This Mum Runs - Run30 App - Terms and Conditions

  1. These terms and information about us

Important notice

    1. These are the terms and conditions on which we supply the Services (as defined below) to you. By downloading the App, you agree to these terms and conditions which will bind you. If you do not agree to these terms and conditions, you must not download the App on to your device.

Who we are

    1. We are This Mum Runs Ltd, a company registered in England and Wales under registration number 10007433. Our registered office is at Elm House 10 Fountain Court, New Leaze, Bradley Stoke, Bristol, England, BS32 4LA.

  1. App licence and Services

We license you to use:

    1. the Run30 mobile application software, the data supplied with the software (App) and any updates or supplements to it;

    2. the related online documentation (Content); and

    3. any service you connect to via the App and the Content we provide to you through it (Service(s))

as permitted in these terms.

  1. Other terms also apply

The ways in which you can use the App and Content may also be subject to any rules or policies applied by any appstore provider or operator from whose site you downloaded the App. However, we remain the owners of the App and the Content at all times.

  1. Operating system requirements

This app requires an Apple device with internet access, a minimum memory available of 166MB: universal devices; 60.1MB: iPhone 6 Plus; 6S Plus; X; 7 Plus; 8 Plus; and 42.2MB: iPhone XS; XS Max and the minimum operating system we support is iOS10. The App may work on other operating systems but the operating system specified above is the minimum we test on and guarantee that the App will run for.

  1. Payment and refund policy

    1. The Run30 App is normally free to download (subject to appstore/network charges), together with access to your first Run30 session. For a further one off payment (further details of which are specified in the App), this will grant you access to all sessions and other benefits within the App (Additional Content).

    2. Please note you do not have a right to change your mind and receive a refund after you have started to download or stream the Additional Content once this has been completed, unless there is a problem with the Additional Content (see further information below).

    3. If the Additional Content we provide is not:

      1. of satisfactory quality;

      2. fit for a particular purpose; or

      3. as described by us

you may be entitled to receive a repair, replacement or compensation. Please contact us (or the appstore provider) for further information if this applies to you (see next section).

  1. Support for the App and how to tell us about problems

Contacting us (including with complaints)

    1. If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason please email us at info@thismumruns.co.uk. Alternatively, you can raise this with the appstore provider (see further information at www.support.apple.com).

How we will communicate with you

    1. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

  1. Your profile information and account

    1. You must sign up for a Run30 account in order to receive the Services. In respect of your username and password created when using the App, they must be kept confidential by you and must not be shared with anyone. If you do disclose to anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the App using such username, password and/or other identification information.

    2. If you suspect of are aware of any unauthorised use of your account with us, you must notify us immediately.

  2. How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

    1. download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only;

    2. use any initial Content and Additional Content (if purchased) to support your permitted use of the App and the Service; and

    3. receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

  1. You may not transfer the app to someone else

We are giving you personally the right to use the App and the Service as set out above. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

  1. Changes to these terms

    1. We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will notify you of a change when you next start the App.

    2. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Service.

  2. Update to the App and changes to the Service

    1. From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

    2. Depending on the update, if you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

    3. The App will always, at a minimum, match the description of it provided to you when you bought it, unless your operating system no longer supports the functionality of the App.

  3. If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.

  1. We are not responsible for other websites you link to

    1. The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

    2. You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  2. Licence restrictions

You agree that you will:

    1. not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

    2. not copy the App, Content or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

    3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Content or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;

    4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

      1. is not disclosed or communicated without the Licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and

      2. is not used to create any software that is substantially similar in its expression to the App;

      3. is kept secure; and

      4. is used only for the Permitted Objective;

    5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

  1. Acceptable use restrictions

You must:

    1. not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;

    2. not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by these terms);

    3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

    4. not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

    5. not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

  1. Intellectual property rights

All intellectual property rights including, without limitation, all logos, trademarks, service marks, domain names, database rights, rights in designs, rights in know-how, patents and rights in inventions (whether registered or unregistered) and all other intellectual or industrial property rights in any jurisdiction and for any information, content, materials, data or processes contained in or underlying our in the App, the Content and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Content or the Services other than the right to use them in accordance with these terms.

