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, using, printing, installing, or downloading any material from the Application and Website/s, you agree to be bound by the Terms of Use (as amended from time to time by Race Ultra, at its sole discretion and without the requirement of any notice to you).

Your use of the Application and Website/s at any time and particularly after any such changes are implemented, constitutes your acknowledgment and acceptance of these Terms and Conditions and any changes to them from time to time.

If you do not agree to be bound by these Terms of Use, you may not enter the Application and Website/s; you must exit the Application and Website/s immediately and you may not use or access the Application and Website/s or print or download any materials from it.

OPERATIVE PROVISIONS

2. LIMITATION OF LIBAILITY

2.1. To the extent permitted by law, Race Ultra (including its respective officers, employees, sub-contractors and agents) is not responsible or liable whatsoever for any loss suffered or sustained to a person or property and including but not limited to consequential (including economic) loss by reason or any act or omission, deliberate or negligent by Race Ultra Race Ultra or its servants or agents in connection with the Race Ultra Services, the Application and Website/s and any person agreeing to these Terms of Use.

2.2. You release Race Ultra from, and agree that Race Ultra is not liable for any liability or loss arising from, cost incurred and damage, loss, injury or death and anything Race Ultra is permitted or required to do under the Terms of Use. You expressly agree that Race Ultra is not providing any medical advice via this service. You expressly agree that Race Ultra does not assume responsibility for the inspection, supervision, preparation, or conduct of any race, contest, challenge, or activity that utilises the services.

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.

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. Any material you send to us on or via the Application and Website/s will be deemed to be non-confidential and non-proprietary, unless it is indicated to be otherwise. Race Ultra will be entitled to use any such material which has not been indicated to be confidential or proprietary for any purpose without compensation to you.

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.

6. PAYMENTS

6.1. Race Ultra only allows payments though the app stores (i.e. iTunes or Google Play) as the “Payment Method”. As such, you may change your Payment Method through the corresponding store account. No refunds or credits will be provided by Race Ultra, other than as set forth in these Terms. If your payment provider determines that there are fraudulent charges on your account resulting from use of your Payment Method at the Services, please contact us immediately via quinn@raceultra.com

6.2. All payment to Race Ultra must be made from a payment source on which you are the named account holder. All payments to Race Ultra are not refundable, for any reason. You agree that race Ultra is not liable for any loss caused by any authorised use of your Payment Method. You waive the right to dispute any payment made to Race Ultra and you will personally be responsible for all costs.

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).