
not be used in sales or promotional activities including as
giveaways or prizes in competitions. We reserve the right to
cancel any Voucher that we suspect has been resold or obtained
in connection with an error or with unauthorized sales or
promotional activity.
If you return any products that you have purchased online using
a Voucher, you will not be entitled to a refund of Points to
Spend but, provided you have returned all of the products
purchased using the Voucher, you will be entitled to speak to a
member of the adidas customer services team to request a new
Voucher (details on contacting the customer services team are
set out below in the CONTACTING US Clause).
b. Money can’t buy products (“MCBP”)
You will be entitled to use your Points to Spend to purchase
MCBP and any such purchase will be subject to our eCom Terms and
Conditions and any additional terms presented to you when making
a purchase.
For the avoidance of doubt, if you return any MCBP in
accordance with the eCom Terms and Conditions and are entitled
to a reimbursement of your Points to Spend, this will be subject
to the Limit as set out above in the EARNING POINTS Clause (for
example, if you return a MCBP that you purchased for 500 Points
to Spend but have 99,990 Points to Spend at the time of the
reimbursement, we will reimburse you 10 Points to Spend).
c. Raffles
You will be entitled to use your Points to Spend to participate
in raffles. These will be subject to you agreeing to separate
terms and conditions applicable to each raffle.
If you withdraw from a raffle prior to the conclusion of the
raffle, you will be entitled to a refund of Points to Spend.
d. Good causes
When made available to you, you will be entitled to use your
Points to Spend to make a contribution to a good cause as
further set out in the Club. Any additional terms and conditions
will be presented to you prior to making a
contribution.
9. 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 the
CONTACTING US Clause) of any unauthorised use of your password
or account or any other breach of security.
You agree that you shall not:
-
access, use, reproduce, modify, download, sell, transfer,
publish or otherwise make available your membership of the
Club for any commercial purposes;
-
do any act or thing that might damage, disrupt or otherwise
interfere with the operation of the Club;
-
abuse your membership of the Club or use it for any
unlawful or unauthorised purpose (which include 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); and
-
transfer, sale or barter (or attempt to transfer, sale or
barter) any of your rewards or member exclusive promotional
offers.
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, if we determine
that you (a) are ineligible in accordance with the ELIGIBILITY
Clause above, (b) have violated any of these Terms, any of the
eCom 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.
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 on the Website
or the App. When restarting your Club membership, your
previously-earned Points will not continue to your new Club
membership.
We may 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
regularly to ensure that you understand the up-to-date terms
that apply in relation to your membership of the Club.
For any significant changes to these Terms that will materially
adversely impact you or if we choose to discontinue the Club
then we shall provide you with six months' written
notice.
11. PRIVACY
The information you provide as a member of the Club will be
managed by adidas as described in adidas’ Privacy Policy. By becoming a member of the Club, you consent to receive
marketing, promotions, special events, and other communications
from adidas, its affiliates, and brands. You may
unsubscribe from marketing communications at any time. For
information on how to do so, please visit our Privacy Policy.
12. DISCLAIMER AND LIMITATION OF
LIABILITY
THE CLUB IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ADIDAS DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE CLUB
(INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT
OF COURSE OF DEALING, USAGE, OR TRADE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADIDAS WILL
NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE LOSS OF PROFIT,
REVENUE, OR DATA) ARISING OUT OF OR IN CONNECTION WITH THE CLUB,
HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF
LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR
OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
ADIDAS’ TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD
PARTY UNDER THESE TERMS AND THE CLUB, FROM ALL CAUSES OF ACTION
AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT
EXCEED $100.
NOTE THAT CONSUMER PROTECTION LAWS IN SOME JURISDICTIONS OF
CANADA, SUCH AS QUEBEC, DO NOT PERMIT LIMITATION OF LIABILITY ON
CERTAIN PRODUCT. IF THESE LAWS APPLY TO YOU, THE EXCLUSIONS OUTLINED IN
THIS SECTION MAY NOT APPLY. 13. GOVERNING LAW AND
JURISDICTION
These Terms shall be governed by the laws of the Province of
Ontario and the federal laws applicable therein. This does not
affect the applicable mandatory rights under the law of your
country of your province of residence.
You may bring any dispute which may arise under these Terms to the competent court in Toronto, Ontario . This does not affect the
applicable mandatory rights under the law of your country of
your province of residence.
12. MISCELLANEOUS
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.
13. 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
here.
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: AUGUST 2022.
Terms of Use for adidas Running and adidas Training
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.
-
VALIDITY OF THESE TERMS
-
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.
-
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.
-
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.
-
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.
-
PREREQUISITES FOR USE
-
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.
-
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.
-
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.
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USER CONTENT
-
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.
-
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.
-
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.
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Ownership. We do not claim ownership of any User Content and will
not supervise such content.
-
Deletion. We reserve the right to delete User Content without
giving reasons and without giving any advanced notice.
-
Inaccurate User Content. We are not responsible for inaccurate User Content created
by any User.
-
Indemnification. 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.
-
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.
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USER OBLIGATIONS
-
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
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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.
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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.
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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:
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warning;
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deletion of User Content;
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temporary deactivation of your Account; and
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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.
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EXCLUSION FROM THE SERVICES
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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:
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are ineligible in accordance with the prerequisites stated
within the Terms or these Terms of Use,
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have violated any of these Terms of Use or the user
obligations stated therein, any other applicable Terms or
any applicable law or regulation,
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engaged in any deception, forgery, fraud or committed any
other abuse of your Account, or
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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.
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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:
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has no use outside the context of the Services,
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is exclusively related to your use of the Services,
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has been aggregated by us with other data and cannot be
disaggregated or can only be disaggregated with
disproportionate effort, or
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was generated by you together with other Users, provided
that other users can still use the data.
For personal data, the provisions of the Privacy Notice apply.
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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:
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has no use outside the context of the Services,
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is exclusively related to your use of the Services or
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has been aggregated by us with other data and cannot be
disaggregated or can only be disaggregated with
disproportionate effort.
For personal data, the provisions of the Privacy Notice apply.
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DISCLAIMER AND LIMITATION OF LIABILITY
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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.
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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.
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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.
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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.
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Own risk. You access and use the Services and Digital Content at your
own risk. This applies without limitation to:
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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;
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the download of your own and third-party content; and
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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PROPRIETARY RIGHTS
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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.
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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.
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CONFORMITY
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Conformity with the contract. We have a legal obligation to make sure that the Services
and Digital Content conform to the contract.
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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.
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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.
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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.
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: 9 March 2022
Version valid as of: 9 March 2022