Legal

Runister Private Ltd.

TERMS & CONDITIONS OF USE

Last update: March 20th, 2017

 

1. Acknowledging agreement to these Terms of Service – These Terms of Service, as amended from time to time ("Agreement") constitutes an agreement between Runister Private Ltd. (“Runister” or “we”, “us”, “our” as the case may be) and you with respect to your use of the Runister tools and services (collectively the "App"). IT IS IMPORTANT THAT YOU READ THIS AGREEMENT IN ITS ENTIRETY CAREFULLY, BECAUSE BY INSTALLING THE APP ON YOUR DEVICE OR BY USING THE APP (WHETHER ON YOUR DEVICE OR THROUGH WEB SITES OR BY OTHER MEANS AS MAY BE MADE AVAILABLE FROM TIME TO TIME), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY. BY USING THIS APP (WHETHER ON YOUR DEVICE, THROUGH WEB SITES OR BY OTHER MEANS AS MAY BE MADE AVAILABLE FROM TIME TO TIME), YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS, THAT THE PROVISIONS, DISCLOSURES AND DISCLAIMERS HEREIN ARE FAIR AND REASONABLE, AND THAT YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS IS VOLUNTARY AND IS NOT THE RESULT OF FRAUD, DURESS OR UNDUE INFLUENCE EXERCISED UPON YOU BY ANY PERSON OR ENTITY.

 

2. Other documents forming part of this agreement – In addition, your use of the App is subject to any additional policies, guidelines, rules and legal terms introduced in connection with the use of the App from time to time, including, without limitation, terms and conditions that may apply to updates to the App or requirements / modifications for use within a relevant territory (collectively, the “Additional Policies”). The Additional Policies form part of this Agreement and all references to “Agreement” include the Additional Policies. Your consent and agreement to the Additional Policies is required as a condition of your acceptance of the Terms.

 

3. Updates to the Agreement and other documents and how you may agree to / reject the terms in them – From time to time, this Agreement (including the Additional Policies) may be added to, amended, modified or varied by having the updated Agreement uploaded at this and other hyperlinks mentioned in the update. By using (or continuing to use) the App at any time on or after the date of such upload, you are agreeing that the revised Agreement will replace and govern all of your rights and liabilities (including, without limitation, accrued and ongoing rights and liabilities). In the event that any local law which is applicable prevents the application of any revision of the Agreement in this manner, we will implement any update to the Agreement in such manner as permitted by that applicable law. Should you wish to reject any revision of the Agreement, you are free to un-install and cease further use of the App in which case, the last version of the Agreement in effect will apply to any ongoing or future rights or liabilities.

 

Services

 

4. Running services – The App offers functions and features which incentivise you to run regularly (the “Service(s)”). In order to finalise and confirm your request for running services, you will be required to:

 

a. Register an account (“Your Account”) which requires or involves your provision of user or registration information, including and not limited to full name, password, email address, contact particulars and any such other information as we may reasonably request from time to time;

b. Key in your data and information related to the running services using the registration process provided under the App to set out your complete and accurate particulars used in the running services, including and not limited to your height and weight etc;

c. Provide such information as may be reasonably requested by us or taking further steps as prompted (eg. without limitation, identifying the relevant location and frequency of your runs, activating the Global Positioning Services function on the App etc); and

d. Provide you with tools for you to input / keep track of fitness data which includes but is not limited to your height, weight, age, gender. Tools within the App may also be used by you to calculate your estimates such as calories burned, fitness activity etc and we have no means of independently verifying this information. The accuracy and correct application of the App for such purposes is therefore wholly dependent on the input of accurate data by you, and accordingly no record, estimate, projections, or other information cannot be relied on without your own independent verification with a registered medical practitioner or other qualified medical professional. Your attention is drawn to clause 20.

 

5. Location tracking, remote diagnostics and other functions – You understand and acknowledge that any functions which the App may offer or deploy from time to time, including remote diagnostics, tracking or determining device location, and any other services performed, provided or enabled by or through the App, are each offered by us subject to your acceptance of this Agreement, and any other terms that may be incorporated by reference herein or otherwise presented to you prior to your use of the same. The App also contain functions which are intended to ensure certain conditions are fulfilled when using the Services (e.g. Global Positioning Services). However, you recognise and agree that any GPS estimates which are used by the App are estimates which may be incorrect, and that such features are subject to availability of factors beyond our control such as connectivity provided by third party service providers and the existence or effectiveness of proximate / functional telecommunications infrastructure. Additionally if the GPS / location-based services are disabled in your device, any feature of the App or any services or results based on / tied to distance or location records may be disabled and rendered inoperative, and we are no obligation to fulfil or apply any services or results which are connected to such distance or location records.

