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.
7.3. Free Trials
Your subscription may start with a free trial. The free trial period for any subscription will last for the period of time specified when you signed up. Free trials may not be combined with certain other offers, as specified. If you begin your subscription with a free trial, we will begin billing your Payment Method for subscription fees from the date of the sign up regardless of the time left on your free trial.
8. CANCELLATION
8.1. To cancel your subscription, you must go to the app store in which you signed up, i.e. the Google Play or iTunes store, you may cancel your subscription by downgrading through the corresponding store. The cancellation of a subscription will go into effect at the end of your current billing cycle. When your subscription ends, your account will remain and become a free subscription. You can renew your subscription at any time without opening a new account, although the subscription fees may have increased. You can delete your account at any time via the profile page in the Application and Website/s.
9. THIRD PARTY WEBSITES
9.1. Certain parts of the Application and Website/s link to external internet sites, and other external internet sites may link to the Application and Website/s. Race Ultra makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other web sites to which material is linked.
10. INTERFERENCE WITH WEBSITE
10.1. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with the Application and Website/s or any material or content displayed on the Application and Website/s.
11. ASSIGNMENT
11.1. Race Ultra may at any time assign all or any of its rights and liabilities arising under these Terms of Use.
GENERAL
12. ELECTRONIC COMMUNICATIONS
12.1. Race Ultra may provide you with the ability to send or post messages to chat rooms, your personal contacts, other athletes and/or Race Ultra. You agree to use communication methods available only to send communications and materials related to the subject matter for which Race Ultra provided the communication method, and you further agree that all such communications by you shall be deemed your Content and shall be subject to and governed by the Terms and applicable law.
13. UNDER 18
13.1. The Services are intended solely for persons who are 18 years old or such a higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Application and Website/s, you represent and warrant that you are 18 years of age or older.
14. SEVERABILITY
14.1. If a provision of these Terms of Use is held to be invalid or unenforceable in whole or in part, the provision is ineffective only to the extent of the invalidity or unenforceability and the validity or enforceability of all other provisions of these Terms of Use is not affected.
15. GOVERNING LAW AND JURISDICTION
15.1. These Terms of Use are governed by, and must be construed in accordance with, the laws of the State of Queensland in the Commonwealth of Australia and you and Race Ultra irrevocably submit to the exclusive jurisdiction of the courts of the State of Queensland and the courts of appeal from them.
16. WAIVER
16.1. Waiver of a breach of, or default under, these Terms of Use or of any right, power, authority, discretion or remedy created or arising upon a breach of, or default under, these Terms of Use:
16.1.1. is not waived by any failure to exercise or delay in exercising or partial exercise of any right, power, authority, discretion or remedy under these Terms of Use; and
16.1.2. must be in writing and signed by the party granting the waiver.
17. PROHIBITED CONDUCT
17.1. You agree not to:
17.1.1. Violate any applicable laws or regulations;
17.1.2. Infringe on the rights of others;
17.1.3. Use the Application and Website/s for any illegal or unauthorized purpose; and
17.1.4. Distribute spam or any form of unsolicited communication.
18. TERMINATION
18.1. We reserve the right to terminate or suspend your access to the Application and Website/s at our sole discretion, without notice, for any reason, including if you violate these Terms.
19. AMENDMENTS
19.1. Race Ultra may amend these Terms of Use at any time and you agree to be bound by the Terms of Use as amended.
DEFINITIONS AND INTERPRETATION
20. DEFINITIONS
20.1. In these Terms of Use unless the contrary intention appears or the context otherwise requires:
20.1.1. Application means any current or future version of the Race Ultra Application via which you access the Service.
20.1.2. Content means any content you create, upload or share via the Application and Website/s.
20.1.3. Race Ultra means Race Ultra a trading entity of Race Ultra Pty Ltd ACN 671 799 438.
20.1.4. Terms and Conditions means these terms and conditions.
20.1.5. Terms of Use include these Terms and Conditions, Privacy Policy and any other terms and conditions that appear in or are linked to the Application and Website/s (“Additional Terms and Conditions”).
20.1.6. Privacy Policy means the privacy policy for the Application and Website/s.
20.1.7. Website means the website https://raceultra.com/ or such other website or social media platforms operated by Race Ultra from time to time from which Race Ultra provides the Race Ultra Services.
21. INTERPRETATION
21.1. In these Terms of Use unless the contrary intention appears or the context otherwise requires:
21.1.1. clause and subclause headings are for reference purposes only;
21.1.2. the singular includes the plural and vice versa;
21.1.3. words denoting any gender include all genders;
21.1.4. reference to a person includes any other entity recognised by law and vice versa;
21.1.5. where a word or phrase is defined its other grammatical forms have a corresponding meaning;
21.1.6. any reference to a party to these Terms of Use includes its successors and permitted assigns;
21.1.7. if a party consists of more than one person, these Terms of Use binds them jointly and each of them severally;
21.1.8. any reference to any agreement or document includes that agreement or document as amended at any time;
21.1.9. the use of the word includes or including is not to be taken as limiting the meaning of the words preceding it;
21.1.10. the expression at any time includes reference to past, present and future time and the performance of any action from time to time;
21.1.11. these Terms of Use may not be construed adversely to a party only because that party was responsible for preparing it.
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).
Timed events range from 6, 12, and 24 hours to 3, 6, and 10 days (known as Multiday races). Timed events are generally run on a track or a short road course, often one mile (1.6 km) or less.
The most common distances are:
Find out more information on how the Race Ultra App will work for you! Click here
And many more...
How to use | Terms of use | Privacy policy
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