INTRODUCTION

Welcome to Race Ultra! Please carefully read the following terms and conditions ("Terms") before using our mobile application and Website/s.
1. TERMS OF USE

1.1. The Terms of Use of the Race Ultra’s Application and Website/s include these Terms and Conditions, Privacy Policy and any other terms and conditions that appear in or are linked to the Website (“Additional Terms and Conditions”).

1.2. By accessing or using the Application or Website/s, you agree to be bound by these Terms of Use. If we make material changes to these Terms, we will provide reasonable notice through the Application, Website/s or other appropriate means. Your continued use of the Services after the revised Terms take effect constitutes acceptance of those changes. If you do not agree to the Terms, you must stop using the Application and Website/s.

OPERATIVE PROVISIONS

2. LIMITATION OF LIABILITY

2.1. To the extent permitted by applicable law, Race Ultra, its officers, employees, contractors and agents are not liable for loss arising from use of the Services, Application or Website/s, including indirect or consequential loss, except to the extent such liability cannot lawfully be excluded. Nothing in this clause restricts any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

2.2. To the extent permitted by applicable law, you release Race Ultra from liability for loss, damage, injury or death associated with your participation in races or other activities that use the Services, where such liability may lawfully be excluded. Race Ultra does not provide medical advice and does not assume responsibility for the inspection, supervision, preparation or conduct of any race, contest, challenge or activity that uses the Services. Nothing in this clause excludes or limits rights or remedies that cannot lawfully be excluded or limited, including under the Australian Consumer Law.

2.3. To the extent permitted by law and provided it is fair to do so, the aggregate liability of Race Ultra to you or any other party who may have a claim against Race Ultra in respect of the Application and Website/s and/or Race Ultra Services, whether in contract, tort (including negligence) or otherwise, shall be limited to:

2.3.1. in the case of goods: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and

2.3.2. in the case of services, to either resupplying the services or payment of the cost of having the services supplied again at the sole discretion of Race Ultra.

2.4. Race Ultra provides optional GPS location tracking and location sharing to help athletes and their authorised crew with race-day planning, progress monitoring and coordination. Location information may be delayed, inaccurate, incomplete or unavailable due to factors such as GPS signal reception, mobile coverage, device battery levels, device permissions, operating system restrictions, network outages and offline operation. Race Ultra is not an emergency monitoring, rescue or distress alert service. Users must not rely solely on Race Ultra for navigation, safety monitoring or emergency assistance. Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

3. DISCLAIMER

3.1. The Competition and Consumer Act 2010 (Cth) as well as other laws in Australia may imply certain conditions, warranties and undertakings and give you other legal rights. If they apply you acknowledge that they cannot be modified or excluded by any contract. Nothing in these Terms of Use generally affects your rights under Australian consumer law and the equivalent State and Territory fair trading legislation regarding consumer guarantees to the extent that such consumer guarantees cannot be excluded by law.

4. INTELLECTUAL PROPERTY

4.1. The materials displayed on the Application and Website/s, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks, are the property of Race Ultra and are protected by copyright, trade mark and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of Race Ultra.

4.2. Save for the above, and unless expressly granted, Race Ultra does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Application and Website/s or in the user interface of the Application and Website/s.

5. SUBMISSIONS

5.1. Other than personal information, account information, private race plans and location tracking records, material that you voluntarily submit to Race Ultra for general feedback or communications may be treated as non-confidential and non-proprietary unless you identify it as confidential or proprietary. This clause does not permit Race Ultra to use or disclose personal information contrary to our Privacy Policy or applicable privacy laws.

You are solely responsible for maintaining the confidentiality of your account information and the password associated with your account and for restricting access to your password, your computer and mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavour to use reasonable security measures to protect against unauthorised access to your account.

We cannot guarantee absolute security of your account, your Content or the personal information you provide, and we cannot promise that our security measures will prevent unauthorized third parties from illegally accessing the Services or its contents.

5.2. Athletes may choose to enable location tracking and authorise selected crew members to view their location information through the Application. Athletes are responsible for selecting trusted crew members and managing their sharing permissions. Crew members must access and use location information only for the athlete support and race-day coordination authorised by the athlete. Crew members must not publish, broadcast, disclose or otherwise share an athlete's location information with other people without the athlete's separate express authorisation. Authorisation of a crew member to view information within the Application does not, by itself, authorise public broadcasting or livestream use. Collection, use, storage and disclosure of personal location information are further explained in the Race Ultra Privacy Policy.

6. PAYMENTS

6.1. Payments for subscriptions and other purchases made through the Application are processed by the Apple App Store or Google Play Store (the relevant "Payment Method"). You may manage your Payment Method through your store account. Refund requests for purchases processed through those stores are generally handled under the applicable store refund process, without limiting any rights or remedies you may have under the Australian Consumer Law or other applicable law. If you identify an unauthorised or fraudulent charge, contact your payment provider and Race Ultra through https://www.raceultra.com/support.

6.2. You must be authorised to use the Payment Method associated with your purchase. Subscription payments, renewals and cancellations are subject to the purchase terms presented by the relevant app store and your rights under applicable law. You may raise a billing dispute or request an eligible refund through the relevant app store or contact Race Ultra for assistance. Nothing in these Terms excludes or restricts non-excludable consumer guarantees or your legal right to seek a remedy.

6.3. Any attempt to defraud Race Ultra through the use of Payment Methods or any failure by you to honour charges or request for payments will result in immediate termination of your account.

7. SUBSCRIPTION FEES

7.1. In order to access certain functionality of the Application and Website/s, you may be required to pay subscription fees. Subscription fees, along with any required taxes, may be paid on a monthly or annual basis. All subscription fees are payable in advance. Athletes changing from monthly to annual subscriptions will have the annual rates take effect at the beginning of the next billing date. You agree to pay the subscription fees, and other charges you incur in connection with your Race Ultra account, whether on a one-time or subscription basis. Race Ultra reserves the right to increase subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice. Subject to the applicable law, by continuing to use Race Ultra after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by unsubscribing prior to the price change taking affect as described below.

7.2. Subscription fees will be billed automatically monthly or annual period, as applicable. These fees will auto-renew until your subscription is downgraded or terminated. Your subscription fee will be the same as your initial charges unless you are otherwise notified in advance. You may cancel your subscription at any time, as described below.

With Race Ultra you can plan your daily stops, speed and elevation, customised to suit your agility and experience.

If you’re planning for an ultramarathon, multiday race or timed event, the Race Ultra App can be your tool to plan how you’re going to cover that ground in the time for your event.

The types of ultramarathon events you might be competing in cover a specified distance or route, and those that last for a predetermined period (with the winner covering the most distance in that time).