 

Account

 

6. Your Account and User Information – You may only use the Service through the App through the use of Your Account either on your device, through web sites or other means as may be made available from time to time, and the provision of information including “personal data” as defined in the Privacy Policy. This App is designed solely for your personal use. You may install the App on more than one of your devices, but you will only be able to use the App on one device at a time. You warrant and represent that any information you provide through the App (“Submitted Information”) is your personal data and does not belong to third parties. Should any Submitted Information relate to a third party or person, you will indemnify us for any such losses arising out of our use of such Submitted Information, including for any claims for privacy breaches by such third parties or persons.

 

Privacy Policy

 

7. Rights to use Information – You grant to us and to all other persons and entities involved in the operation of the App the right to use, store/retain, process, analyse, reproduce, adapt, modify, translate, monitor, retrieve, transmit and disclose Submitted Information in connection with the operation, fulfilment, and administration of the App and any Service, and on the terms or as contemplated under this Agreement. All Submitted Information and any other information you provide to us, or which we collect from you, will be subject to the Privacy Policy contained in this Agreement. By using this App or by answering survey questions in connection with REWARDS (see Clause 16 below), you consent to us collecting, using or disclosing your personal data for the following purposes:

 

(a) responding to your queries, requests and feedback;

(b) to maintain your account with us and process payments or verify your identity / entitlement to use the App;

(c) to provide you with the App Functions;

(d) to communicate with you to inform you of changes to the App, the App Functions or our policies, terms and conditions and other administrative information;

(e) matching and profiling your user profile to provide you with content, articles and information which may be of interest and relevance to you and to improve your user experience with the App;

(f) compiling user statistics, in particular statistics on user interests, lifestyle profiles in conjunction with users’ activity profiles as obtained through the App;

(g) sending you updates and information which you may have requested or which we think may be of interest to you; and

(h) such other purposes as may be reasonably related to the above.

User statistics collected through the use of the App in (f) will be aggregated and anonymized, such that no one individual can be identified or recognized from the user statistics in question. You acknowledge that such user statistics obtained through the use of the App is not Personal data for the purposes of this Agreement, and that Runister reserves the right to share and disclose such anonymized user statistics with third party services.

8. Accuracy, Completeness and Updating of the information you provide – The use of this App, any of our obligations or rights, and any rights accorded to you under this Agreement are subject to the condition that and you hereby warrant and represent to us that the Submitted Information, and any information you disclose or provide to us is accurate, complete, and kept up to date by you at all times. You can provide us with updates to any information in accordance with the terms of this Agreement.

 

 

9. Your obligations to ensure security & confidentiality – You are solely responsible for maintaining the security and confidentiality of Submitted Information (including, without limitation any user name and password or other means used to authenticate your identity or instructions or request made through this App or in connection with this Agreement) and where this App is installed on your personal device, you agree that you will safeguard the access to the use of the App on your device by deploying security measures such as device passwords or PINs.

 

10. Transfers of your data / Data export – In submitting your personal data to us, the personal data may be transferred / exported to locations in other territories outside of your location for the purposes of data processing (as defined below) by third party data intermediaries (also as defined below). We endeavour, in doing so, and in each instance in accordance with applicable laws, and require such data intermediaries (as defined below) to comply with all applicable laws and to provide an equivalent standard of protection for such personal data as such personal data would have received had the personal data remained in your territory. Your personal data will be stored in servers in Ireland.

 

11. Definitions

 

For the purposes of this Privacy Policy:

 

a. “Personal data” as referred herein means means data, whether true or not, about an individual who can be identified — (a) from that data; or (b) from that data and other information to which the organization has or is likely to have access;

b. “Data intermediary” means an organization which processes personal data on behalf of another organization but does not include an employee of that other organization;

c. “processing” in relation to personal data, means the carrying out of any operation or set of operations in relation to the personal data, and includes any of the following: (a) recording; (b) holding; (c) organization, adaptation or alteration; (d) retrieval; (e) combination; (f) transmission; (g) erasure or destruction.