  1. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us

    1. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so

    1. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property

    1. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses

    1. The App is for domestic and private use. If you use the App for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Medical information

    1. The App the Services and the content are provided for general information only and should not be construed as a medical tool or offering medical advice of any kind on which you should rely. We do not warrant that information we provide will meet your health or medical requirements and it is up to you to contact a health professional if you are concerned about your health before taking, or refraining from, any action on the basis of information obtained from the App, the Service or the Content.

    2. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App

    1. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you

    1. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the relevant appstore site and in the Content) meet your requirements.

We are not responsible for events outside our control

    1. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us (or the appstore provider) to end your contract with us and you may be able to receive a refund for any Services you have paid for but not received.

  1. We may end your rights to use the App and the Services if you break these terms

    1. We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

    2. If we end your rights to use the App and Services:

      1. you must stop all activities authorised by these terms, including your use of the App and any Services; and

      2. you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

  2. Your privacy

    1. Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them.

    2. The data controller of your Personal Data will be This Mum Runs Limited, and our contact details can be found above.

    3. Throughout these terms, the term Personal information is used to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymised so that it does not and cannot be used to, on its own, identify a specific user.

    4. We collect the following personal information about you during the course of you registering an account with us, for the following purposes and based on the following legal grounds:

Necessary for the performance our contract and to provide the Services

      1. your name, email address and password, for the purpose of creating an account for you and to notify you about changes to our Service;

      2. your answers to the multiple choice questions we ask you when you sign up, to gauge your current activity levels and what outcomes you are trying to achieve;

      3. activity data, including when you run, how long for and which session you are completing; and

      4. technical information, including the type of mobile device you use, a unique device identifier (for example, your device’s IMEI number), mobile network information, your mobile operating system, the type of mobile browser you use, in order to improve our products and to provide any Services to you; and

Where it is in our legitimate interests to do so

      1. we may use your contact information to provide you with information about promotions, discounts and other services we offer that we feel may be of interest to you. You can opt out of receiving any communication we send you relating to this at any time; and

Compliance with a legal obligation

      1. we may use your personal information in order to prevent fraud or money laundering or to comply with any other legal or regulatory requirements.

    1. We may share your information with third parties, including:

      1. suppliers and sub-contractors for the performance of our contract with you;

      2. analytics and search engine providers that assist us in the improvement and optimisation of our App;

      3. law enforcement, government officials, or other third parties if we are compelled to do so by a legal action, under applicable law or regulation or we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity or to investigate violations of these terms;

      4. parties with which you transact through the App (only to the extent such information is required to be exchanged in order for you to utilise the App); and

      5. other third parties only with your prior consent or direction to do so.

    2. Please note that we do not hold your payment information such as bank account details to process payments – this information will be held by the appstore provider.

    3. We do not transfer your personal information outside of the UK or EU.

    4. We will store your personal information for as long as you hold an account with us, and for two years thereafter, unless we are required to store your personal information for a longer period to comply with any applicable laws.

    5. You have the right, in relation to your personal information:

      1. to request access to, rectification, erasure, restriction of processing, to object to processing as well as the right to data portability in certain circumstances;

      2. to withdraw consent to processing, where this is the basis on which we are conducting processing; and/or

      3. to complain to the UK supervisory authority if you consider our use of your personal information to be unlawful: the Information Commissioner’s Office. Please see further information on their website: www.ico.org.uk.

  1. Other important terms

Confirmation of age

    1. You must be at least 18 years old in order to accept these terms and download the App, or, if you are under 18, you must only download the App with the consent of your parent or guardian.

We may transfer this agreement to someone else

    1. We may transfer our rights and obligations under these terms to another organisation. We will try to ensure that the transfer will not substantially affect your rights under the contract.

You need our consent to transfer your rights to someone else

    1. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

Nobody else has any rights under this contract

    1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force

    1. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

    1. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings

    1. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

This contract has been entered into on the date of your first download of the App.





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