 

12. Queries concerning your personal data – If you have any queries, comments or instructions relating to your personal data or this Privacy Policy, please direct them to our data protection officer at the following addresses:

 

Name: Alba Vázquez

Email: [email protected].

Address: 135 Cecil Street, 10-01 MYP Plaza, 069536 Singapore

Telephone number: +34 645 34 17 81

 

Instructions and Transactions

 

13. Instructions received from you – You agree that any command, direction, execution / activation of function that is a request or direction, order or instruction (whether specifically authenticated or facilitated through the use of App, whether arising from or related to Submitted Information, user ID, password or otherwise, and whether before, during, or after the course of any user session) (collectively, an “Instruction”) to effect any transaction herein (including without limitation, any commercial or non-commercial transactions, communications, and the use of any applications or functions of any kind in or through the App shall entitle us (without prejudice to any rights we may have at law or under any other agreement or document) to (a) assume that such Instruction is issued by you or on your behalf, (b) rely and act on or in accordance with such Instruction (including, without limitation, effecting any relevant transaction) on the basis that such Instruction was issued by you or on your behalf or with your lawful authority, (c) hold you wholly responsible for such Instruction; and (d) treat any such order or instruction as irrevocable and binding on you upon transmission. You agree that, for the purposes of the Electronics Transactions Act (Cap 88), the use of App, Submitted Information, user ID or password shall be deemed to be a “secure electronic signature” in respect of any Instruction received arising from, through, in connection with, or as a result of the same.

 

14. Your responsibility for Instructions and activities occurring – You are also solely responsible for any and all activities that occur under Your Account or Submitted Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Submitted Information, and of any and all other security breaches. In the event of such a notification, we reserve the right to act upon the Instructions (and you agree to be bound by the same) where these are received prior to notification unless and until a reasonable period for us to act on the notification has lapsed. In the case of any doubt, we reserve the right to seek clarifications, withhold, or suspend the taking of any steps in accordance with any Instructions unless and until we are reasonably satisfied as to the authentication of any Instruction or notification.

 

15. Suspension/Termination of Your Account – We reserve the right to modify, block, suspend or terminate Your Account (including without limitation access to your Account on your device or through web sites) or to refuse services or any rewards to you (including without limitation, withholding or delaying any transfer of monies under a rewards system), without prior notice to you, at any time and for any or no reason. Without limiting the above, if there is returned payment by the Apple Store, or if you breach this Agreement, or conduct yourself in a manner detrimental to the integrity, security and operation of the App or any information systems connected or in operation with the same, we reserve the right to permanently terminate Your Account (whether in part or in whole).  You also agree that we may terminate your access to the App (whether in part or in whole) and/or remove or modify any Content within the App, for any reason in our sole and absolute discretion. You agree and acknowledge that any termination of your access to the App may be effected without prior notice, and agree that App may immediately deactivate or delete any account you may have and all related information and files in any such account and/or bar any further access to such information and files. Further, you agree and acknowledge that to the maximum extent permitted by law, we shall not be liable for the discontinuation or termination of your access to the App. We may also cease to provide the App at any time and for any or no reason without prior notice to you. You may also terminate Your Account through the web sites. You hereby acknowledge and agree that any termination of Your Account by either us or yourself, regardless of the reasons for termination (or lack thereof), will not prejudice any claims that we may have against you for any liabilities, loss or damage suffered by us in relation to your use of Your Account or of the App.

 

RUNISTER Plus Premium Service

 

16. Fee and Rewards System – As part of the Service, you will have the opportunity to record activities for rewards in exchange for the distance you run. This is subject to our conditions and qualifications in Clauses 17 and 19 below. Free users (i.e. users who are not Premium Service members, as defined below) will have to answer survey questions in order to obtain REWARDS for recorded activities, with three (3) survey questions required in order to obtain REWARDS for one (1) recorded activity. You are not obliged to answer survey questions, and your use of the Service is not conditional on answering these survey questions. You may at any time upgrade the Service to our RUNISTER+ premium service for a fee (“Premium Service”). The fees for the Premium Service may be imposed during the initial upgrade as well as on a regular basis. Such fees may be amended and new fees may be imposed at any time at our complete discretion upon notice to you through any means necessary, including without limitation by an announcement on the App or through email notifications. Under the Premium Service, you will be able to obtain REWARDS without having to answer survey questions.

 

17. Conditions to qualify for REWARDS – Without prejudice to our right to award REWARDS in our sole and absolute discretion, the following is a non-binding, non-exhaustive of conditions that you are required to fulfil in order for your run to qualify for REWARDS (further requirements may be specified from time to time, and such requirements may take effect from / at any time):

 

(a) We will need to be able to track your location through GPS signal throughout the entire duration of your run;

(b) Your run will need to fit into certain pre-set parameters relating to pace, distance and time.

(c) Your run will need to be within the limitation of a maximum number of runs per day as imposed by us.

 

We reserve the right to amend these conditions or impose new conditions at any time without notice to you.

 

18. Real currency rewards -  Note that the real currency rewards might be subject to prevailing taxes and fees charged by third party providers (e.g. Paypal).

 

19. Rewards System to be awarded at our discretion – You hereby agree and acknowledge that any rewards provided under the Service are entirely at our discretion including without limitation the quantum of such reward, the conditions to qualify for such reward, the frequency of reward payouts and any deductions applicable for any rewards. Such rewards may be changed by us at our complete discretion at any time without notice to you. Nothing in this Agreement is meant to establish any obligation (whether in contractual or in equity) for us to provide you with any rewards under the  Service.

 

20. Health advisory – Runister is for users who have procured independent medical clearances from licensed medical practitioners to participate in running / jogging, and we encourage that you only conduct such activities in a medically responsible way. Nothing in this App must be construed as encouraging you to apply / conduct any exercise regimen which contravenes medical advice received or is otherwise not in accordance with good health practices. This App does not provide any medical advice, and any information provided through the App should not be so construed or used. Using and/or accessing the App and/or providing personal or medical information to us does not create a physician-patient relationship between you and us. Nothing contained is intended to create a physician-patient relationship, to replace the services of a licensed, trained physician or health professional or to be a substitute for medical advice of a physician or trained health professional licensed in your state. You should not rely on anything contained in the App, and you should consult a physician licensed in your state in all matters relating to your health and any activities proposed to be conducted in connection with the App. You hereby agree that you shall not make any health or medical related decision based in whole or in part on anything contained in the App.

 

Intellectual Property Rights

 

21. Ownership of App and Content – All right, title and interest in and to the content displayed on the App, including but not limited to the App's look and feel, data, information, text, graphics, images, sound or video materials, photographs, designs, trademarks, trade names and content provided by third parties that are licensed to us (individually or collectively, the "Content") is owned by us or our third party licensors (as may be applicable). All rights are reserved and any rights not expressly granted herein are withheld.

 

22. License – You are granted a limited, non-exclusive, non-transferable, non-sublicensable right to install and use the App on your personal device for your personal domestic use. The grant of rights herein are limited to our intellectual property rights in the App and do not include any other patents or intellectual property rights. You own the device on which the App is installed but we and/or our licensor(s) retain ownership of the App itself. You agree that your use of the App, including but not limited to qualifying, collecting and redeeming REWARDS, is subject to the terms of this licence, and that you may not (i) use the App simultaneously on two or more different devices, (ii) make the App available over a network where it could be used by multiple devices at the same time or use the App as a service bureau for the provision of Services for third parties, or (iii) use the App for the procurement of running services other than for your personal and non-commercial use.

 

23. Updates – We may make available for download certain updates or upgrades to the App to update, enhance or further develop the App (the “Updates”).  This License allows you to download and use the Updates to update the App on any device that you own or control and which is governed by this license. Any Update that is downloaded, used, or otherwise installed, executed or integrated is thereafter deemed to be part of the “App” for the purposes of this Agreement.

 

24. Extent of License – This license does not allow you to update devices that you do not own or control, and you may not make the App available over a network where it could be used by multiple devices or multiple computers at the same time. You may not make any copies of the App, unless such copy is authorized in writing by us. This License does not grant you any rights to use our (or our licensors’) proprietary interfaces and other intellectual property in the design, development, manufacture, licensing or distribution of third-party devices and accessories for use with the App.

 

25. Licensing Restrictions – Except as and only to the extent expressly permitted in this Agreement, by licensing terms governing use of open-sourced components included with the App (if any), by applicable law or as otherwise expressly authorised by us in writing, you may not (and may not knowingly allow or assist any third party to) copy, decompile, download, reproduce, communicate, republish, upload, post (except for limiting sharing of your activity on Facebook, Twitter or Instagram as provided under the functionalities of the App), transmit, edit, re-use, adapt, modify, rent, lease, loan, sell, assign, transfer, distribute, perform, display, license, sublicense, reverse engineer, disassemble, reverse assemble, attempt to derive the source code of, create derivative works or adaptations of the App or any Content. Any attempt to do so is a violation of our rights and our licensors. If you breach this restriction, you may be subject to prosecution and damages. By storing content on your device you are making a digital copy. In some jurisdictions, it is unlawful to make digital copies without prior permission from the rights holder.

 

26. Trade Marks –  All trademarks and any logos, service marks, slogans, product names and designations and other proprietary indicia used as part of the App or Content (collectively “Trademarks”) are our property, or our licensors and may not be used without our prior written permission which may be withheld in our absolute and sole discretion.

 

27. Notifications of infringement - We respect the intellectual property rights of others and require other users to do the same. To notify us of your claim of copyright infringement with respect to any content posted on / through the App, please send a written communication to the contact particulars at the end of this Agreement. Please note that the notice must at a minimum:

a. for allegations of infringement of copyright, complaints should be made in writing and  be signed by the complainant (if you are the person complaining, this would be you), stating at least the following particulars:

(i) the name and address of the complainant;

(ii) where the complainant is acting on behalf of a copyright owner or an exclusive licensee, the name and address of the copyright owner or exclusive licensee;

(iii) the complainant’s address for service/ receipt of correspondence;

(iv) a telephone number, a facsimile number (if any) and an electronic mail address at which the complainant can be contacted;

(v) sufficient particulars to enable us to —

1. identify the material in respect of which copyright is alleged to have been infringed;

2. identify and locate the electronic copy alleged to be an infringing copy of the material referred to, including the online location of that electronic copy; and

3. identify and locate the means by which we are alleged to have referred or linked a user of any network to the online location of the electronic copy referred to above;

(vi) The written statement also needs to confirm that the complainant (or you if you are making the complaint), in good faith, believes that the electronic copy alleged to be infringing is an infringing copy of the material identified and it must contain a clear request for us to remove or disable access to that electronic copy or disable access to the same. If applicable law permits, then, as a condition of complying with your request, we may also require that the complainant (or you if you are complaining) agree to submit to the jurisdiction of a relevant court for the purposes of any proceedings relating to the complained of infringement.

b. The applicable law in some jurisdictions may prescribe a specific or different set of rules or procedures and if we receive a written statement in circumstances which indicate to us that those rules may apply, we will be in touch with you to confirm the additional requirements. You agree that you (or any complainant) will withhold action until such rules or procedures have been complied with.

c. Upon receipt of the notification in compliance with the relevant rules or procedures, we will remove or disable access to the alleged infringing material through the App and we will advise further on follow up procedures as may be applicable under law including any rights or obligations to reinstate the disabled or removed content.

d. Should applicable law or any order of court or a competent authority require us to reinstate / remove any materials arising from or in connection with such notification, you agree that we may comply with the same without liability to you or any third party.

 

Forwarding Content from the App

 

28. If you choose to forward Content from the App, you agree that you will only forward such content to recipients you know who have consented to receive it and who are known to you. You agree that you will not use the App for engaging in spam or other illegal conduct. Content must be forwarded unaltered.

 

Use of the App by Children

 

29. Minimum Age – This App is not directed at / targeted at children under 18. If you are under the age of 18 (or, where applicable laws specify a higher age of legal majority, such age as may be specified by applicable law as the age of legal majority), you should not use any Service via the App or otherwise provide any of your personal data to us without the permission of your parent or legal guardian. If you use the App, we will assume, and you confirm, that you are 18 years of age (or, where applicable laws specify a different age of legal majority, such age as may be specified by applicable law as the age of legal majority) or older or that you have the permission of your parent or legal guardian who consent to the terms of this Agreement in their entirety on your behalf.

 

30. Parent & Guardian – If you are the parent or legal guardian of a child under the age of 18, you should carefully supervise your child's use of the App. It is the responsibility of parents or legal guardians, and our responsibility, to determine whether any part of the App or any site linked to from the App is appropriate for their children.

 

31. Suspension / Termination for use by minor – This App is intended for use by persons of legal majority. There is a limit to what extent we can verify your age and we are dependent on your declarations to do so. To the extent that paid services / payment account details are provided concerning yourself as a user, we reserve the right to rely on and use this data as a means of verifying your age. If we are informed, or it is drawn to our attention that the user particulars relevant to payment records and the user particulars in respect of the App do not match, we are entitled to infer that age verification, and user verification has been achieved and we reserve the right to terminate or suspend services under this App to you. You warrant that these details are accurate and pertain to your own personal particulars.In the event that we are given information which we determine to be reasonably reliable which indicate that you may be under the age of 18 (or, where applicable laws specify a different age of legal majority, such age as may be specified by applicable law as the age of legal majority), we reserve the right to suspend or terminate Your Account, cancel all Service, delete any Submitted Information, and disable the further use of the App on the device to which the Your Account to which it is linked.

 

App not intended for non-personal or non-domestic use

32. Notwithstanding anything stated in this Agreement, or any statement or representation made relating to the App, the App is only intended for personal use by users to provide running services. No licence is granted for the use of the App for any other purpose. The App or any of its functionalities is not to be used or relied on to place or administer the Service for and on behalf of any third parties, or for any professional use (including, without limitation, the administration of services for and on behalf of others as an agent or as a service bureau). You represent and warrant that the App will not be used for such prohibited purposes. If we receive information that the App has been used in contravention of these restrictions, we reserve full rights to take any step we deem fit, including but not limited to, termination of any use or access to the App and/or any of it functionalities of the App, to terminate Your Account, or take such action to remedy or recover any damage or loss we suffer arising from such use. If you are interested in using this App for any commercial or governmental purpose, please contact us at [email protected] for further discussion.

 

Third Party Sites and Links

 

33. We may provide links to other sites or resources on the World Wide Web operated by third parties. We have no control over such third party sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources. You further acknowledge and agree that to the maximum extent permitted by law, we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods or services on or available through any such site or resource. You further acknowledge that your access to and/or use of such third party sites and resources is at your own risk, and that such third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.

 

Prohibited Uses

 

34. You understand, acknowledge and agree that you may not use the App, or any functionalities (including any functions under the App to permit users to post messages, reviews or content of any nature) or any Content in any of the following ways (collectively, the “Prohibited Uses”):

 

a. You may not engage in, facilitate or otherwise further unlawful, illegal or abusive conduct or violating any codes of conduct (including any applicable industry or legal regulations or codes), terms of use, or license agreements applicable to your use of the App or any portion thereof (including without limitation, breaching the conditions for qualifying for rewards or hacking into the rewards system);

b. You may not harm us, our family members, our affiliates and subsidiaries, customers, wireless carriers, advertisers, resellers, distributors, vendors, any provider of the App and/or any individuals, including defaming, abusing, harassing, stalking, threatening, or otherwise violating another person or entities' rights (such as their intellectual property rights or their right to privacy, publicity);

c. You may not impersonate any person or entity, or falsely stating, implying or misrepresenting your affiliation with another person or entity;

d. You may not send, receive or relay any unsolicited bulk messages or unsolicited messages ("Spam"), including conducting unsolicited surveys, or illegal contests or pyramid schemes, or sending chain letters, duplicative messages

e. You may not use the App (or any part of the App thereof, or in conjunction with the App) to harvest or otherwise collect information about others (such as email addresses or cell phone numbers) whether for / in respect of / as part of any surveys, studies, research, commercial, personal or any other purpose or whether with or without their prior affirmative consent;

f. You may not use any automated process or service to access and/or use the App (such as a bot, a spider, periodic caching of information stored by us, or "meta-searching") nor may you create a false identity in your use of the App, or in your communications with others through your use of the App;

g. You may not use any unauthorized means to modify or reroute, or attempt to modify or reroute, the App;

h. You may not damage, disable, overburden, or impair the App (or the network(s) connected to the App), including uploading or transmitting any viruses, malware, or files designed to interrupt, destroy, or limit the functionality of the App, or interfere with anyone's use and enjoyment of the App;

i. You may not resell or redistribute all or any part of the App or any other feature of the App to any third party;

j. You may not provide false or misleading information or make false or misleading information statements, or misrepresent your identity, or intentions;

k. You may not post or provide any statements or content which is offensive or obscene to any racial / ethnic, religious or political group;

l. You may not use the App to promulgate any ideas or make any statement that may incite any ill will / hatred / prejudice against any race / religion / social group or that may be used as support for any political cause or campaign; and

m. You may not advertise, distribute or promote any products, or (for commercial purposes), endorse your own or any third party product or services or engage in any anti-competitive behaviour.

 

35. Right to terminate for abusive use of the App – Notwithstanding anything stated in this Agreement, and without prejudice to any of our rights in this Agreement, in the event that we determine that you have used the App for Prohibited Uses, we reserve the right, and you agree, that we may terminate Your Account or prohibit the further or future use by you (or on your device) of the App.

 

Dealings With Advertisers Or Third Party Vendors

 

36. Advertisements & dealings with advertisers / third parties found through the App – We are not responsible for the fulfilment of any reward services procured in connection with the App. Your dealings with advertisers or third party vendors found on or through the App, including any participation in the provision of reward services in relation to the running services, and any terms, conditions, warranties or representations associated with such activities, are on such terms as are determined between you and the third party. We do not make any representations or warranties with respect to any goods or services that may be supplied or operated by such third parties.

 

37. Conduct your own review – YOU BEAR THE RESPONSIBILITY OF SATISFYING YOURSELF OF THE FITNESS, SUITABILITY, QUALITY, LEGALITY, APPROPRIATENESS, OR ANY OTHER ASPECT OF THE SERVICE BEFORE USING THE SERVICE. YOU ARE RESPONSIBLE FOR ANY HEALTH ISSUES THAT MAY ARISE FROM YOUR USE OF THE SERVICES.

 

38. Exclusion / Disclaimer for Service – EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE APP, AND ANY SERVICES PERFORMED, PROVIDED, PROCURED OR ENABLED BY OR THROUGH THE APP, ARE PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND BY US AND WE DISCLAIM ANY, EITHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY (INCLUDING WITHOUT LIMITATION ANY ACCURACY OF FITNESS DATA), OF TIMELINESS (INCLUDING WITHOUT LIMITATION ANY TIMELINESS IN UPGRADING YOU TO A PREMIUM SERVICE USER) AND NON-INFRINGEMENT OF ANY LAWS, REGULATIONS, THIRD-PARTY RIGHTS ARISING IN CONNECTION WITH SUCH PERFORMANCE, PROVISION, PROCUREMENT OR ENABLEMENT OF THE SAME. WE DO NOT WARRANT THAT SUCH SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE SAME WILL NOT CAUSE YOU ANY LOSS OF ANY KIND. YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED IN CONNECTION WITH YOUR USE OF OR RELIANCE ON ANY CONTENT, GOODS, SERVICES, INFORMATION OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH THIRD PARTIES.

 

39. Consumer Protection Notification – For the purposes of the Consumer Protection (Fair Trading) Act (Cap 52A), without limitation and without prejudice to any disclaimer or exclusion in this Agreement, no representations are made THAT the App or any running services provided or procured through the use of this App are:

 

a. sponsored, approved, or have any performance characteristics, accessories, ingredients, components, qualities, uses or benefits;

b. of any particular standard, quality, grade, style, model, origin or method of manufacture / supply;

c. in the case of the App, the App is downloaded or updated for free or, in the case of any paid version (if any) for a fixed price you have been informed of prior to downloading of the same;

d. needed or desirable;

e. such as to result in any price benefit or advantage; or

f. supplied with or result in the grant or provision of any gifts, prizes or other free items.

 

Disclaimers

 

40. App is provided on “As-is and as available” basis – The App is provided on an as-is and as-available basis, with all faults and we make no warranty or representation in relation thereto. Access to the App is at your own risk and you are responsible for compliance with all applicable local laws. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PERFORMED, PROVIDED OR ENABLED BY OR THROUGH THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP WILL BE CORRECTED. You understand and acknowledge that installation of the App and any updates may affect the usability of third-party software.  Should the App prove defective, you assume the entire cost of all necessary servicing, repair or correction. Nothing in this Disclaimer shall be construed as disclaiming or limiting liability for personal injury or death for which we are personally and legally liable.

 

41. Exclusion & Disclaimer – To the maximum extent permitted by law, We AND our affiliates, members, officers, employees and agents, hereby expressly:

 

a. Disclaim and exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity, including and not limited to warranties of accuracy (INCLUDING WITHOUT LIMITATION ANY ACCURACY OF CALORIES BURNT), reliability, TIMELINESS (INCLUDING WITHOUT LIMITATION ANY TIMELINESS IN UPGRADING YOU TO A PREMIUM SERVICE USER), merchantability, satisfaction, quality, fitness for a particular purpose and non-infringement;

 

b. Disclaim and exclude any and all liability for any consequences, DELAYS, claims, liability, loss or damage (howsoever arising) relating directly or indirectly to any use, reliance, action or inaction by you based on information, services or other material on or available through the App.

 

Indemnity

 

42. Your Indemnity to us – You agree to fully indemnify and hold harmless us, ours affiliates, members, officers, employees and agents (collectively, the “Indemnitees”) from and against any claim, demand, loss, damage, cost, or liability (including reasonable legal fees) which any of the Indemnities may suffer or suffers in connection with or arising from your breach of this Agreement (including, without limitation any warranty or representation made by you under the Agreement) and/or your access or use of the App.

 

Limitation Of Liability

 

43. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR CONTRACTS, LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED MANAGEMENT OR OFFICE TIME, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL LOSS (HOWSOEVER ARISING), INCURRED IN CONNECTION WITH OR ARISING FROM YOUR ACCESS OR USE OF THE APP, WHETHER OR NOT THEY ARE FORESEEABLE AND EVEN IF WE, OUR AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. THE FOREGOING DOES NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH WE ARE LEGALLY LIABLE.

 

No Other Agreements

 

44. This Agreement, which includes any other documents incorporated or referred to herein, sets forth the complete and entire agreement between us and you relating to the subject matter of this Agreement, including your use of the App, and supersedes any and all previous agreements relating to such subject matter. You agree and acknowledge that you have not accepted this Agreement in reliance upon any representation, warranty or undertaking of ours  which is not set out or referred to in this Agreement.

 

Third Party Rights

 

45. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Rev. Ed. 2002, Chapter 53B) to enforce any of its terms.

 

Severability

 

46. If any provision of this Agreement is found by a competent court to be invalid illegal, or unenforceable for any reason, you agree that any remaining portion of that provision, and all other provisions of this Agreement, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties’ intentions.

 

Illegality

 

47. The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

 

Remedies and Waiver

 

48. Any failure or delay by us to enforce or exercise any provision of this Agreement or any right or remedy under this Agreement shall not operate as a waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Our rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided at law.

 

Applicable Law

 

49. This Agreement is governed by and construed in accordance with the laws of Singapore. You irrevocably agree to submit any dispute arising out of or relating to this Agreement to the non-exclusive jurisdiction of the courts of Singapore.

 

Headings

 

50.  Headings are used for ease of reference and are not affect the interpretation of these terms.

 

Technical Support

 

51. We are open to suggestions and provide a helpdesk service to assist or answer queries from you on the use of the App. Whilst we will endeavour to review and respond to any emails or messages received, we owe no obligation to do so and, as this is a free service, any advice, statement, comment or support provided to you is on an “as is” basis, where, consistent with (and without prejudice to) clauses 40 and 41 of this Agreement, we will not warrant that any defects, errors or issues will be corrected, remedied or addressed respectively or that a response will be issued, or if issued, that such response will be timely, adequate or appropriate in any way. You acknowledge and agree that this reflects a fair balance and allocation of liability given the free nature and nature of use / deployment of the App.

 

Terms Required by Apple

 

52. In the event that you obtain this App through the Apple App Store, offered by Apple, Inc. (Apple), the following shall apply. You acknowledge and agree that if any of the terms and conditions of this Agreement are inconsistent or in conflict with Apple’s Instructions for Minimum Terms for Developer’s End-User License Agreement (the “Minimum Terms”), as published on Apple’s website at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ from time to time, the Minimum Terms will apply:

(a) You acknowledge and agree to the following:

You will only use the App in connection with an Apple device that you own or control;

o You will comply with any applicable third party terms which may affect or be affected by your use of the App;

o In the event you use the App to provide you with real-time route guidance, YOUR USE OF SUCH REAL TIME ROUTE GUIDANCE IS AT YOUR SOLE RISK. LOCATION DATA PROVIDED UNDER SUCH REAL TIME ROUTE GUIDANCE MAY NOT BE ACCURATE.

o Apple has no responsibility for the App, including without limitation of the foregoing, no responsibility to furnish any maintenance and support services for the App or to address any claims of the end-user or any third party relating to the App or the end-user’s possession and/or use of that App, including, but not limited to: (i) product liability claims, (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation and (iv) any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights;

o Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof;

(b) In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the App; and

(c) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Contact Us

 

53. If you have any questions, complaints or claims regarding this Agreement, please contact Runister at [email protected], or via our address at 135 Cecil Street, 10-01 MYP Plaza, 069536 Singapore.